In your opinion..

[kcmetzy 0]

Here's the deal..

Please keep in mind he was 20 when all of this happened 1999. His licensed were suspended due to excessive 24 hour suspensions (alcohol related). He was caught driving with a suspended license at a road check and had to go to court for that. He was sentenced to 10 days of electronic monitoring at home but only had to serve 7 days (?!). His licensed were returned to him but unfortunately, later in the year, he got a DUI and stayed overnight in the "drunk tank" to "sober up" and his licensed were suspended for a year. That is his criminal record.

Two questions:

1) In your opinion, would either the DUI or driving with suspended license constitute a crime of moral turpitude?

2) If yes, can we submit the waiver now, or do we need to wait until the interview?

Thank you so much in advance for your help.

[bowflex 0]

I have seen that some people on here were denied visas based on alcohol offenses, and one of them who posts in the Canada board I believe had his over 20 years ago.

My wife and I had to file an I-212 waiver for her, and we did it right off the bat when we filed the I-130, and she was also in Canada. Good luck!

[new orleans bound 0]

Here's the deal..

Please keep in mind he was 20 when all of this happened 1999. His licensed were suspended due to excessive 24 hour suspensions (alcohol related). He was caught driving with a suspended license at a road check and had to go to court for that. He was sentenced to 10 days of electronic monitoring at home but only had to serve 7 days (?!). His licensed were returned to him but unfortunately, later in the year, he got a DUI and stayed overnight in the "drunk tank" to "sober up" and his licensed were suspended for a year. That is his criminal record.

Two questions:

1) In your opinion, would either the DUI or driving with suspended license constitute a crime of moral turpitude?

2) If yes, can we submit the waiver now, or do we need to wait until the interview?

Thank you so much in advance for your help.

You might need a waiver. Not sure about that. What does his police record state? What I do know is that you will not be able to file your waiver until his interview.

[blueblue 0]

Two questions:

1) In your opinion, would either the DUI or driving with suspended license constitute a crime of moral turpitude?

Doubt it. I would be surprised if they required a waiver for this. There can be other issues though, read this: http://immigrate2us.net/forum/showthread.php?t=632

2) If yes, can we submit the waiver now, or do we need to wait until the interview?

No, you have to wait until the interview to be told you need one and are eligible to file it.

[kcmetzy 0]

Two questions:

1) In your opinion, would either the DUI or driving with suspended license constitute a crime of moral turpitude?

Doubt it. I would be surprised if they required a waiver for this. There can be other issues though, read this: http://immigrate2us.net/forum/showthread.php?t=632

2) If yes, can we submit the waiver now, or do we need to wait until the interview?

No, you have to wait until the interview to be told you need one and are eligible to file it.

Thank you, blueblue, that was very helpful.

You might not know this, but i'll ask anyway..

Is there any way to get a panel physician to evaluate him again before the interview? I would hate to get there and then be referred to a panel physician when we could have done something before the interview.

If he is referred for another evaluation, would we have to submit a waiver, or just the evidence from the physician?

He was bad when he was younger and I could see them thinking he has an alcohol problem. If they only knew!! The guy won't even gave a glass of wine with his wife! ( He hates it and hasn't drank in over 5 years!

[blueblue 0]

Based on what you've posted, I wouldn't worry too much until you have to. Keep educating yourself about the process and how it works as best you can, try to learn what possible things could go wrong so you can try to head them off, BUT no need to invent possible things to go wrong to worry about.

Ask (or search) in the Canada forum for people's recent experiences with doing the medical there, what they ask for and how involved it is. This probably will not even come up in the medical. From what I've seen, it more often is an issue in Mexico because of how the panel physicians there operate.

[kcmetzy 0]

Based on what you've posted, I wouldn't worry too much until you have to. Keep educating yourself about the process and how it works as best you can, try to learn what possible things could go wrong so you can try to head them off, BUT no need to invent possible things to go wrong to worry about.

