mist91

My fiancee and I are applying for a K-1 visa to be issued for myself, but there is one thing that I'm stressed and worried about. I've visited my fiancee in the US a few times using the visa waiver program each time. The visa waiver program form they hand out on the plane asks if I've been convicted or arrested for crimes of "moral turpitude". The problem lies in the fact that I have a single DUI conviction which I got in the UK, no jail terms and just a fine. If everything goes to plan with the K-1 forms etc, when it comes to the interview at the consulate and I have to show my police records, the DUI will obviously show up. What can I expect the outcome to be and will entering the US using the visa waiver program with a DUI make me ineligible to obtain the visa altogether? I was led to believe that as of now a single DUI conviction wasn't classed as a crime of moral turpitude?

fatbrit

A DUI is not a crime of moral turpitude -- so you answered the question on the I-94W correctly. Other forms you fill out for a visa will ask you whether you've ever been arrested/convicted of anything -- here you answer yes. Get the documentation from the court where you were convicted now to save time when they ask for it.

London now seems to be pushing DUI offenders along to the quack to determine whether they are alcoholics -- so make sure your blood is totally clear of the poison well before the medical.

mist91

Thank you for the swift reply and advice, sorry for posting it in the wrong forum. I haven't touched the stuff since the arrest (with some difficulty at times it has to be said but it was the kick up the arse I needed to sort myself out) and my primary mode of transport is a bicycle even though my driving ban period has passed. So I'm fairly confident my blood will be clear of that stuff when it comes to the medical!

Folinskyinla

How long ago was the arrest and conviction. The Department of State instituted a policy last year world wide that non-immigrant applicants who had any alcohol related arrest within the last three years need a medical examination to see if they are alcohol dependent or abuser. These are well defined MEDICAL terms. Actually, an "alcoholic" who never drives would have no problem.

Folinskyinla

Hi:

I like Fatbrit -- but he tends to be contrarian just for the sake of being contrary IMHO. There was a recent string regarding a E-2 denial in London for someone with a recent "wet reckless" in the US -- and the facts suggested that he drank MORE than the normal "2-3 beers" a day AND that he continued to drive.

More detail is required regarding your DUI and what you have done about it. The fact that you don't drive anymore is a good sign.

mist91

Hi, Folinskyinla.

The arrest and conviction was nearly 2 years ago in the UK. It was just a overstaye"standard" DUI, no damages to property and so on. No jail time, just a small fine for first-time offence and the (mandatory) year ban of driving licence. As for what I've done about it, I got rid of my car, stopped drinking alcohol, haven't driven since the conviction even though the ban has been lifted for almost a year. I expected questions to be asked about it at any interviews and thoroughly deserve the hard time for it for what I did and welcome any kind of medical examination they want.

Folinskyinla

Hi:

You will be referred for a medical exam for sure. You might want to consider having an opinion letter from a psychiatrist on whether you fit the definitions of abuser or dependent under the appropriate "DSM-IV" definitions before you go into the examination.

mist91

What kind of things could I expect from the medical exam? A specifically designed test to spot stuff like dependencies or abusive tendencies as well as the actual blood tests etc?

meauxna

This is a copy of the Dept of State cable to Consular posts regarding DUIs; it's a good start for you. Don't go into this unprepared (it was never a big deal until just recently)

DOS - Visa Applicants with Drunk Driving Hits

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

lofty79

You will basically be interviewed by the physician about your alcohol consumption, and asked questions/assessed with regard to your mental condition. They will also perform a liver function test by drawing blood, which will give an indication of the level of your alcohol use. It's important that the results of the liver function test corroborate what you told the physician regarding your level of consumption.

Best of luck

Tracym

I am not trying to tell you how to "beat" a test, and you say you do not drink now anyway so it should be no problem.

This liver function test is not the same as showing if there's alcohol in your blood recently, it is an indicator of how much alcohol has been consumed over the recent time period (months?).

lofty79

Where did i suggest any different?

Tracym

Didn't mean you had - I didn't mean to really specifically quote you, just give the OP some more information.

It's early yet, not enough coffee apparently.

lofty79

Nae bather

AlanR

A liver function test may be problematical if you have had a history of liver disease such as hepatitis. Sounds improbable in relation to DUI...but...
I had my medical exam. in UK in 2003 with a 1984 DUI. The woman doctor then said she'd normally have to refer me for a liver function test but the fact that I'd stopped drinking in 1991 and I'd had hepatitis meant (she said) that I'd not need to be referred. Everything else went swimingly well.
I endorse Mr. F.'s earlier comments and the link. Even before the stated times (DUI within 3 years?) , with a long out of date DUI in my case (didn't appear on my police certificate, for example), the one DUI was a potential problem and caused my (now, was fiancee then) wife and I some anxiety before the K-1 interview. Obviously I provided all the certificate of conviction stuff at the time (and subsequently for my AOS interview and N-400 application).