Husband not medically cleared due to DUI 16 years ago

[Themis3528 33]

7 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"?

This is what Visa Medicals sent to our attorney. I still think it is up to the Consulate to require the abstinence or not. Fingers crossed yours isn’t one of them. 

 

7 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"?

 

[Family 4,223]

I cannot see any FAM updates that state ANY alcohol related conviction( DUI) will result in the one year ban and requisite time of remission…and I am including both current FAM and CDC links. 

What I believe happened to @Themis3528 is simply that her husband disclosed he had “just quit “ on his own and the date he quit was less than 12 months required to show remission. So I think the FAM link to conviction within 5 years is still good…BUT if panel physician asks “ so when did you last have a drink?” and the answer is less than a year ago, the one year ban is inevitable.

 

But am guessing here…and would love if OP asks her attorney to share his research of the 2021 changes .

 

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/mental-health.html
Alcohol is not a controlled substance and, therefore, for classification purposes, an alcohol use disorder is treated like a physical or mental disorder. This means that an alcohol-use disorder must have associated harmful behavior present in order to be a Class A condition.  However, in regards to remission, alcohol use disorders are treated the same as all other substance use disorders, meaning an applicant must meet the specific criteria for remission as defined in the DSM in order to overcome a Class A designation. Specifically, the determination of remission from an alcohol use disorder should not be based on the likelihood of recurrence of past harmful behaviors, but rather a 12-month absence of behaviors that meet any DSM criteria (except craving) for a substance use disorder.

https://fam.state.gov/fam/09fam/09fam030202.html

b. (U) Referring Applicants to the Panel Physician:  To ensure proper evaluation, you must refer applicants (immigrant and nonimmigrant) to the panel physician when they have:

(1)  (U) A single alcohol related arrest or conviction within the last five years;

(2)  (U) Two or more alcohol related arrests or convictions with the last ten years; or

(3)  (U) If there is any other evidence to suggest an alcohol problem

[Themis3528 33]

10 hours ago, Family said:

I cannot see any FAM updates that state ANY alcohol related conviction( DUI) will result in the one year ban and requisite time of remission…and I am including both current FAM and CDC links. 

What I believe happened to @Themis3528 is simply that her husband disclosed he had “just quit “ on his own and the date he quit was less than 12 months required to show remission. So I think the FAM link to conviction within 5 years is still good…BUT if panel physician asks “ so when did you last have a drink?” and the answer is less than a year ago, the one year ban is inevitable.

 

But am guessing here…and would love if OP asks her attorney to share his research of the 2021 changes .

 

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/mental-health.html
Alcohol is not a controlled substance and, therefore, for classification purposes, an alcohol use disorder is treated like a physical or mental disorder. This means that an alcohol-use disorder must have associated harmful behavior present in order to be a Class A condition.  However, in regards to remission, alcohol use disorders are treated the same as all other substance use disorders, meaning an applicant must meet the specific criteria for remission as defined in the DSM in order to overcome a Class A designation. Specifically, the determination of remission from an alcohol use disorder should not be based on the likelihood of recurrence of past harmful behaviors, but rather a 12-month absence of behaviors that meet any DSM criteria (except craving) for a substance use disorder.

https://fam.state.gov/fam/09fam/09fam030202.html

b. (U) Referring Applicants to the Panel Physician:  To ensure proper evaluation, you must refer applicants (immigrant and nonimmigrant) to the panel physician when they have:

(1)  (U) A single alcohol related arrest or conviction within the last five years;

(2)  (U) Two or more alcohol related arrests or convictions with the last ten years; or

(3)  (U) If there is any other evidence to suggest an alcohol problem

Of course I wasn’t in the room during my husbands initial medical but he told me that the panel physician stated his 12 month abstinence proof was solely based on the dui. The only reason they backdated the 12 months to September is because his medical records stated he had stopped drinking in August 2021. Our attorney did go to blows with the panel physician stating it was unlawful how they were treating my husband but in the end, they weren’t going to clear him medically without the random blood tests. It’s all a big mystery! He may very well be the only one ever held to these requirements. I wasn’t able to find anyone else that has encountered the same thing.