Husband not medically cleared due to DUI 16 years ago

[Themis3528 33]

Hello all,

 

My husband is trying to get his visa from London and we were knocked back due to his DUI from 2006. The panel physician stated he needs to provide proof he has been alcohol free for 12 months before they would clear him medically. Has anyone else experienced this and we’re successful?  What proof did you provide to show the abstinence? We were blindsided by this as well as our attorney. Any help would be greatly appreciated. 
 

Thank You!

[Wuozopo 4,293]

3 hours ago, Themis3528 said:

Hello all,

 

My husband is trying to get his visa from London and we were knocked back due to his DUI from 2006. The panel physician stated he needs to provide proof he has been alcohol free for 12 months before they would clear him medically. Has anyone else experienced this and we’re successful?  What proof did you provide to show the abstinence? We were blindsided by this as well as our attorney. Any help would be greatly appreciated. 
 

Thank You!

i would email the clinic and ask them. Say you were blindsided by the decision and need to know exactly what specific proof would please them before you invest a year of time.

 

Also you might go to the interview and speak to the officer and see if they deny and if a waiver is available. A recent London person just got a waiver approved. She has not said why the denial, but you might private message her and ask if she can offer any insight or similarities to her experience.  https://www.visajourney.com/profile/329838-ann-blair/

[powerpuff 6,748]

~ Moved from IR1/CR1 Progress Reports to Process ~

[pushbrk 13,116]

On 1/27/2022 at 10:44 PM, Wuozopo said:

i would email the clinic and ask them. Say you were blindsided by the decision and need to know exactly what specific proof would please them before you invest a year of time.

 

Also you might go to the interview and speak to the officer and see if they deny and if a waiver is available. A recent London person just got a waiver approved. She has not said why the denial, but you might private message her and ask if she can offer any insight or similarities to her experience.  https://www.visajourney.com/profile/329838-ann-blair/

Yes, but bear in mind, that you cannot provide such evidence if he's still drinking.  I'm a bit baffled on this one too.  It will be interesting to see what the clinic gives as an answer.

 

Not being judgmental here.  I drink.  It's kind of a Catch 22 here.

[Themis3528 33]

7 hours ago, pushbrk said:

Yes, but bear in mind, that you cannot provide such evidence if he's still drinking.  I'm a bit baffled on this one too.  It will be interesting to see what the clinic gives as an answer.

 

Not being judgmental here.  I drink.  It's kind of a Catch 22 here.

Understood. Ironically, he stopped drinking on August 23rd on his own. It is also noted in his medical records so with any luck, they will back date the 12 month clock to at least September 1st. So he is legitimately alcohol free. It’s just proving it to their satisfaction. I’m thinking about playing offense and paying to get him hair tested every 3 months. Don’t think they could challenge that. 

[Themis3528 33]

Just wanted to provide an update in case this will help anyone else having the same requirement placed on them.  

 

We are fortunate that Visa Medicals did start my husband's 12 months to September 1st.  At the time of my posting, we didn't realize he would be required to have random blood tests.  He has attended 3 blood tests in London thus far and believe they will send for him once more before September.  Our hope is to have another full medical in the month of September then reschedule our embassy appointment.  I will post updates as they come.  

[Family 4,223]

On 1/27/2022 at 2:58 AM, Themis3528 said:

My husband is trying to get his visa from London and we were knocked back due to his DUI from 2006. The panel physician stated he needs to provide proof he has been alcohol free for 12 months before they would clear him medically

Could you find out from your  husband if at his 1st medical , the doctor asked how many drinks he had per day/week , or what questions he remembers were asked specific to consuming. 

I can’t see a 16 yr old DUI giving reason for a medical finding of dependency…unless husband was just honest and disclosed whatever was his routine.

 

In which case, it’s fair warning that what you say will be used against you , much like disclosing an experimental puff of marijuana “ back in the days” . 

[Themis3528 33]

My husband stopped drinking on his own in August of 2021 so his answer was zero.  Apparently this is a new requirement of the CDC and therefore the embassy.  Any drug or alcohol related crimes committed, no matter how far back, now requires proof of abstinence for 12 months before you can receive medical clearance.

