DUI conviction should I be worried?

[wildewood 0]

Hi all

We just got our NOA 2. I am the benficiary and intend to marry my fiancee in the US as soon as we can.

I have a DUI conviction from June 06. The incident happened in June 06 the court conviction was march 07. I will be attending the medical and interview probably within the next 2 months. I am concerned that this is a basis for being denied. I understand if it was over 3 years ago and there are no other alcohol related convictions that it should be ok. 3 years from the actual incident or the court conviction?

also I received a police caution for not having the correct train ticket, about 10 years ago. I was actually arrested (!) but received a caution.

I am unsure about what papers I need to get, do I need to call the courts concerned? Will the embassy turn me down?

Needless to say I am extremely anxious about this and any advice will be sincerlely appreciated

Thanks

[Krikit 1,164]

Welcome to VJ, Wildewood. What Embassy or Consulate are you going through? Each country and Consulate handles things differently. You may want to edit your profile to reflect your information so it's easier for us to answer your questions.

I am going to move your thread from US Embassy and Consulate Discussion to the Waiver Forum. You must assuredly will run into some speedbumps with your conviction.

Grounds of Inadmissibility

[Eli the Barrowboy 16]

You are definitely better to be prepared but it seems you are OK ... this from the link Krikit posted ...

A re-examination is required by the Department of Homeland Security when the criminal

record of an applicant for immigration benefits reveals a significant history of alcohol related

driving incidents. A significant criminal record of alcohol-related driving incidents

includes:

1. One or more arrests or convictions for alcohol-related driving (DUI/DWI) while the

driver’’s license was suspended, revoked or restricted at the time of the incident(s).

2. One or more arrests or convictions for alcohol-related driving where personal injury or

death resulted from the incident(s).

3. One or more conviction for alcohol-related driving where the conviction was a felony in

the jurisdiction where the incident occurred or where a sentence of incarceration was

actually imposed.

4. Two or more arrests or convictions for alcohol-related driving with the preceding two

years.

5. Three or more arrests or convictions for alcohol-related driving where one arrest or

conviction occurred within the preceding two years.

Only applicants with a significant criminal record of alcohol-related driving incidents that

were not considered by the civil surgeon during the original medical exam are referred for

re-examination. The re-examination would be limited to a mental status evaluation

specifically addressing the immigrant’’s record of alcohol-related driving incidents.

Now! Don't do it again!!!

[Eli the Barrowboy 16]

I should also mention I think you'll be grilled over this .. I'm just saying that in your case it's not a case that by the USCIS's own definitions would automatically exclude you ...

[wildewood 0]

I should also mention I think you'll be grilled over this .. I'm just saying that in your case it's not a case that by the USCIS's own definitions would automatically exclude you ...

yeah but according tp their own guidelines, it is one conviction and will be over 3 years old. also there isnt any other history of alcohol stuff. They can grill me all they want but it wont change facts

[SunDrop 59]

I don't have any personal experience with this, but if memory serves me right from reading on here, you might have a couple of hoops to jump through with the medical.

Have you searched the UK regional forum for similar posts?

[Usui Takumi 1,562]

I don't have any personal experience with this, but if memory serves me right from reading on here, you might have a couple of hoops to jump through with the medical.

Have you searched the UK regional forum for similar posts?

Oh yeah, someone came on here who's husband was denied because they determined he had an alcohol abuse problem during the medical and he had a dui. It was featured in the media somewhere. Basically they denied him for mental health reasons.

I think he stated he drank 20 units per week and it set the alarm bells off.

Edited February 8, 2010 by Sousuke

[Eli the Barrowboy 16]

I'm sure the original poster will not be as daft as to boast like that on the day of the medical ... I remember that too ... ouch!!!

[Eli the Barrowboy 16]

yeah but according tp their own guidelines, it is one conviction and will be over 3 years old. also there isnt any other history of alcohol stuff. They can grill me all they want but it wont change facts

Exactly ...

[karel06 0]

Lets hope your ok..

