DS-156, Question 38

[Laura J. 0]

1) My fiance (German) had a DUI over 18 years ago. Penalty was just a monetary fine and short suspension of license.

It does not appear on his police report. The laws there are so different than in the US.

Is this considered an "offense"?

2) Normally he travels to the US on the visa waiver program (90 day max stay without visa).

In 2008 he applied for a visitors visa so he could stay in the US longer than 3 months.

(He wanted to investigate opening a business here once we get married).

It was denied for not having "strong ties" to his country (no wife, no real estate, kids are grown).

He came to the US anyway and they admitted him with the visa waiver program.

In 2009 he wanted to visit again, but this time he had to complete the ESTA form.

Because of his previous denial, he was told he had to apply for another visa.

So he applied again, this time with a letter from his employer and a letter from his bank, but he was denied again.

He thought he could still visit, but when he tried to enter the US, he was told his visa denial made him ineligible for the visa waiver program.

Why did they let him enter in 2008? Border patrol oversight is all we can figure.

So not only is he out several hundred dollars for visa fees, he has to answer "yes" that he was denied entry to the U.S.

And we've had to be apart for a very long time.

We are very nervous about these two questions.

Is there a guideline as to the "...persons who are within specific catagories defined by law as inadmissible to the U.S." ?

Any advice is appreciated - thanks.

[Otto 83]

I don't believe answering "Yes" to the (Have you ever been refused admission..) question, is necessarily what I would answer - not based on what you said nor the way I read the question. It's actually 2 questions - the first one is rather long but ends with 'by fraud or willful misrepresentation or other unlawful means?'. It doesn't sound like he willfully defrauded the US by his last entry. (Of course I don't know what he was told/given when his last visa was denied either; it might have actually had a notice in it; nor what was the official reason for denial on his last attempt to enter. .)

In the end - Being open/upfront about it isn't necessarily a bad thing or the end of the world. (I've heard much worse... )

The DUI am not certain about - I bet it is an offense but if you ordered a police certification and is shows 'No Offenses" then I'd be surprised (could be wrong 100% on that). If you answer "Yes" you might want to obtain an official copy of the court records for when they ask about it (because they very likely will).

[Stephen + Elisha 92]

DS-156 is a Department of State form used at the consulate stage - moving to Embassy and Consulate Discussion...

[Otto 83]

I asked Karin about the DUI being an 'offense' - it's possible it may not (I guess determining factors could be how hight the BAC was, if there was an accident, anyone hurt, etc.).

[Laura J. 0]

Thank you so much for your reply.

About the visa denial - it was only because he did not have "strong ties" and apparently it is standard policy to deny a visa when they suspect you have no reason to return to your home country.

You are correct in that I was reading that sentence incorrectly! I agree that his answer to that should be NO. He was not denied admission because of anything illegal - only because he was ineligible to cross the border on the visa waiver program. We even have a copy of his transcript from the border.

About the DUI - he was not excessively intoxicated; was pulled over less than one mile from home because of the license plate light being out. The judge gave him an extremely light sentence because of his previous driving record of excellence as a truck driver.

Last week he went to the Courthouse and asked for a copy of his record. He spoke with a judge and found that the record has already been destroyed due to the age of the incident.

So a collective sigh of relief!

This website is great and I really appreciate all of the information it offers.

[Otto 83]

Thank you so much for your reply.

About the visa denial - it was only because he did not have "strong ties" and apparently it is standard policy to deny a visa when they suspect you have no reason to return to your home country.

You are correct in that I was reading that sentence incorrectly! I agree that his answer to that should be NO. He was not denied admission because of anything illegal - only because he was ineligible to cross the border on the visa waiver program. We even have a copy of his transcript from the border.

About the DUI - he was not excessively intoxicated; was pulled over less than one mile from home because of the license plate light being out. The judge gave him an extremely light sentence because of his previous driving record of excellence as a truck driver.

Last week he went to the Courthouse and asked for a copy of his record. He spoke with a judge and found that the record has already been destroyed due to the age of the incident.

So a collective sigh of relief!

This website is great and I really appreciate all of the information it offers.

Good to hear..