DUI -- I129f beneficiary

[k34 0]

We are about to file the I129f... I am the Canadian beneficiary. I have a DUI conviction from 3 years ago (the actual offense was 4 years ago). The sentence involved a fine and a license suspension... no jail time. I am on the fence as far as whether or not it seems like a waiver will be required. If there is a decent chance that it will be required, can I go ahead and get that now so as not to hold up the process? Or is it something for which you have to receive a denial or whatever before you apply?

Are decisions on this kind of thing clear-cut or are they a judgment call at the interview? I am a very presentable professionally employed female who has my s**t together, aside from that one mistake, so is there a chance that this wont be a problem for us?

[emt103c 10]

You cannot submit the waiver until the visa interview when the Consular Officer instructs you to do so. . .it is, IMO, a screwed up system that is designed to take extra time.

[whisper2me 0]

I think your chances are good based on a SINGLE offence and that it was 4 years ago. See below:

R 072132Z JUN 07

FM SECSTATE WASHDC

TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE

RUEHTRO/AMEMBASSY TRIPOLI 3805

BT

UNCLAS STATE 079496

E.O. 12958: N/A

TAGS: CVIS, CMGT

SUBJECT: GUIDANCE ON PROCESSING VISA APPLICANTS WITH DRUNK DRIVING HITS

1. Summary: This cable clarifies how consular officers should handle cases where an applicants' criminal record shows an arrest or conviction for drunk driving or other alcohol related offence. End summary.

2. Posts generally become aware of drunk driving arrests and convictions after receiving the results of fingerprints taken when an applicant has a CLASS hit. While a drunk driving conviction is not a statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether the applicant may in fact be ineligible under Section 212(a)(1)(A)(iii). This applies to applicants who have a physical or mental disorder and demonstrate behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.

3. In the case of IV applicants, consular officers must refer the applicant back to the panel physician for additional evaluation. Physicians are evaluating for the presence of a mental disorder previously unnoticed before the physician became aware of the alcohol-related arrest. NIV applicants that have hits with evidence of an alcohol-related arrest or conviction must be referred to panel physicians for evaluation. This must be done even if the panel physician is physically located in another city.

4. After consulting with the Center for Disease Control and Prevention, we have determined that consular officers must refer applicants to panel physicians in two circumstances: (1) an applicant has a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or (2) convictions in any time period. Consular officers must also refer applicants to panel physicians if there is any other evidence to suggest an alcohol problem. Consular officers must adhere strictly to these guidelines in determining when a panel physician referral is appropriate.

5. For a finding of eligibility under Section 212(a)(1)(A)(iii), there must be two criteria established by the panel physician: (1) diagnosis of mental disorder (alcohol abuse) and (2) current harmful behavior associated with the mental disorder or a history of harmful behavior associated with the mental disorder that is judged likely to recur in the future. Consular officers should be aware that neither alcohol abuse or (DWI) drunk driving are sufficient grounds for an ineligibility finding under Section 212(a)(1)(A)(iii), a panel physician evaluation is required.

6. Section 9 FAM 40.11 N8.3 will be updated as follows:

While alcoholism constitutes a medical condition, INA 212(a)(1)(A)(iii) does not refer explicitly to alcoholics or alcoholism. Evaluation for alcohol abuse or dependence is included in the evaluation for mental and physical disorders with associated harmful behavior. An alcoholic is not ineligible to receive a visa unless there is harmful behavior associated with the disorder that has posed, or is likely to pose, a threat to the property, safety, or welfare of the alien or others. To ensure proper evaluation, you must refer applicants to panel physicians when they have a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or convictions in any time period. You also must refer cases to a panel physician if there is any other evidence to suggest an alcohol problem.

RICE

[payxibka 10,045]

You cannot submit the waiver until the visa interview when the Consular Officer instructs you to do so. . .it is, IMO, a screwed up system that is designed to take extra time.

I will take it one step further... you cannot apply for a waiver until your visa was refused at or after your consulate interview. Read up on your consulates "waiver" procedure and have it ready in your back pocket if you need it.

[Carlawarla 1]

Since you have a criminal record, you're going to need to have fingerprinting done by the RCMP. It can take 3 months to get, and will be good for a year. Whether you'll be denied a visa at your interview is questionable. You'll need to bring your court record to the interview of what took place. There is a possibility on your medical it will be asked if you have a problem with drugs and/or alcohol. As well, the Consulate could also ask about this, just to hear your response to the offence. You can prepare your waiver ahead of time so that if needed, you can submit immediately.

[k34 0]

3. In the case of IV applicants, consular officers must refer the applicant back to the panel physician for additional

After re-reading this, I have a further question: What is meant by "IV applicants"? Does anyone know? Is that a certain class of applicant that would include K1 filers? Or does this refer to something else?

If I fit the criteria that is to be referred back to the panel physician for further evaluation, I am thinking it might be sufficient if I mention this when I go for my medical and then have the toxicology testing and whatever questioning the physician would go through to determine that I don't have an addiction.

[emt103c 10]

IV=Immigrant Visa applicants. . . K1 and K3 are included because they lead to permanent residency, though technically they are NIV's (non-immigrant visas) because you have to adjust status from within the U.S. They follow Immigrant Visa rules though.

[Chica Yeyé 41]

Research your options thoroughly and be prepared to file the waiver if it is needed. We had a lovely couple from the Canada forum be DENIED a K-1 visa for alcohol related issues that happened TWENTY YEARS AGO and they have been trough bloody hell

Best of luck

[jlovesj 0]

since its about dui, i feel worried also about the two dui that my fiance got involved into long time ago. here's a summary of the situation, my fiance got arrested for dui of alcohol last 2003 he paid fine and got to jailed for overnight then by 2005 he got arrested again for the second time for dui of alcohol and this time his licensed got suspended for 5 years, then he had to pay fine then he got to jail for 3 days.

my main concern here he is my petitioner, do u think it will cause us trouble especially during my interbiew in the future cause ofcourse the embassy will do background check for the petitioner and pls help us what necessary documents we need to prepare in thhe future. thank you anyone here with same case like us.

godbless!!!

hope to hear from you soon guys!!!

[emt103c 10]

You will not have to file a 601 waiver for the USC having committed crimes.

I don't know much about IMBRA, but the directions say:

A. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

3. Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.

There is a different waiver you have to get if this is the case, but you say only twice, so things should be okay. It is always best to check with an attorney when it doubt. . .

[jlovesj 0]

You will not have to file a 601 waiver for the USC having committed crimes.

I don't know much about IMBRA, but the directions say:

A. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

3. Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.

There is a different waiver you have to get if this is the case, but you say only twice, so things should be okay. It is always best to check with an attorney when it doubt. . .

thank you for a quick reply, yeah my fiance telling me to calm down all the time regarding this matter cause he commited just two so we dont need to be bother and have read some posted here that other commited more than 3 but they got approved, im just worried because no one here would like to be deny with their visa and to go back from step, and knowing your almost there to be with your love ones and yet because u did no prepare things rightly it wil be a nightmare to hear that because you dont have sufficient documents and your lack of documents we wont be able to issue visa for you. thats the worst thing i would not like to experience in the future, so right now while waiting for our noa2 im really trying to learn and to know the things we need to prepare, its better to over prepare than to sit down and depend it to luck. thank you so far i most of the answers i gathered from this site and to other site we dont have to worry, and dont need to prepare anything, just be honest when they ask me about it. well i dont have plan of lying to them though.

thank you and godbless!!!