INA 212(a)(1)(A)(iv) relates to inadmissibility for individuals who are determined to have drug or alcohol addiction or abuse and typically becomes an issue when applying for a visa at a US Consulate abroad. Before judging an applicant inadmissible, the Consular officer will normally ask the applicant to be evaluated by a panel physician. For those then found inadmissible under INA 212(a)(1)(A)(iii), the Consulate will commonly ask you to wait at least one year before reapplying and undergoing another evaluation by the panel physician. If you fail the evaluation or if the Consular officer finds another reason to deny your application, you will have to wait another year and do it all over again.
Instead of waiting another year to apply, it may be possible to challenge the determination of inadmissibility itself. The initial determination is often based on a medical examination by a civil surgeon or panel physician. If the medical evaluation was incomplete, inaccurate, or failed to consider relevant factors—such as current sobriety or misclassification of the condition—the applicant may submit additional evidence or request a reevaluation. Providing independent assessments from qualified medical professionals can also help contest the findings.
If you or someone you know has been found inadmissible under INA 212(a)(1)(A)(iv), legal representation is essential to explore your options for waivers or challenging the determination. With careful preparation and the right strategy, it is possible to overcome this ground of inadmissibility and move forward with your immigration process. If you or someone you know is affected by this provision, contact my office today. You can reach us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.