[Family 4,223]

7 minutes ago, Themis3528 said:

My husband stopped drinking on his own in August of 2021 so his answer was zero.  Apparently this is a new requirement of the CDC and therefore the embassy.  Any drug or alcohol related crimes committed, no matter how far back, now requires proof of abstinence for 12 months before you can receive medical clearance.

Thank you . That clears it up .

[Ontarkie 14,493]

3 hours ago, Family said:

Could you find out from your  husband if at his 1st medical , the doctor asked how many drinks he had per day/week , or what questions he remembers were asked specific to consuming. 

I can’t see a 16 yr old DUI giving reason for a medical finding of dependency…unless husband was just honest and disclosed whatever was his routine.

 

In which case, it’s fair warning that what you say will be used against you , much like disclosing an experimental puff of marijuana “ back in the days” . 

Yes the DUI is enough shows that their is an alcohol problem. Same thing happened in Canada but that member had more of a fight and even needed a waiver. If I remember right his DUI was close to 20 yrs old and he didn't drink anymore either for just about as long. 

2 hours ago, Themis3528 said:

My husband stopped drinking on his own in August of 2021 so his answer was zero.  Apparently this is a new requirement of the CDC and therefore the embassy.  Any drug or alcohol related crimes committed, no matter how far back, now requires proof of abstinence for 12 months before you can receive medical clearance.

Not new it has happened in Canada also, and this was at least 13 yrs ago with a member on here. 

Glad things are moving in the right directions

[Themis3528 33]

UPDATE:  My husband has been medically cleared and our Embassy appointment is on October 3rd!! 🙂

He attended 4 random alcohol screens since January.

 

Hoping this thread will help anyone going through the same situation in the future.

Edited September 28, 2022 by Themis3528

[Themis3528 33]

My husband has been successful obtaining a visa!  Just waiting on his passport to arrive.

 

[Themis3528 33]

Eddie’s passport status changed to issued today! 🥳

[amp0101 2]

Well, now I have a new thing to worry about as my husband also had a DUI 10 years ago. I am so glad your issue has been resolved! I can only find the following information:
"Alcohol-related arrests or convictions may cause an applicant to be inadmissible to the U.S. under Section 212(a)(1)(A)(iii) of the Immigration and Nationality Act (INA). If, during the Embassy interview, it becomes known to the Consular Officer that an applicant has a history of alcohol-related arrests or convictions (such as driving under the influence or domestic violence), the Consular Officer must refer the visa applicant to a panel physician for an evaluation. The circumstances under which the Officer must refer the applicant for a substance abuse evaluation have been changed by the new guidance. Whereas in the past the referral to a panel physician was to be made if a single alcohol-related arrest or conviction occurred within the last three years, the new changes require a referral if the arrest or conviction was within the last five years. Further, under previous policy, a referral was required where two or more alcohol-related arrests or convictions occurred at any time in the past. However, the recent changes only require a referral if the two or more arrests or convictions were within the last ten years."

Does anybody have a link or other resource they could refer me to that indicates "no matter how long ago"?

[Themis3528 33]

6 hours ago, amp0101 said:

Well, now I have a new thing to worry about as my husband also had a DUI 10 years ago. I am so glad your issue has been resolved! I can only find the following information:
"Alcohol-related arrests or convictions may cause an applicant to be inadmissible to the U.S. under Section 212(a)(1)(A)(iii) of the Immigration and Nationality Act (INA). If, during the Embassy interview, it becomes known to the Consular Officer that an applicant has a history of alcohol-related arrests or convictions (such as driving under the influence or domestic violence), the Consular Officer must refer the visa applicant to a panel physician for an evaluation. The circumstances under which the Officer must refer the applicant for a substance abuse evaluation have been changed by the new guidance. Whereas in the past the referral to a panel physician was to be made if a single alcohol-related arrest or conviction occurred within the last three years, the new changes require a referral if the arrest or conviction was within the last five years. Further, under previous policy, a referral was required where two or more alcohol-related arrests or convictions occurred at any time in the past. However, the recent changes only require a referral if the two or more arrests or convictions were within the last ten years."

Does anybody have a link or other resource they could refer me to that indicates "no matter how long ago"?

Visa Medicals in London shared the presentation given to them by the CDC regarding the change. (I will post when I locate) Our attorney didn’t even know of the requirement. He has also told us that he doesn’t believe that all consulates are following the guidance so that may give you a bit of hope. Let me see if I can find it and post from my phone.