Refused Visa due to past DUI & Medical

[CandyManby 6]

Just now, Mark88 said:

What did the medical exam state? That he is an alcoholic?

I'm unsure. How can I find out? I've read something about gamma something or other in the blood and was wondering if they test and base on that. So that he can not drink for a year and apply again.

[CandyManby 6]

2 minutes ago, Mark88 said:

What did the medical exam state? That he is an alcoholic?

From what I researched the refusal was based on that he may become a public charge due to alcohol dependancy shown at the medical.

[Mark88 184]

Did you try calling the doctors office and ask? Usually the medical exam results are your property and all doctors always gave my wife a full copy after the exam. This way we always knew what the CO would see in his hands.

[Mark88 184]

You are probaly one of the few cases, where help from an immigration attorney might be worth the money. Check this out:

 

http://www.dlgvisablog.com/blog/2013/12/6/the-immigration-consequences-of-alcohol-related-driving-incidents

[CandyManby 6]

3 minutes ago, Mark88 said:

Did you try calling the doctors office and ask? Usually the medical exam results are your property and all doctors always gave my wife a full copy after the exam. This way we always knew what the CO would see in his hands.

I haven't tried that but will!!! I wanna go home so bad but I need my family together he's just doing it for my sake. I need to find a way to get a successful approval. We are good people he just had one hard year 8 years ago 😔

[Mark88 184]

Just now, CandyManby said:

I haven't tried that but will!!! I wanna go home so bad but I need my family together he's just doing it for my sake. I need to find a way to get a successful approval. We are good people he just had one hard year 8 years ago 😔

 

I feel for your situation, but USCIS and the consulates don't feel. They follow laws and operational procedures which sometimes don't make any sense (for most).

 

Anyway unless you find a way to get this done fast, look might need to look the next 1-2 years in the future, that you might still be in the UK.

[CandyManby 6]

14 minutes ago, Mark88 said:

 

I feel for your situation, but USCIS and the consulates don't feel. They follow laws and operational procedures which sometimes don't make any sense (for most).

 

Anyway unless you find a way to get this done fast, look might need to look the next 1-2 years in the future, that you might still be in the UK.

I greatly appreciate your help and advice. I think I may need to bite the bullet and get a lawyer's help. I guess for now I'll contact one and concentrate on my little one on the way. Trying to find the positives at least the baby will have dual nationality if born here and nhs is a god send. I know people have worse circumstances and living conditions so I should just be grateful for health and try again in a bit. Just wish I had my mom with me through this new chapter of becoming a mother myself.

[Mark88 184]

Good luck, but this might be your only option at the moment making the best out of. And like you mentioned, it's not like your stuck in midst of somewhere with no hospital and clean water. Maybe your mom can come to the UK for while. Might be an option to consider. Just find a really GOOD immigration lawyer. You might want to consider one near your moms if she lives near a major city. This way if there are any issues, she can drive by and bring original documents (or sream at him if he screw up

[Transborderwife 4,666]

6 minutes ago, Mark88 said:

Good luck, but this might be your only option at the moment making the best out of. And like you mentioned, it's not like your stuck in midst of somewhere with no hospital and clean water. Maybe your mom can come to the UK for while. Might be an option to consider. Just find a really GOOD immigration lawyer. You might want to consider one near your moms if she lives near a major city. This way if there are any issues, she can drive by and bring original documents (or sream at him if he screw up

Definitely look up the CRBA, you may need it for baby's US citizenship.  I believe @Mark88 is very knowledgeable in this subject 

[Mark88 184]

Just now, Transborderwife said:

I believe @Mark88 is very knowledgeable in this subject 

Unfortunately I have a lot of experience...

[Transborderwife 4,666]

Just now, Mark88 said:

Unfortunately I have a lot of experience...

Fortunate for the rest of us though 

[Mark88 184]

11 minutes ago, Transborderwife said:

Fortunate for the rest of us though

 👍🏻

[Petulc 28]

Hello! 

Congratulations on the baby! 

I'm not saying that your hubby is inadmissible, I just found all this in CDC's website:

 

The Immigration and Nationality Act (INA) provides three grounds of inadmissibility related to substance addiction or abuse, or physical or mental disorders that affect behavior. They are -

Current physical or mental disorder with associated harmful behavior.Past physical or mental disorder with associated harmful behavior if the harmful behavior is likely to recur or to lead to other harmful behavior in the future.Drug (substance) abuse or addiction (medically called dependence). Dependence on or abuse of any of the substances listed in Section 202 of the Controlled Substances Act (Appendix C). (The term addiction corresponds with the medical term dependence).

 

A harmful behavior is defined as an action associated with a mental or physical disorder that is or has caused -

Serious psychological or physical injury to the applicant or to others (e.g., a suicide attempt or pedophilia)A serious threat to health or safety (e.g., driving while intoxicated or verbally threatening to kill someone)Major property damage.

 

https://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/mental-civil-technical-instructions.html

 

I just copy-pasted a very small portion of everything they explain in their website. I suggest you read it yourself and maybe it can give you and your hubby a better idea of what might be the issue.

 

Good luck!

 

 

[David & Diana R 1,005]

Something we must all remember.  Alcohol is a drug.  It is legal but it is still a drug. 

[ConOfficer 167]

I'm a little confused by your narrative, but a couple of things...

 

A DUI is not grounds for refusing a visa. Particularly one that happened 8 years ago. 

 

A consular officer cannot decide someone is an alcoholic and refuse them. That's a decision made by the panel physician. Generally when the panel physician is concerned someone has an alcohol abuse disorder (which is very rare; drug abuse is much more common), they will refer them to a psychologist to make the final decision. If they are indeed Class A for alcohol abuse, the doctor will ask them to do something - attend counseling, show abstinence etc.

 

You need to email the embassy and call the panel physician's office and ask what the next step is. "Apply again in six months" doesn't make sense. He should get his visa upon obtaining a clean medical report.