Physical or Mental Disorder and Harmful Behavior

INA 212(a)(1)(A)(iii) is a health-related ground based on a physical or mental disorder and associated harmful behavior that may threaten the person or others, or on a prior disorder with harmful behavior likely to recur or produce other harmful behavior. A diagnosis alone does not establish this ground.

No. An immigration medical Class A finding under this specific ground requires a diagnosed physical or mental disorder AND associated harmful behavior meeting the statute, or a qualifying history with a likelihood of recurrence. A diagnosis without such behavior generally is not Class A on this ground.

CDC guidance describes harmful behavior linked to the disorder that causes or has caused serious injury, a serious threat to health or safety, or major property damage. The designated physician evaluates the relationship to the condition and the likelihood of recurrence, applying CDC exclusions and clinical criteria.

Yes. An otherwise eligible immigrant or adjustment applicant can seek a discretionary INA 212(g)(3) waiver, generally on Form I-601 with detailed medical and treatment evidence. Eligible nonimmigrant visa applicants can seek a separate INA 212(d)(3)(A) waiver through the appropriate consular and DHS process. An appropriate Class B reclassification can make a waiver unnecessary.

Follow the RFE exactly and meet its deadline. Obtain the relevant Class A or Class B medical findings and consult the designated civil surgeon about needed specialist reports, treatment, or a new Form I-693. If a waiver is requested, submit the medical history, prognosis, treatment plan and supporting evidence required by USCIS.

Clause (I) concerns a present physical or mental disorder with associated behavior that may pose or has posed a threat. Clause (II) concerns a past disorder and history of associated harmful behavior that was threatening and is likely to recur or lead to other harmful behavior.

No. The medical examiner must also identify associated harmful behavior within the governing medical criteria and, for a historical condition, assess the risk of recurrence. The label of a diagnosis alone is insufficient.

Class A generally indicates a condition with associated harmful behavior that meets the inadmissibility criteria. Class B can identify a disorder without associated harmful behavior, or a documented history of harmful behavior now considered unlikely to recur. The civil surgeon or panel physician supplies the medical classification.

Sometimes. CDC guidance generally considers a physical or mental disorder controlled by effective treatment or natural history and at least 12 months since the last associated harmful behavior, subject to the designated physician’s clinical assessment and documentation. An appropriate Class B finding can remove this particular Class A barrier.

No. CDC considers both control of the underlying disorder AND time since harmful behavior, supported by records and clinical judgment. A calendar interval by itself is not a guarantee of remission or Class B classification.

It can be. Alcohol is generally treated as a non-Controlled Substances Act substance. A diagnosed alcohol use disorder with associated harmful behavior may support INA 212(a)(1)(A)(iii) inadmissibility; remission and recurrence risk must be assessed under CDC instructions.

No. A controlled-substance use disorder can trigger INA 212(a)(1)(A)(iv) without associated harmful behavior. The ordinary immigrant INA 212(g)(3) waiver for physical or mental disorder with harmful behavior does not waive separate clause (iv) inadmissibility. Nonimmigrant waiver law differs.

Yes. INA 212(g)(3) authorizes a discretionary waiver for an otherwise eligible immigrant visa or adjustment applicant found inadmissible under 212(a)(1)(A)(iii), subject to prescribed medical terms, conditions or bond. No qualifying relative and no statutory extreme hardship showing are required.

No. Unlike the communicable disease waiver under INA 212(g)(1), INA 212(g)(3) applies to any otherwise eligible person covered by the specified harmful-behavior ground. A qualifying spouse, parent or child is not a statutory prerequisite.

The medical record should include a complete history of the disorder and relevant hospitalizations or care, the current diagnosis, clinical findings, risk and prognosis, evidence of treatment and compliance, and arrangements for future treatment and monitoring in the US. USCIS may consult public health authorities and impose conditions.

No. INA 212(g)(3) does not impose the extreme-hardship-to-a-qualifying-relative standard found in certain other waivers. The applicant still must establish eligibility for the underlying immigration benefit and merit a favorable exercise of discretion.

INA 212(g)(3) does not waive a separate INA 212(a)(1)(A)(iv) controlled-substance addiction or abuse finding. It also cannot remedy independent inadmissibility grounds. If an applicant cannot satisfy the governing conditions or demonstrate eligibility and discretion, the agency may deny the requested waiver.

Yes. INA 212(d)(3)(A) can waive the harmful-behavior ground for an otherwise eligible nonimmigrant. A consular officer may recommend a waiver for DHS authorization; medical safeguards, such as an escort or treatment arrangements, may be relevant. Approval is discretionary.

No. The ordinary INA 212(d)(3)(A) nonimmigrant waiver has no qualifying-relative or extreme-hardship requirement. The applicant must otherwise qualify for the visa, including satisfying INA 214(b) when applicable, and merits are evaluated case by case.

Generally no. Consular nonimmigrant waiver requests normally proceed through a consular recommendation and DHS review. Form I-192 is used for designated direct DHS/CBP routes, not as a substitute in every consular visa case.

This particular medical ground generally does not apply unless the harmful behavior is associated with a qualifying diagnosed disorder. Other immigration grounds, including criminal inadmissibility where applicable, must be evaluated independently.

Provide the USCIS RFE, consular refusal or medical notice; all I-693 or panel physician classification information available; dates and context of alleged harmful behavior; diagnosis, treatment and hospitalization records; specialist prognosis; and relevant immigration and travel history. The physician determines the clinical classification.