A noncitizen is inadmissible if s/he is “determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict . . .”[183]  This ground of inadmissibility does not require a conviction.  See § 21.10, infra.

[183] INA § 212(a)(1)(A)(iii), 8 U.S.C. § 1182(a)(1)(A)(iii); 42 C.F.R. § 34.2.  This is also a ground of deportation.  See § 17.24, infra.

Other

DRUG ABUSE OR ADDICTION " REMISSION USCIS POLICY MANUAL
Chap. 8, section A (If the applicant is classified as a drug abuser or addict, the applicant can apply again for an immigration benefit if his or her drug abuse or addiction is in remission. Remission is now defined by DSM criteria, and no longer by a set timeframe as it was under previous Technical Instructions. In order for an applicants drug abuse or addiction to be classified as in remission, the applicant must return to a civil surgeon for a new assessment.) (emphasis added). http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter8.html

DRUG ABUSE OR ADDICTION " DEFINITION
USCIS Policy Manuel, Chap. 8, section A (Drug abuse and drug addiction are defined as the non-medical use of a controlled substance listed in Section 202 of the Controlled Substance Act.). http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter8.html

DRUG ABUSE OR ADDICTION " PROCEDURE FOR DETERMINATION
USCIS POLICY MANUAL, Chap. 8, section A (The civil surgeon must now make this determination [of whether drug abuse or addiction is shown for purposes of inadmissibility] according to the [CDCs] Diagnostic and Statistical Manual of Mental Disorders (DSM) as specified in the Technical Instructions. http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter8.html The Technical Instructions are available at http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/mental-civil-technical-instructions.html.

DRUG ABUSE OR ADDICTION " REMISSION
USCIS POLICY MANUAL, Chap. 8, section A (If the applicant is classified as a drug abuser or addict, the applicant can apply again for an immigration benefit if his or her drug abuse or addiction is in remission. Remission is now defined by DSM criteria, and no longer by a set timeframe as it was under previous Technical Instructions. In order for an applicants drug abuse or addiction to be classified as in remission, the applicant must return to a civil surgeon for a new assessment.) (emphasis added). http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter8.html