Denied Immigration Visa - Now I-601...

[texasbantam 0]

Hi all,

Well this is my 1st post on this site, so 1st of all hello everyone on here!

My situation is this:

My wife is a USC, i am a UK Citizen, the benficiary. We filed for an IV thru the US Embassy in London.

I had my interview & medical 27 Oct. They then called me back for another "interview" 13 Nov. This was just to tell me that I was found ineligible to receive this visa as i had failed the medical as they found a raised Gamma GT level in a blood test - they carried out this blood test as I had a DUI conviction from 1991.

According to the CO i was considered to have an alcohol addiction, and was instructed to wait to speak to someone else about the I-601 Waiver.

I filled this in while I was there, and handed it back to this person, and wasn't asked to pay a fee. He said they would phone me within 6 weeks.

So my questions are:

Does anyone have previous experience of this situation ?

I didn't pay anything else when i filled in this form - i understand the fee is $575 - when would i have to pay this fee?

How long can all this take? This guy at the embassy said they may refer me to a psychiatrist for evaluation!

I would really appreciate any help on this - i've trawled this site and others too with no success for information on similar cases to mine.

Thanks to anyone who has taken the time to read this.

[daboyz 36]

Hi all,

Well this is my 1st post on this site, so 1st of all hello everyone on here!

My situation is this:

My wife is a USC, i am a UK Citizen, the benficiary. We filed for an IV thru the US Embassy in London.

I had my interview & medical 27 Oct. They then called me back for another "interview" 13 Nov. This was just to tell me that I was found ineligible to receive this visa as i had failed the medical as they found a raised Gamma GT level in a blood test - they carried out this blood test as I had a DUI conviction from 1991.

According to the CO i was considered to have an alcohol addiction, and was instructed to wait to speak to someone else about the I-601 Waiver.

I filled this in while I was there, and handed it back to this person, and wasn't asked to pay a fee. He said they would phone me within 6 weeks.

So my questions are:

Does anyone have previous experience of this situation ?

I didn't pay anything else when i filled in this form - i understand the fee is $575 - when would i have to pay this fee?

How long can all this take? This guy at the embassy said they may refer me to a psychiatrist for evaluation!

I would really appreciate any help on this - i've trawled this site and others too with no success for information on similar cases to mine.

Thanks to anyone who has taken the time to read this.

It sounds like they are saying you are ineligible due to the DWI. I don't think an elevated GGT reading is grounds for denial. I don't see anything on the medical where they can enter GGT levels.

[SunDrop 59]

Hi all,

Well this is my 1st post on this site, so 1st of all hello everyone on here!

My situation is this:

My wife is a USC, i am a UK Citizen, the benficiary. We filed for an IV thru the US Embassy in London.

I had my interview & medical 27 Oct. They then called me back for another "interview" 13 Nov. This was just to tell me that I was found ineligible to receive this visa as i had failed the medical as they found a raised Gamma GT level in a blood test - they carried out this blood test as I had a DUI conviction from 1991.

According to the CO i was considered to have an alcohol addiction, and was instructed to wait to speak to someone else about the I-601 Waiver.

I filled this in while I was there, and handed it back to this person, and wasn't asked to pay a fee. He said they would phone me within 6 weeks.

So my questions are:

Does anyone have previous experience of this situation ?

I didn't pay anything else when i filled in this form - i understand the fee is $575 - when would i have to pay this fee?

How long can all this take? This guy at the embassy said they may refer me to a psychiatrist for evaluation!

I would really appreciate any help on this - i've trawled this site and others too with no success for information on similar cases to mine.

Thanks to anyone who has taken the time to read this.

I haven't got any experience of this myself, but a quick google threw out an interesting (but unverified) fact that A raised Gamma Gt level can also be caused by smoking, obesity and diabetes. I would do a stack of research into raised gamma gt levels and approach your GP about retesting you. If you're still drinking, stop. If you smoke, quit. If you're obese, start losing.

I'm sorry to hear it though, how upsetting for you both. Keeping fingers crossed for you!

[MargotDarko 0]

What do you mean when you write that this is your first post on this site?

The real problem is your DUI. I don't understand why the DUI was not brought up when you first went in on the 27th. Did you report the DUI on all the relevant forms?

[payxibka 10,045]

There are several VJ members well versed in "waivers"... hopefully one will happen by...

[himher 634]

Yes, they consider alcohol and drug abuse to be an "addiction". A past DUI conviction is evidence of past alcohol abuse. Elevated gamma GT is possible indication that you are still abusing alcohol.

