Chapter 5: Waiver of Drug Abuse and Addiction

A. Adjustment of Status and Immigrant Visa Applicants​

In general, no waiver is available for ​adjustment of status and immigrant visa applicants who are found inadmissible because of drug abuse or drug addiction​.​ [1] There are specific statutory provisions that permit USCIS to waive this ground, such as those applying to asylees and refugees seeking adjustment, and Legalization and SAW applicants. These waivers are specific to those classes of immigrants and are outside the scope of this chapter, which focuses only on waivers available under INA 212(g). See Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility [8 USCIS-PM B] for more information on inadmissibility on account of drug abuse or drug addiction.

B. Remission​

Although​ a​ waiver ​is unavailable ​for medical inadmissibility due to drug abuse or addiction, an applicant may still overcome this inadmissibility if his or her drug abuse or addiction is found to be in remission. After being found inadmissible due to drug abuse or drug addiction, an ​applicant​ may undergo a re​-​examination at a later date at his or her own cost. If, upon re​-​examination, the civil surgeon or panel physician certifies, per the applicable HHS regulations and CDC’s Technical Instructions, that the ​applicant​ is in remission, the applicant is no longer inadmissible as a drug abuser or addict​. ​