1. 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

2. 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

3. Cannabis & Admissibility
Overview of legal status of cannabis
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
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

4. Prudential Visa Revocations
What is a prudential revocation?
INA §221(i)
9 FAM (B)
Role of Visa Office in processing prudential revocations
Navigating a prudential revocation/ visa re-issuance
Potential deportability: INA §237(a)(1)(B)
Potential inadmissibility grounds triggered by arrest and/or conviction
Criminal grounds
Health-related grounds

5. 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.

6. New Public Charge Guidance
Final Rule at 84 Fed. Reg , “Inadmissibility on Public Charge Grounds,” – effective 10/15/2019
Supersedes “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” at 64 FR (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.