You fell under 8 USC 1182 - classes of aliens ineligible for admission

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)—

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict,

is inadmissible.

http://www4.law.cornell.edu/uscode/uscode0...82----000-.html

At worst you will be referred to and evaluated by a physician (or yes, a psychiatrist) to determine if you are eligible for a waiver.

Good luck

Hi all,

Well this is my 1st post on this site, so 1st of all hello everyone on here!

My situation is this:

My wife is a USC, i am a UK Citizen, the benficiary. We filed for an IV thru the US Embassy in London.

I had my interview & medical 27 Oct. They then called me back for another "interview" 13 Nov. This was just to tell me that I was found ineligible to receive this visa as i had failed the medical as they found a raised Gamma GT level in a blood test - they carried out this blood test as I had a DUI conviction from 1991.

According to the CO i was considered to have an alcohol addiction, and was instructed to wait to speak to someone else about the I-601 Waiver.

I filled this in while I was there, and handed it back to this person, and wasn't asked to pay a fee. He said they would phone me within 6 weeks.

So my questions are:

Does anyone have previous experience of this situation ?

I didn't pay anything else when i filled in this form - i understand the fee is $575 - when would i have to pay this fee?

How long can all this take? This guy at the embassy said they may refer me to a psychiatrist for evaluation!

I would really appreciate any help on this - i've trawled this site and others too with no success for information on similar cases to mine.

Thanks to anyone who has taken the time to read this.

[Chica Yeyé 41]

The DWI is indeed an issue; and like other posters have said. Prepare for a long battle. A fellow VJer had to wait a 3 year ban because of the same thing - and prove to the CO that he/she had remained sober for the duration of the ban. How long can it take>? Not sure; but again good luck.

[Boiler 45,537]

I have seen plenty of people immigrate with such convictions, it is the 2 things together.

There was a post on another board recently, same issue, different visa.

I guess first thing would be do you have an issue, or is it something else? If something else you might have a chance.

[texasbantam 0]

What do you mean when you write that this is your first post on this site?

The real problem is your DUI. I don't understand why the DUI was not brought up when you first went in on the 27th. Did you report the DUI on all the relevant forms?

Sorry to everyone regarding that this was my 1st post - i cut n pasted the message from my message on immigrate2us.net (which *was* my 1st post)... just forgot to take that bit out when i posted on here.

MargotDarko - i've been researching the DUI thing,. and i don't think that on it's own is enough reason for denial - although obviously with my elevated GammaGT they think i have a drink problem, which is reason enough.

I've recently found out that i can request a copy of the medical from Knightsbridge, which i'm going to do tomorrow, so i can find out what these levels actually are. I find it amazing that even though you've paid £180 for the medical they don't even give you a copy of the report!

[texasbantam 0]

Just a quick update - i've just spoken to the embassy about my case.

They have sent my medical results to CDC in the US, and their Doctor will be reviewing the case November 25th. If he disagrees with the panel physician, my visa would be approved. Alternatively, if he does agree, then i'd have to try to get assigned to a rehab clinic in the US. If its a flat out refusal for admmision, i can appeal within 33 days.

Otherwise i'd have to wait 2 years before re-applying so that i can show i'm "in remission".

Incidentally - I do not have to prove extreme hardship in this case, due to the reason for inadmissability.

[himher 634]

It's a bit naive to expect to "be assigned to a rehab clinic in the US" don't you think? If there is a process for "getting assigned to rehab in the US for immigration purposes" somewhere in the CFR I can't say that anyone I know has ever heard of it or run across it.

IF you have a DUI conviction and IF you were dumb enough to get drinky the night before your medical exam, and IF the CDC reviews your case and determines that your elevated gamma levels are (or possibly could be) due to alcohol, you will be expected to rehab in your own country until you can satisfy the consulate / embassy there that you do not have an alcohol problem, and as was posted a couple days ago meeting that requirement will likely take months to years.

News flash Tex - they have effectively denied you, but they have a burden of proof to meet before they close your file and send your case to neverland. They sent your file to the CDC expecting the CDC to CONCUR WITH not over-rule the panel physician. Hate to break it to you in such hard terms but you would do well to batten your hatches and get ready for a long uphill battle.

[Andrew&Deb 0]

Hi, I am concerned as i have my medical at the end of June. I am diabetic type2, have been for about 7 years, it is very poorly controlled and i have missed lots of appointments, not taken my metformin not deliberately i just missed them (i know you may all think i'm an idiot for saying that). I have never been hospitilized because of it or had other complications (not that i'm aware of anyway) For the past 2 months i have been good with my diet and taking medication, im just concerned now that i will fail the medical when my Dr writes a letter regarding my history....if i do fail can i appeal it once i am back on track with the management of my condition and how long would that normally take, sorry to have waffled