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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

Hello everyone!

I just found this board and I am new to this!

We are set for our interview in Mexico (Juarez) finally on June 14th!

Have a question and I am wondering if anyone else has delt with this....

My husband was arrested for a second DUI (first was just a citation 10yrs ago) right after we got our first waiver approved.

To play it safe, we reapplied for a new waiver right away and listed that this happened so it could be considered in the new approval.

Our second waiver was approved and now we have gotten to our visa appt for june.

I am wondering if this issue would be anything that would hinder getting an approval at our interview???

I know medical and possibly the interview will ask if he has ever been arrested before or has a criminal history.

Everything has been finished in relation to the offense and served 25 days of house arrest so there was no jail time or anything.

Other than that we have been upfront with the conviction and submitted the paperwork from it so they have it on file already. I just didnt know if it would still be any type of issue at the actual interview if it was forgiven in the first approval?!

Has anyone here delt with having DUI's on their record?! Especially at Ciudad Juarez?!

Please help!!!!

Thanks!

Shannon

Filed: K-1 Visa Country: Wales
Timeline
Posted

What waiver?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

I 601A?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

The I601a only applies to the illegal presence issue, the DUI's will most likely be looked at as a medical issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

ok.

so is that good or bad?

its is not a crime of moral turpatude.

if they approved everything so far and have paperwork regarding that conviction and still approved everything to the point that we are at the end and just waiting for june 14th forour interview, would it be an issue for the interview officer as well?

we have an attorney that is doing this work and directed us to reapply and doesnt seem to think we have anything to worry about. just trying to get some more advice!

Filed: K-1 Visa Country: Wales
Timeline
Posted

I do not understand why you reapplied, the DUI is not something that can be waived by a I 601a.

He goes to the interview the same way as say anybody living in Mexico with the same DUI's.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

well we reapplied because they ask you if you have been arrested or convicted of a crime on the application. the first dui doesnt matter too much because it was just a citation/traffic ticket here and it was so long ago that its not on the record anymore. our waiver was approved. THEN a month later, before we moved further with the case, mu husband made a very bad choice and got another one. In 2014. So it is a misdemeanor. Our attorney suggested to reapply so it would be included in his criminal background and so it didnt look like we lied about anything or just brought it up at the time of being down in mexico at the interview.

our attorney seems to think it wouldnt be a huge issue because it doesnt not fall under a moral turpatude crime or a crime that is punishable for more than a year in jail. and even moreso now, because they approved it again even after asking to include this crime. i also dont think it is a big enough crime to fall under something that would require a inadmisability waiver? at least from what i read it didnt sound like that was something you file for a crime like that.

it seems to be a case-by-case thing and depends on the interviewer?!

im just nervouse sending him down there and then possibly getting stuck there! hes been here for 13 years and we have a very established life here. this isnt anything recent. we have 2 kids and have been married 6 years.

Filed: K-1 Visa Country: Wales
Timeline
Posted

My understanding is that a simple DUI is not a CIMT.

But there are medical issues. Has the Lawyer discussed those with you?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

not too much. i will be talking to him about it.

we submitted so much info about it the second time around when reapplying, even a very good letter written by his counselor he went to, so it shows that he doesnt have a problem with drinking and willingly went for some counsel because he was convicted. he was convicted in 2014 and no other criminal history since or before. the first dui was listed in our paperwork but we also showed proof that its off his record and were coming on ten years from when that happened.

just trying to figure out how serious they would take this second one, even though we have gotten to this point with no issues in the process.

so nervous!!

Filed: K-3 Visa Country: Ghana
Timeline
Posted

not too much. i will be talking to him about it.

we submitted so much info about it the second time around when reapplying, even a very good letter written by his counselor he went to, so it shows that he doesnt have a problem with drinking and willingly went for some counsel because he was convicted. he was convicted in 2014 and no other criminal history since or before. the first dui was listed in our paperwork but we also showed proof that its off his record and were coming on ten years from when that happened.

just trying to figure out how serious they would take this second one, even though we have gotten to this point with no issues in the process.

so nervous!!

I don't know anything about DUI and interview and immigration side but I do hope when he gets approve, he can turn his behavior around because I do find drinking and driving very dangerous after loosing a coworker to one irresponsible drunk driver. Getting away with it always seem to encourage that behavior and innocent people like me might have to pays heavy price for someone's irresponsible act. Good luck tho.
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