I had my interview today and I also have a DUI convition from back in 07. I got

approved for a pre-trial diversion which means it will be taken off my record after

paying more fines + community service. Everything was fine

untill the end they started asking about my dui conviction and were looking at all the papers,

also calling about it and then they said my visa is "on hold" and I have to call back in a few

days to find out if im approved or not.

[daboyz 36]

Oh yeah, someone came on here who's husband was denied because they determined he had an alcohol abuse problem during the medical and he had a dui. It was featured in the media somewhere. Basically they denied him for mental health reasons.

I think he stated he drank 20 units per week and it set the alarm bells off.

I think that was Marie620, but I can't find her user id. Maybe she deleted her account.

[Eli the Barrowboy 16]

Lets hope your ok..

I had my interview today and I also have a DUI convition from back in 07. I got

approved for a pre-trial diversion which means it will be taken off my record after

paying more fines + community service. Everything was fine

untill the end they started asking about my dui conviction and were looking at all the papers,

also calling about it and then they said my visa is "on hold" and I have to call back in a few

days to find out if im approved or not.

Karel, all the best to you man ... please keep us informed ... I'd be interested to hear what happens ...

When you say, "also calling about it", who did they call? The doctor? The Police? The court? What papers did you bring and what did they have already?

Thanks and Good Luck!

R.

[karel06 0]

Karel, all the best to you man ... please keep us informed ... I'd be interested to hear what happens ...

When you say, "also calling about it", who did they call? The doctor? The Police? The court? What papers did you bring and what did they have already?

Thanks and Good Luck!

R.

Thank you sir,

I have no clue who they called, probably something like homeland security to verify. She clearly did not

want to make a decision because she wasnt sure or something. She turned off the

speaker thing on the window and I could only watch her calling. The doctor didnt ask me anything alcohol related at all.

What I brought was the original police report, and a disposition which says the case outcome. I also

had to explain to her twice what a PTD was, and I think she still didn't quite understand. I was also first in line and at the desk

but yet I was waiting for 2hours untill they called me up again after all the people had left, very nerve wrecking.

I know it's my mistake and all but I dont understand why this has to haunt me 3 years later, I mean I have payed so much money

so far for court cost, lawyer fees, and there is more coming also community service. Also lost my license at the time for 6 months.

Atleast they held onto my passport, so all hope isn't lost just yet..

Cant wait till 2 days pass so I can call up

[wildewood 0]

Thank you sir,

I have no clue who they called, probably something like homeland security to verify. She clearly did not

want to make a decision because she wasnt sure or something. She turned off the

speaker thing on the window and I could only watch her calling. The doctor didnt ask me anything alcohol related at all.

What I brought was the original police report, and a disposition which says the case outcome. I also

had to explain to her twice what a PTD was, and I think she still didn't quite understand. I was also first in line and at the desk

but yet I was waiting for 2hours untill they called me up again after all the people had left, very nerve wrecking.

I know it's my mistake and all but I dont understand why this has to haunt me 3 years later, I mean I have payed so much money

so far for court cost, lawyer fees, and there is more coming also community service. Also lost my license at the time for 6 months.

Atleast they held onto my passport, so all hope isn't lost just yet..

Cant wait till 2 days pass so I can call up

Karol

I'm so sorry that you have experienced this. It is in effect my greatest fear. According to their own guidelines, if this was more than 3 years ago they shouldnt even really look at it. I think you should have mentioned it in the medical to give the doctor a chance to grill you. They basically need to see if the doctor thinks you have a problem and can be refused on health grounds. They may refer you back to the panel doctor who will focus on alcohol. If this was a one off and no one else was involved/hurt and it was more than 3 years ago they shoulnt have held you up.

I was feeling ok, but now I'm really uneasy.

Please keep us posted on how you get on. We're all rooting for you man.

[Eli the Barrowboy 16]

Good point wildewood,

Maybe it's because the doctor didn't talk to you about it ... I'm sure you'll be OK though and when you call tomorrow it will be all systems go!!!

R>