What types of controlled substance offenses are included in disqualification criteria under INA 212(a)(2)(A)(i)(II)?

Under the Immigration and Nationality Act (INA) section 212(a)(2)(A)(i)(II), the disqualification criteria specifically address offenses related to controlled substances, particularly those concerning possession and being under the influence of illegal substances. This provision is designed to evaluate individuals based on their personal involvement with controlled substances rather than broader categories of drug offenses.

Possession implies a direct engagement with illegal substances, and being under the influence further exemplifies a personal struggle with drug use, both of which can impact the safety and welfare of society. The focus of this criterion is on the individual's actions related to substances rather than the larger context of drug trafficking or manufacturing, which may have different legal consequences and implications.

Therefore, the inclusion of possession and being under the influence captures the gravity of personal involvement in drug-related activities that could adversely affect public interest and safety, aligning with the intent of the disqualification criteria to protect national security and public health.