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Criminal Immigration Law – DUI and Visas

A new Cable from the State Department clarifies how consular officers should handle cases where an applicants’ criminal record shows an arrest or conviction for drunk driving or other alcohol related offences.

Posts generally become aware of drunk driving arrests and convictions after receiving the results of fingerprints taken when an applicant has a CLASS hit. While a drunk driving conviction is not a statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether the applicant may in fact be ineligible under Section 212(a)(1)(A)(iii). This applies to applicants who have a physical or mental disorder and demonstrate behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.

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