Khat Use and Immigrant Visas
It’s not news that will affect a great many people but it’s interesting nonetheless. AILA has reported that Terrence West, the U.S. Consul in Sana'a, Yemen, has provided some guidance on dealing with the issue of khat use-immigrant visa ineligibility.
Khat is a controlled substance in the U.S. (and many other countries) and if it is used more than a single time, then the visa applicant is going to be considered a drug addict or drug abuser and consequently he or she will be determined to be ineligible for an immigrant visa under INA Section 212(a)(1)(A)(iv).
The statement issued by Mr. West is as follows:
The determination of ineligibility under INA Section 212(a)(1)(A)(iv) is made based upon the results of the panel physician's exam. Due to the prevalence of khat use in Yemen, and after consultation with the CDC and State Department Visa Office, we have instructed our panel physicians to inquire about khat use during the immigrant visa medical exam. If the applicant admits to more than a single use of khat, they are classed as a drug addict or abuser. Under current CDC guidelines, more than a single use of khat or any other controlled substance must result in a finding of drug addiction or abuse. A single use of a controlled substance is considered experimentation and is not an ineligibility.
The procedure for showing non-use of khat is the same as for any other drug. The applicant must submit to periodic examinations by a panel physician over three years. If during the three year period there is no indication of khat use, the applicant's medical condition will be downgraded to a finding of remission, a Class B condition. Once a finding of remission is made, we can proceed with visa issuance once all other documentary qualifications have been met, such as a new medical exam or police certificate.
What makes the clarification interesting is that khat chewing in Yemen is, according to some experts, a way of life and a crucial part of Yemeni celebrations such as marriages. In fact, according to one observer, not using khat in Yemen results in social isolation. Its use is apparently common among men, women and even minors.
This isn’t a criticism of the consul’s policy which makes sense given the long term effects of khat use (especially when it’s use starts at an early age); it’s just an observation. Given its widespread us in Yemen, it must be very difficult to get an immigrant visa out of Yemen.