Ask (or search) in the Canada forum for people's recent experiences with doing the medical there, what they ask for and how involved it is. This probably will not even come up in the medical. From what I've seen, it more often is an issue in Mexico because of how the panel physicians there operate.

blueblue,

He already had his medical. We were in the area (its a 5 hour drive) and decided it was best to get it done. The medical is good for one year and alcohol never came up. I am growing more and more concerned with what I read in the article you posted. Especially this paragraph: To ensure proper evaluation, you must refer applicants to panel physicians when they have a single drunk driving arrest or conviction within the last three calendar years (NO) or two or more drunk driving arrests or convictions in any time period. (NO) You also must refer cases to a panel physician if there is any other evidence to suggest an alcohol problem. (MAYBE) In my opinion, because I am extremely negative when it comes to immigration, his record would suggest an alcohol problem. He absolutely does not have an alcohol problem because he doesn't even drink anymore, what-so-ever, and hasn't for a number of years.

In the case of IV applicants, consular officers must refer the applicant back to the panel physician for additional evaluation. Physicians are evaluating for the presence of a mental disorder previously unnoticed before the physician became aware of the alcohol-related arrest.

If for some reason he is referred back to a panel physician for additional evaluation, would that mean we would have to file a waiver? Or would his visa be "pending" until the additional evaluation is addressed?

Does anyone have advice for proving at the interview that he does not have an alcohol problem? I want my husband to do anything and everything possible before the interview so that at the time of the interview, this will not affect us.

ANY ADVICE IS GREATLY APPRECIATED!

If anyone has been referred back to a panel physician for an additional evaluation, please share your process.

Thanks.

Edited October 15, 2007 by kcmetzy

[desert_fox 32]

R 072132Z JUN 07

FM SECSTATE WASHDC

TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE

RUEHTRO/AMEMBASSY TRIPOLI 3805

BT

UNCLAS STATE 079496

E.O. 12958: N/A

TAGS: CVIS, CMGT

SUBJECT: GUIDANCE ON PROCESSING VISA APPLICANTS WITH DRUNK DRIVING HITS

1. Summary: This cable clarifies how consular officers should handle cases where an applicants' criminal record shows an arrest or conviction for drunk driving or other alcohol related offence. End summary.

2. Posts generally become aware of drunk driving arrests and convictions after receiving the results of fingerprints taken when an applicant has a CLASS hit. While a drunk driving conviction is not a statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether the applicant may in fact be ineligible under Section 212(a)(1)(A)(iii). This applies to applicants who have a physical or mental disorder and demonstrate behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.

3. In the case of IV applicants, consular officers must refer the applicant back to the panel physician for additional evaluation. Physicians are evaluating for the presence of a mental disorder previously unnoticed before the physician became aware of the alcohol-related arrest. NIV applicants that have hits with evidence of an alcohol-related arrest or conviction must be referred to panel physicians for evaluation. This must be done even if the panel physician is physically located in another city.

4. After consulting with the Center for Disease Control and Prevention, we have determined that consular officers must refer applicants to panel physicians in two circumstances: (1) an applicant has a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or (2) convictions in any time period. Consular officers must also refer applicants to panel physicians if there is any other evidence to suggest an alcohol problem. Consular officers must adhere strictly to these guidelines in determining when a panel physician referral is appropriate.

5. For a finding of eligibility under Section 212(a)(1)(A)(iii), there must be two criteria established by the panel physician: (1) diagnosis of mental disorder (alcohol abuse) and (2) current harmful behavior associated with the mental disorder or a history of harmful behavior associated with the mental disorder that is judged likely to recur in the future. Consular officers should be aware that neither alcohol abuse or (DWI) drunk driving are sufficient grounds for an ineligibility finding under Section 212(a)(1)(A)(iii), a panel physician evaluation is required.

6. Section 9 FAM 40.11 N8.3 will be updated as follows:

While alcoholism constitutes a medical condition, INA 212(a)(1)(A)(iii) does not refer explicitly to alcoholics or alcoholism. Evaluation for alcohol abuse or dependence is included in the evaluation for mental and physical disorders with associated harmful behavior. An alcoholic is not ineligible to receive a visa unless there is harmful behavior associated with the disorder that has posed, or is likely to pose, a threat to the property, safety, or welfare of the alien or others. To ensure proper evaluation, you must refer applicants to panel physicians when they have a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or convictions in any time period. You also must refer cases to a panel physician if there is any other evidence to suggest an alcohol problem.

