Failed medical due to alcohol- HELP!

[KJex 1]

Fiancé was told he failed his medical yesterday due to the fact that the Dr. felt he had a problem with alcohol based on a 2007 conviction of DUI.  He was told the exam would be sent to the embassy in London.  His interview is 3/19- is the failed medical an automatic visa rejection? I can’t find any concrete answers to my question or anyone who has been through this.  We have a lawyer who is researching but just wondering if anyone has been through this?

[Illiria 980]

Technically - Yes. America can refuse a visa if they feel he is habitual drunkard. That’s one of the questions on the adjustment of status application that comes later. Now at his interview they may allow him to present evidence he isn’t or they may just reject or they may allow him to just be rejected for a year to prove he isn’t and for those in the past with drug consumption they want to see that he complete testing in that year to show that he isn’t using. This will all hinge upon the embassy and what steps he has taken post conviction - did he complete any kind of rehabilitation, does he still drink, has he any other convictions, etc. 

[EmilyW 1,434]

Although not directly relevant (I'm a Diversity Lottery winner), the doctor who did our medicals wrote in his report for my younger son that, due to his autism, he would likely never work and was at risk of becoming a dependent of the state.  He saw my kid for 20 minutes and made that determination.  Maddening.  

 

For the the interview, I brought reports from my son's pediatrician stating the opposite, as well as cognitive assessments.  In the end, the CO yawned when he read that part of the medical report, took my reports and put it into my file, and it made no difference.  We still got approved.  And, today, my kid is hauling a 4.3 GPA and off to college in a few months, so #### that doctor.

 

I'm not sure if that helps with your situation, but I do believe bringing solid evidence helps.  Doctors are valuable, not infallible.

[Redro 4,611]

1 hour ago, KJex said:

Fiancé was told he failed his medical yesterday due to the fact that the Dr. felt he had a problem with alcohol based on a 2007 conviction of DUI.  He was told the exam would be sent to the embassy in London.  His interview is 3/19- is the failed medical an automatic visa rejection? I can’t find any concrete answers to my question or anyone who has been through this.  We have a lawyer who is researching but just wondering if anyone has been through this?

Here is a case out of UK where someone had a similar issue. 

Your partner needs to start documenting their sobriety and remain sober for at least one year. 

IF they are already sober get evidence of when the sobriety started. 

ETA You might want to consider getting married and starting the CR1/IR1 visa process if you know they will have to continue living in the UK for another 1+ year. But. speak to his doctors and start documenting he no longer has an issue with alcohol. 

 

Edited March 2 by Redro