Substance Use as a Ground of Inadmissibility

Under U.S. immigration law, drug abuse or addiction is a ground of inadmissibility. This includes abuse of or addiction to controlled substances, as well as alcohol abuse or alcoholism in some circumstances. The civil surgeon is required to evaluate and document any history of substance use disorder as part of the immigration medical examination.

What the Civil Surgeon Evaluates

The civil surgeon will ask about your history of drug and alcohol use as part of the medical history review. The evaluation focuses on whether you currently have or have had a substance use disorder — not simply whether you have ever used alcohol or drugs.

Past substance use that did not rise to the level of abuse or addiction, and that is no longer ongoing, may be documented but is generally not a ground of inadmissibility.

Be Honest With Your Civil Surgeon

It is important to be honest with our civil surgeon about your substance use history. Attempting to conceal a substance use disorder can result in misrepresentation findings, which carry their own serious immigration consequences. Honesty allows the civil surgeon to document your situation accurately and advise you on available options.

Waivers and Legal Pathways

If substance use disorder is identified as a ground of inadmissibility, waivers may be available in some circumstances. The availability of a waiver depends on the specific substance, the nature and duration of the disorder, and other factors. Our civil surgeon can advise you on the appropriate next steps and refer you to an immigration attorney if needed.