Under U.S. immigration law certain medical, mental health and substance abuse issues are grounds of inadmissibility into the United States. As such, individuals who have certain diseases or who suffer from addiction to certain substances, including alcohol, may be denied a visa to enter the U.S. for any type of temporary stay, whether for work or pleasure. The U.S. Department of State recently announced that visa applicants who have been convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI or DWAI) during the five years prior to the visa application will be required to have a medical exam by a designated physician to determine if the individual suffers from a disease or addiction that renders him/her ineligible for the visa. Similarly, visa applicants who have had two such alcohol incidents within the 10 years prior to a visa application will be required to undergo the same exam process.
Furthermore, based on the new policy, the U.S. Department of State has begun to revoke visas of certain individuals who have already obtained them and may currently be in the U.S., with the result that such individuals would have to apply again for a visa in the event they depart the U.S., despite the current expiration date on their visa. At the very least, individuals who have a DUI or related alcohol conviction in their past should expect to be delayed abroad when applying for a visa at a U.S. Consulate. They should also be aware that they may be determined ineligible for the visa in which case their visa application would be denied. Please note that this rule has no effect on individuals who are lawfully present in the United States and do not depart the United States. Individuals who must travel internationally and have a DUI or related conviction in their past should seek counsel with an immigration attorney to understand the gravity of their situation and whether there are options such as a waiver of inadmissibility.