Medical Waiver

[minnew 4]

Hello everyone! I have a question that has yet to be answered by searching the forums and posting this in another thread. Here is the situation.

-I attended school in the U.S on an F-1 visa from 2002-2008. In 2002 while in the U.S. on a visa without immigrant intent I was arrested and pled guilty to a Minor in Possession of Alcohol, I was 18 at the time and I am definitely not proud of it! Please no judgements, just factual information.

- Appeared in court and was sentenced to a $225 fine. Never looked back on it until now. In fact I was never questioned about it at the U.S or Canadian border until I moved back to Canada, only questioned about it at the U.S. border while continuing visits my fiance who is in the U.S. Every time they asked me about it I answered honestly and most of the time the border guards laughed about it.

- Most of what I have found on VJ and elsewhere points to this offense not being a CMTP

My question is: Is this considered a crime of moral turpitude? And will I need a waiver?

The clinic in Vancouver that will be doing the medical exam has this question listed on their instructions, and I am also wondering if the "different procedure" may affect me even though the offense was not a felony and did not have to do with (controlled substance)drug possession or traffiking? What is the different procedure? I am waiting response from the clinic to see what is meant by this as well.

10. If you’ve been convicted of an offense (including DUI), please let us know when booking your

appointment. A different procedure is required. Informing us can save you a time & expense.

What type of offense are they talking about? I am assuming it has to do with questions related to the DS-230 about drug trafficking violations and crimes of moral turpitude? Can anyone share some insight to this?

Thank you in advance.

[minnew 4]

Sorry for the double topic post!

[emt103c 10]

This link gives a thorough explanation of CIMT. It also appears to me this will be no problem for you. . .not only does it NOT appear to be a CIMT, but there is a caveat listed for one offence as a juvenile. . .

http://www.state.gov/documents/organization/86942.pdfj

You do need to list it on the DS-230, but as I said, I don't think it will be an issue.

[minnew 4]

This link gives a thorough explanation of CIMT. It also appears to me this will be no problem for you. . .not only does it NOT appear to be a CIMT, but there is a caveat listed for one offence as a juvenile. . .

http://www.state.gov/documents/organization/86942.pdfj

You do need to list it on the DS-230, but as I said, I don't think it will be an issue.

Thank you for you response emt103c. I did not think it was a CIMT either.

I am still a bit worried about the medical exam part of it though, as they were not specific as to what kind of offenses go through a "different procedure." I hope to hear from them on Monday.

[Carlawarla 1]

This link gives a thorough explanation of CIMT. It also appears to me this will be no problem for you. . .not only does it NOT appear to be a CIMT, but there is a caveat listed for one offence as a juvenile. . .

http://www.state.gov/documents/organization/86942.pdfj

You do need to list it on the DS-230, but as I said, I don't think it will be an issue.

Thank you for you response emt103c. I did not think it was a CIMT either.

I am still a bit worried about the medical exam part of it though, as they were not specific as to what kind of offenses go through a "different procedure." I hope to hear from them on Monday.

We'd appreciate it if you could get back to us on what they mean about this at the medical exam. I've never heard of a "different" one at all.

[minnew 4]

This link gives a thorough explanation of CIMT. It also appears to me this will be no problem for you. . .not only does it NOT appear to be a CIMT, but there is a caveat listed for one offence as a juvenile. . .

http://www.state.gov/documents/organization/86942.pdfj

You do need to list it on the DS-230, but as I said, I don't think it will be an issue.

Thank you for you response emt103c. I did not think it was a CIMT either.

I am still a bit worried about the medical exam part of it though, as they were not specific as to what kind of offenses go through a "different procedure." I hope to hear from them on Monday.

We'd appreciate it if you could get back to us on what they mean about this at the medical exam. I've never heard of a "different" one at all.

Well one of the first questions she asked me was..when was your DUI? I said, I have never had one. "Oh well then what was your offence" I told her what it was and what year it was. She then said oh well then you will be okay because it was not in the past 3 years, and you have not had multiple offences. She then asked me when I wanted to book my medical. I said to her that I was just assuming that the offences that require a different procedure would have been drug possession or DUI related to "moral turpitude." She basically said, "they" don't tell her anything besides the offence cannot be within the last 3 years and cannot be multiple offences. She did not say specifically what the different procedure was, only that there has been people that have had to redo their entire medical because they did not inform the clinic when booking the medical.

What makes me wonder, and I should have asked her what the different procedure was (I was just happy it did not pertain to me because I stressed about it all weekend)....is people ignoring the instructions when it says to inform the clinic about any offences or at what point did they have to add the part about informing the clinic.

[Carlawarla 1]

This link gives a thorough explanation of CIMT. It also appears to me this will be no problem for you. . .not only does it NOT appear to be a CIMT, but there is a caveat listed for one offence as a juvenile. . .

http://www.state.gov/documents/organization/86942.pdfj

You do need to list it on the DS-230, but as I said, I don't think it will be an issue.

Thank you for you response emt103c. I did not think it was a CIMT either.

I am still a bit worried about the medical exam part of it though, as they were not specific as to what kind of offenses go through a "different procedure." I hope to hear from them on Monday.

We'd appreciate it if you could get back to us on what they mean about this at the medical exam. I've never heard of a "different" one at all.

Well one of the first questions she asked me was..when was your DUI? I said, I have never had one. "Oh well then what was your offence" I told her what it was and what year it was. She then said oh well then you will be okay because it was not in the past 3 years, and you have not had multiple offences. She then asked me when I wanted to book my medical. I said to her that I was just assuming that the offences that require a different procedure would have been drug possession or DUI related to "moral turpitude." She basically said, "they" don't tell her anything besides the offence cannot be within the last 3 years and cannot be multiple offences. She did not say specifically what the different procedure was, only that there has been people that have had to redo their entire medical because they did not inform the clinic when booking the medical.

What makes me wonder, and I should have asked her what the different procedure was (I was just happy it did not pertain to me because I stressed about it all weekend)....is people ignoring the instructions when it says to inform the clinic about any offences or at what point did they have to add the part about informing the clinic.

Thanks for getting back to this thread minnew! The only thing I can think of is there are questions during the medical about your past use of drugs and alcohol. I suppose having a DUI (which I'm aware that you don't have...) would mean they would then require perhaps a referral to an alcohol/drug counselor to say perhaps that you've completed treatment or something. It probably has to do with paperwork and waivers and such.

Again, given your specific circumstances, it doesn't sound like you're going to be referred for that anyway, but I'm glad that you got back to us so that we can advise others who this may pertain to!