Visa issue for 2 dui's

[Leo S.T. 1]

Has anyone had experience with a visa being denied for 2 DUI's? My husband has 2 DUI's on his record last one over 5 years ago. Not an alcoholic, no medical issue. Just bad choices on weekends. I am worried that his visa will be denied. Anybody else out there dealing with this or gone through this?   

[Leo S.T. 1]

Can two simple DUI's, last one over 5 years ago be grounds for visa denial? I have read that it is possible that the consulate could try to apply the "Crimes of Moral Turpitude" if he was driving with a suspended, revoked license. however he was not eligible to have a driver's license so therefore didn't posses one.   

[geowrian 22,337]

A DUI in itself is not a cause for a denial. However, it can be a factor for 2 other issues:

 

1) He may be required to go through a psychological evaluation to ensure he is not a risk to himself or others (i.e. that he's not abusing alcohol).

2) If the DUI involved other factors that may push it into a CIMT.

 

With regard to #2, regardless of his eligibility to obtain one, was he supposed to have a driver's license in order to be driving at all? If so, and he decided to drive without one, then it may be a CIMT and need an I-601 waiver.

[NikLR 13,231]

Which spouse has the DUI? Beneficiary or petitioner?

[Leo S.T. 1]

13 minutes ago, geowrian said:

A DUI in itself is not a cause for a denial. However, it can be a factor for 2 other issues:

 

1) He may be required to go through a psychological evaluation to ensure he is not a risk to himself or others (i.e. that he's not abusing alcohol).

2) If the DUI involved other factors that may push it into a CIMT.

 

With regard to #2, regardless of his eligibility to obtain one, was he supposed to have a driver's license in order to be driving at all? If so, and he decided to drive without one, then it may be a CIMT and need an I-601 waiver.

Thanks for your comment, I don't have concerns about the psych eval he hasn't drank alcohol for over 5 years now. I am worried that they will try to apply the CIMT because he was driving with a no valid, which is different from a suspended or revoked. I an scheduling a consult with our lawyer tomorrow, I had previously asked and he assured me it wasn't an issue since everything was completed as required by the court but with all the stuff going on with immigration I am a nervous wreck. We are awaiting our visa interview in Mexico and just want to be prepared. THANX        

13 minutes ago, NikLR said:

Which spouse has the DUI? Beneficiary or petitioner?

Beneficiary

 

[NikLR 13,231]

Thank you for clarifying.  That does make it more complicated.  Have you talked to a good immigration lawyer regarding the issue?

[geowrian 22,337]

8 minutes ago, NikLR said:

Which spouse has the DUI? Beneficiary or petitioner?

Good question. I assumed the beneficiary based on "My husband has 2 DUIs" and "I am worried that his visa will be denied", since the petitioner obviously isn't the one getting a visa.

 

3 minutes ago, Leo S.T. said:

Thanks for your comment, I don't have concerns about the psych eval he hasn't drank alcohol for over 5 years now. I am worried that they will try to apply the CIMT because he was driving with a no valid, which is different from a suspended or revoked. I an scheduling a consult with our lawyer tomorrow, I had previously asked and he assured me it wasn't an issue since everything was completed as required by the court but with all the stuff going on with immigration I am a nervous wreck. We are awaiting our visa interview in Mexico and just want to be prepared. THANX        

I understand there may be a legal difference between having no license and having a revoked or suspended one, but from a CIMT perspective I don't believe there is any such distinction since it's known to the individual that they were prohibited from driving. The BIA has made similar determinations...see Matter of Lopez-Meza, BIA 1999. Although that did involve a specific crime of an aggravated DUI under Arizona statute, the determination was that driving for any reason while knowingly prohibited from doing so while also being intoxicated  (2 separate acts that aren't CIMTs in themselves) met the requirement for being a CIMT together. Anyway, it might be something to ask about.

 

Either way, all one can do is interview and see if 1) it is determined to be a CIMT or not, and 2) apply for the waiver if available, if it is one. There's no real actionable items beforehand.

 

Best wishes.

[NikLR 13,231]

Ah well 12 hours at work and being kicked by several dogs along with other issues obviously makes for poor reading comprehension. 

Lol

[Leo S.T. 1]

8 hours ago, geowrian said:

Good question. I assumed the beneficiary based on "My husband has 2 DUIs" and "I am worried that his visa will be denied", since the petitioner obviously isn't the one getting a visa.

 

I understand there may be a legal difference between having no license and having a revoked or suspended one, but from a CIMT perspective I don't believe there is any such distinction since it's known to the individual that they were prohibited from driving. The BIA has made similar determinations...see Matter of Lopez-Meza, BIA 1999. Although that did involve a specific crime of an aggravated DUI under Arizona statute, the determination was that driving for any reason while knowingly prohibited from doing so while also being intoxicated  (2 separate acts that aren't CIMTs in themselves) met the requirement for being a CIMT together. Anyway, it might be something to ask about.

 

Either way, all one can do is interview and see if 1) it is determined to be a CIMT or not, and 2) apply for the waiver if available, if it is one. There's no real actionable items beforehand.

 

Best wishes.

Thank you for your responses, I did read Lopez-Mesa 1999 and understood as you did. I have an appointment with our lawyer on the 23rd. Hopefully he can put my mind at rest. This is been such a difficult journey with regards to the "wait and see", now that we are at the doorstep it has become more difficult.

[Leo S.T. 1]

8 hours ago, NikLR said:

Thank you for clarifying.  That does make it more complicated.  Have you talked to a good immigration lawyer regarding the issue?

Yes, we have a very good lawyer . Just my nerves as time approaches. FYI The DMV has issued him a driver's license so he can finally drive again.

[Paul & Marina 53]

Maybe you could move to mexico for safety of those who live in the US

[gabrielaN08 4]

22 hours ago, Leo S.T. said:

Has anyone had experience with a visa being denied for 2 DUI's? My husband has 2 DUI's on his record last one over 5 years ago. Not an alcoholic, no medical issue. Just bad choices on weekends. I am worried that his visa will be denied. Anybody else out there dealing with this or gone through this?   

I don't think he would be denied if he has proof that he paid those fines and honest in his interview because they will ask him if he has had any problems with the police tell him to be honest and have proof that had it token care. Also they will ask him during medical exam the same question and put it down on there notes.

Edited April 13, 2018 by gabrielaN08