RICE

[blueblue 0]

blueblue,

He already had his medical. We were in the area (its a 5 hour drive) and decided it was best to get it done. The medical is good for one year and alcohol never came up. I am growing more and more concerned with what I read in the article you posted. Especially this paragraph: To ensure proper evaluation, you must refer applicants to panel physicians when they have a single drunk driving arrest or conviction within the last three calendar years (NO) or two or more drunk driving arrests or convictions in any time period. (NO) You also must refer cases to a panel physician if there is any other evidence to suggest an alcohol problem. (MAYBE) In my opinion, because I am extremely negative when it comes to immigration, his record would suggest an alcohol problem. He absolutely does not have an alcohol problem because he doesn't even drink anymore, what-so-ever, and hasn't for a number of years.

I would check in the Canada forum to see what other's experience has been with medical there. From what I have seen, this has become an issue so far only in Mexico.

THE CHANCE OF THIS BEING A PROBLEM FOR YOU IS VERY SMALL. We are talking about something from 8 years ago. There is a balance between trying to help you understand the things that COULD go wrong and how to avoid them without making it sound like it WOULD go wrong. I think it is good to know what pitfalls can happen so you can try to avoid them. But you may never even encounter them.

The best you can do is present your case with all the proof of your relationship and be ready to address any questions that come up. The fact that he doesn't even drink alcohol now is the first proof. The second is this DUI is 8 years old. It is not a current issue.

If he were referred to the physician again (or psychologist), he would just need to go to that visit and answer their questions and show he is not an alchoholic. He shouldn't have problem with that given the facts you have stated. Once he had satisfied them he was not, he would be sent back with that result to the embassy where they should then issue the visa.

Hopefully others who have gone thru Canada recently and had a DUI in the past can add more.

[kcmetzy 0]

blueblue,

He already had his medical. We were in the area (its a 5 hour drive) and decided it was best to get it done. The medical is good for one year and alcohol never came up. I am growing more and more concerned with what I read in the article you posted. Especially this paragraph: To ensure proper evaluation, you must refer applicants to panel physicians when they have a single drunk driving arrest or conviction within the last three calendar years (NO) or two or more drunk driving arrests or convictions in any time period. (NO) You also must refer cases to a panel physician if there is any other evidence to suggest an alcohol problem. (MAYBE) In my opinion, because I am extremely negative when it comes to immigration, his record would suggest an alcohol problem. He absolutely does not have an alcohol problem because he doesn't even drink anymore, what-so-ever, and hasn't for a number of years.

I would check in the Canada forum to see what other's experience has been with medical there. From what I have seen, this has become an issue so far only in Mexico.

THE CHANCE OF THIS BEING A PROBLEM FOR YOU IS VERY SMALL. We are talking about something from 8 years ago. There is a balance between trying to help you understand the things that COULD go wrong and how to avoid them without making it sound like it WOULD go wrong. I think it is good to know what pitfalls can happen so you can try to avoid them. But you may never even encounter them.

The best you can do is present your case with all the proof of your relationship and be ready to address any questions that come up. The fact that he doesn't even drink alcohol now is the first proof. The second is this DUI is 8 years old. It is not a current issue.

If he were referred to the physician again (or psychologist), he would just need to go to that visit and answer their questions and show he is not an alchoholic. He shouldn't have problem with that given the facts you have stated. Once he had satisfied them he was not, he would be sent back with that result to the embassy where they should then issue the visa.

Hopefully others who have gone thru Canada recently and had a DUI in the past can add more.

I know I am beating this to the grave..but thanks again for responding. Immigration makes me crazy! Good thing I am not the one immigrating, I would for sure fail the mental exam hehe

I have never felt so vulernable and at someone else's mercy in my life. I'm going to try hard and not worry about this anymore. Thanks again for everyone who posted.