Substance Use Disorder as a Ground of Inadmissibility

Under the Immigration and Nationality Act (INA), a current substance use disorder associated with harmful behavior is a Class A condition and a ground of inadmissibility. However, the analysis is more nuanced than a simple positive or negative finding.

The civil surgeon evaluates the applicant's substance use history, current status, and any associated harmful behavior. A history of substance use that is in remission and not associated with harmful behavior is typically classified as Class B, not Class A.

Class A vs. Class B Substance Use Findings

A substance use disorder is classified as Class A only if it is current (not in remission) and associated with harmful behavior. Harmful behavior includes behavior that poses a threat to the property, safety, or welfare of the applicant or others.

A substance use disorder that is in sustained remission — typically defined as no substance use for 12 months or more — is classified as Class B. Class B conditions are not grounds of inadmissibility but may require documentation of treatment and follow-up.

Treatment Documentation Strategy

For clients with substance use findings, attorneys should gather the following documentation:

• Treatment records from a licensed substance use treatment provider
• Documentation of completion of any treatment program
• A letter from the treating provider confirming current remission status
• Documentation of participation in ongoing support programs (e.g., AA, NA)
• Drug test results demonstrating current sobriety, if available
• Any court records related to substance use (DUI, drug charges) and their disposition

The I-601 Waiver for Substance Use Inadmissibility

If a substance use disorder is classified as Class A, a waiver may be available through Form I-601. The waiver requires demonstrating extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent.

The I-601 waiver for substance use inadmissibility can be challenging to obtain. Attorneys should carefully evaluate whether the client meets the waiver requirements and gather comprehensive documentation of both the substance use history and the qualifying relative's hardship.

Marijuana and Immigration

Marijuana use presents a particular challenge in immigration cases. Even in states where marijuana is legal, it remains a controlled substance under federal law. The civil surgeon will evaluate marijuana use under the same framework as other substances. Attorneys should advise clients not to disclose marijuana use to the civil surgeon unless directly asked, and to be aware that current marijuana use may be classified as a substance use disorder.