Themis3528

Good Afternoon All,

My husband has applied for his USA IR1 spouse visa and has been knocked back due to a DUI in 2006. He needs to be alcohol free for 12 months and test 3-4 times before he will be cleared medically. Has anyone here experienced the same requirement? I am desperately looking for success stories. He stopped drinking voluntarily last August so he truly is alcohol free. Just trying to gauge what his likelihood of getting a visa will be. Thank you in advance!

Noorah101

I remember reading a couple of stories like that on here years ago. I'm pretty sure they were approved, if the poster came back to say so. Do a search.

Rene

S Folinsky

I remember a long thread on the subject over ten years ago. The US citizen wife was quite bent out of shape and as on a quite public warpath all over the internet.

At least OP acknowledges it is a medical issue. I know that the one DUI is enough for the panel physician to ask for specialized opinion. It would be interesting to see what information the intending immigrant provided to the shrink. I’m willing to speculate that the shrink was concerned enough from current information to prescribe the course of conduct to obtain clearance.

Themis3528

My husband wasn't asked to see a shrink yet. Possibly because his medical records state when he stopped drinking? We would be willing to go that route if needed though.

S Folinsky

Further along on the FWIW department, Here is the AUDIT self test from WHO on alcohol use.

PetrifiedExPat

I think a bit of a stretch to claim off topic, but, C'est la vie.

S Folinsky

As you are aware, your spouse is confronted with a medical ground of inadmissibility based upon substance abuse.

For your information, here is a link to the CDC guidelines given to the panel physicians. If you care to examine the DSM, make sure to look at DSM5 rather than DSM-IV. Family members in mental health professions tell me that the substance abuse sections had huge changes.

Inasmuch as DUI is not a crime involving moral turpitude (a legal term of art), convictions were immigration neutral. Then 30 years ago, the panel physicians at the largest visa issuing post on the planet (Cd Juarez) started nicking applicants over DUI convictions. CDJ was the only post on the planet where this was happening. Complaints started pouring into the State Department. Many assumed this was a shakedown for bribes. The panel physicians then defend themselves by noting that they are required to follow CDC guidelines. So, all the complaints ended up spreading the practice worldwide.

Themis3528

His DUI was the exact reason we retained an Immigration Attorney a year ago before starting the process. He unfortunately wasn't aware of the changes to the CDC. If we had known, our decision to move forward with the process may have changed. We feel very let down by him. We have too much invested (mentally and financially) to stop now though. If in the end, he doesn't get his visa, we will just rebuild our lives in the UK and follow different dreams as we head towards retirement.