212(a)(1)(A)(iii) - Is there any possible way around it? Please help

[cwaters_87 0]

Hi,

So, I recently applied for a B-2 visa and after waiting 6 months (and with a lot of chasing) I have been declined under 212(a)(1)(A)(iii). I didn't apply for a ESTA as I have a DR10 which I believed at the time was an automatic decline but I've since found out is not. I have no idea why I would be deemed a harmful risk and in my letter it also states that I have been declined the WAIVER as well.

I'm due to be married March 20th to an American Citizen and our Honeymoon was going to be to fly to where my partner was born and visit where he grew up - there are about 11 of us going, all his family. I did declare this in my VISA and can only thin that they are being spiteful for booking this before waiting to get my visa.

I've had family flying out to America on an ESTA who have also had a DR10 and a close friend also told me that her brother had been in prison for ABH and spent time and yet was still accepted.

I genuinely feel at breaking point because my rejected visa is not only affecting me but now also my husband to be and his family plus it's a mega upset after becoming newlyweds.

My partner is seeking professional advice but at this point in time, I feel so down I honestly don't see a light at the end of the tunnel.

If anybody has any advice (useful) then please help me because right now I feel like thier rejection is going to send me in to a mental breakdown :-(

Many thanks

- Charlotte

[sma1488 155]

I have no idea what a DR10 is, but am I reading this corectly that you applied for a tourist visa to get married in the US? Or you're going to marry in the UK and then take a trip to the US? Either way, did you provide evidence of ties to the UK?

[Boiler 45,956]

DUI

Apply for ESTA you need to tick the box you have been refused a visa and hope.

[Boiler 45,956]

Just realised that they hit you with the medical refusal, presumably this was fairly recent.

Sounds like you passed the first hurdle but for medical grounds were refused the waiver. ESTA seems the only option, just seems an OK would be unlikely.

[Merrytooth 5,748]

Maybe move the wedding to UK?

[Boiler 45,956]

Maybe move the wedding to UK?

I thought the wedding was going to be in the UK but now I am not sure.

Seems a lot of people are going on the honeymoon, odd?

[canadian_wife 1,827]

I'm confused - sorry - were you denied under the medical/mental disorder or for the DUI? If it was for the medical disorder, do you have time to reapply and provide evidence that you are not a risk to yourself or others? If it is a DUI, can you reapply showing that you have rehabilitated youself?

good luck

[Boiler 45,956]

I'm confused - sorry - were you denied under the medical/mental disorder or for the DUI? If it was for the medical disorder, do you have time to reapply and provide evidence that you are not a risk to yourself or others? If it is a DUI, can you reapply showing that you have rehabilitated youself?

good luck

Seemingly the B was approved subject to the waiver, waiver was declined on medical, alcohol abuse, reasons.

[cwaters_87 0]

No, our wedding is over here in the uk. His family arranged the holiday at the beginning of last year and we planned the wedding around that. The holiday was going to be the first time the family had been back to America since they moved back about 10 years ago so it's a massive deal.

I realise I shouldn't have booked it before the visa would have been approved but I read somewhere there are time delays and applying too soon could have caused problems.

I did the rehabilitation course and my DR10 (driving under the influence) was back in July 2010. I took the medical on NYE - stupidly but it had to be done then to be within the time frame and so I declared what my alcohol intake had been (pretty much nothing) but the GP said because on one occasion, which was my fellas bday I had had more than the limit deemed to be binge limit that i could be decline because of this.

To me, that is vicious because it's the difference of 1 or 2 glasses of wine. I drink so little now I might as well be a tee total.

I just feel completely embarrassed and let down. I could have gone the other wa and not declared and while it's a risk, I would have had a higher chance. Being declined, I feel it was inevitable that my outcome wS gonna be this because I have the DR10.

Surely providing evidence that this is just a simple holiday would be suffice but the Americans clearly don't like me for some reason?!

[cwaters_87 0]

In my medical I did also state to be clear that I had no intentions of driving in the USA and that the party included young children, meaning it is purely a family holiday and not a party holiday...

I was told that when they take my application to the board, everything is taken in to consideration. I knew America was cautious but I never realised they would be this unfair. I honestly have no idea why I would pose a risk anymore?

[cwaters_87 0]

I had my interview first and was told by my interviewer tht I would be ok. Wen my visa finally came through, the embassy didn't even stamp the envelope and it was only when I chased it after two weeks that it was sent... The letter was dated 4th feb and I received it on the 14th...

[Boiler 45,956]

Consulate decided you needed a waiver and recommeded you for one.

CDC? were the ones who said no.

Water under the bridge now.

[cwaters_87 0]

No the letter said it would normally go to the consulate where they would decide if I could go for a WAIVER but that they didn't feel this was appropriate for me and so I never had a chance.

[Boiler 45,956]

No the letter said it would normally go to the consulate where they would decide if I could go for a WAIVER but that they didn't feel this was appropriate for me and so I never had a chance.

You said it took 6 months? Which is the normal time for a waiver.

Not that it matters very much.

[mayfield 23]

I'm a bit lost, why did you apply for a b2 in the first place and not just get an esta and go with the vwp???