법률사무소 세금과 법률 taxnlaw.co.kr
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TAX & LAW 세금과 법률
LEE, Jae Wook(ATTORNEY AT LAW LICENSED TO PRACTICE IN KOREA, U.S.A., ILLINOIS)
KOREA, U.S.A. LEGAL SERVICES. TAX & LAW, REAL ESTATE, VISA, INVESTMENT, IMMIGRATION SERVICES FOR KOREA, U.S.A. and WORLDWIDE CLIENTS
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Referrals for Medical Examination or Re-Examination of Certain Applicants
관리자  (Homepage)
2016-05-07 19:53:35, 조회 : 343, 추천 : 105
After receiving a report from the specialist, the medical examiner will complete their report and diagnosis to DOS or USCIS.36

DOS and USCIS officials also may ask screening questions regarding an applicant’s substance use at in-person interviews, often as part of reviewing immigration forms. If information disclosed on an immigration form or an answer to a verbal question highlights that an applicant has engaged in substance use, the DOS or USCIS officer may refer the applicant to a panel physician or civil surgeon for examination or re- examination.  As a practical matter, these referrals commonly occur when an applicant discloses substance use or convictions for the first time in an interview with immigration officials.

Applicants with DUI Arrests or Convictions

Over the past several years, DOS and DHS have issued specific guidance regarding alcohol use and applicants with DUI arrests or convictions. Agency memoranda and policy clearly reflect that U.S. immigration authorities consider drunk driving a serious mental disorder with great potential for harmful behavior. However,
DOS and USCIS officials will not make any health-related inadmissibility determinations without first receiving a report and Class A diagnosis of the applicant by a medical professional. Thus, immigration and consular officers may refer applicants with a record of alcohol-related arrests or convictions to be examined or re-examined by a panel physician or civil surgeon with regard to these incidents.

These referrals commonly occur at the consular level with NIV applicants who have a record of DUI arrests or convictions, but have not previously visited a panel physician. They may also occur for consular IV applicants who did not discuss their record of DUI arrests or conviction with the panel physician during their medical examination. Likewise, USCIS will refer AOS applicants to civil surgeons for further review if the applicant has a record of arrests or convictions, and no discussion of the applicant’s record appears in the medical examination report.

In June 2007, DOS released a cable mandating referrals to panel physicians for all visa applicants with “a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or convictions in any time period” or where “there is any other evidence to suggest an alcohol problem.”37  In the cases of IV applicants who have already undergone examination by a panel physician, medical examiners are directed to “evaluat[e] for the presence of a mental disorder previously unnoticed before… [becoming] aware of [an] alcohol-related arrest.”38  The cable
clarifies that incidents of alcohol abuse or drunk driving alone are not a sufficient basis for health-related inadmissibility, and must be accompanied by harmful behavior to make an applicant ineligible to receive a visa.39  However, this policy of mandatory referrals to panel physicians for further examination will add an extra step which complicates and delays consular processing for many applicants.





36 Id. at § III(B)(4)(c).
37 DOS Cable, “Guidance on Processing Visa Applicants with Drunk Driving Hits” (June 7, 2007),
published on AILA InfoNet at Doc. No. 07071760 (posted Jul. 16, 2007), at 1.


Similarly, USCIS officers are required to refer AOS applicants for re-examination by a civil surgeon “when the criminal record of [the] applicant… reveals a significant history of alcohol-related driving arrests and/or convictions, and the Form I-693 medical report does not reflect that the alcohol-related driving incidents were considered by the civil surgeon.”40  However, not all applicants with a record of DUI arrests or convictions will be re-examined. Referral for re-examination is only mandatory for applicants with a “significant criminal record of alcohol-related driving incidents,” namely:

•        One or more arrest/conviction for DUI/DWI while the applicant’s driver’s license was suspended, revoked or restricted at the time of the arrest due to a previous DUI/DWI incident;

•        One or more arrest/conviction for DUI/DWI where personal injury or death resulted from the incident(s);

•        One or more conviction for DUI/DWI where the conviction was a felony in the jurisdiction in which it occurred or where a sentence of incarceration was actually imposed;

•        Two or more arrests/convictions for DUI/DWI within the preceding two years; or

•        Three or more arrests/convictions for DUI/DWI where one arrest/conviction was within the preceding two years.41

In the re-examination, the civil surgeon will investigate the applicant’s “mental status… specifically addressing the incidents revealed in the criminal record”42 and must make a Class A diagnosis to trigger health-related inadmissibility.




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세금과 법률
세금과 법률, 부동산경매, 토지수용, 이민(TAX & LAW, REAL ESTATE, IMMIGRATION)
변호사 이재욱(한국, 미국)
우)06653
서울특별시 서초구 서초동 1589-5 센츄리1 오피스텔 412호
서울특별시 서초구 반포대로14길 30 (센츄리오피스텔) 412호.
Suite 412, Banpo-daero 14-gil 30, Seocho-gu, Seoul, Korea, 06653

email: jawala.lee@gmail.com
연락전화: +82-010-6350-1799 / 미국전화: +1-323-553-1799

세금과 법률, 부동산경매, 토지수용, 이민
(TAX & LAW, REAL ESTATE, IMMIGRATION)

TAX & LAW, ART DEALING, IMMIGRATION
ATTORNEY AT LAW(KOREA, USA, ILLINOIS)
KOREA CELL: +82-010-6350-1799 / U.S.A., CELL: +1-323-553-1799
email: jawala.lee@gmail.com
우)06653
Suite 412, Banpo-daero 14-gil 30, Seocho-gu, Seoul, Korea, 06653