California Immigration Lawyer Blog

Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS Sacramento field office includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.

It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tattoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association’s (“AILA”) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:

Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant’s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.

A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.