NIV Issues: DUI, Marijuana and Public Charge Danielle Rizzo, Buffalo, NY- Discussion Leader Matthew McNeil, Supervisory Attorney Adviser, Visa Office, Advisory Opinions Division Brad Ortman, Cleveland, OH George Fee, Cincinnati, Ohio

Functions of the Visa Office, Advisory Opinions Division Advisory Opinions for Consular Officers Volume of requests Subject of requests Processing times “Administrative processing” LegalNet How to submit an inquiry Appropriate subjects of inquiry Processing time

Cannabis & Admissibility Overview of legal status of cannabis – conflict between Federal and State laws. Potential grounds of inadmissibility triggered by personal use and/or industry involvement: Criminal grounds INA §212(a)(2)(A)(i)(II) – conviction or admission of crime “related to” a controlled substance INA §212(a)(2)(C) – controlled substance traffickers INA §212(a)(3)(A)(ii) – seeking to enter the U.S. to engage in unlawful activity Health related grounds INA § 212(a)(1)(A)(iii) – physical/ mental disorder & associated harmful behavior INA § 212(a)(1)(A)(iv)- drug abuser or addict

Prudential Visa Revocations What is a prudential revocation? INA §221(i) 22 CFR §41.122(a); 22 CFR §42.82(a) 9 FAM 403.11-5(B) Role of Visa Office in processing prudential revocations Potential deportability: INA §237(a)(1)(B) Navigating a prudential revocation/visa reissuance Generally effective upon departure from the U.S. Potential inadmissibility grounds triggered by arrest and/or conviction Criminal grounds (policy originated with DUI arrests, has been expanded to include other crimes, including domestic violence) Health-related grounds

Public Charge Ground of Inadmissibility INA 212(a)(4)(A) In general.-- Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible. INA 212(a)(4)(B) Factors to be taken into account.-- (i) In determining whether an alien is inadmissible under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-- (I) age; (II) health; (III) family status; (IV) assets, resources, and financial status; and (V) education and skills. (ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

New Public Charge Guidance Final Rule at 84 Fed. Reg. 41292, “Inadmissibility on Public Charge Grounds,” – effective 10/15/2019 Supersedes “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” at 64 FR 28689 (May 26, 1999). Creates Form I-944 New benefits added to the list of those that subject one to a public charge finding: non-emergency Medicaid; Supplemental Nutrition and Assistance Program (SNAP, formerly food stamps); Section 8 Housing Choice Voucher Program; Section 8 Project-Based Rental Assistance; and Public Housing.