wilba1234

I thought I would start a new thread in here to detail my visa journey.

I have another thread in the USA forum that describes my previous visa application in more detail.

I have applied for three visas in total (all non-immigrant). L1-B visa twice and a B1/B2 visa. I was denied all three as I was arrested for DWI in Houston back in February 2011. The first L1-B was denied under section 212(a)(1)(A)(iii) which is someone who is determined to have a physical or mental disorder and behaviour associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others. I then applied for a B1/B2 visa and was denied for the same reason. Then again, denied for a L1-B accompanied with a waiver of ineligibility under the same section.

In this thread I aim to keep an account of the process in applying for a Spouse visa (CR-1) with the medical ineligibility still standing in hopes that someone else in a similar situation can find it of some use. As detailed in my previous post, I have not yet been convicted of the DWI, only arrested for it. I now have an outstanding warrant in the US and this will cause problems with obtaining the visa too.

I have hired an immigration attorney for this process and I already have a criminal attorney in the US looking after the DWI.

Right down to business. The issue of the warrant:

My immigration and criminal attorney have been speaking to each other and have agreed that the best thing to do is to speak to the judge in my case and ask to have the warrant lifted for my arrival in the US if I can obtain a visa. This is so that I will not be arrested at the POE in the US. I am still waiting to hear from my attorneys and judge if this will be possible or not.

The issue of the medical ineligibility:

My immigration attorney has requested that I attend an alcohol awareness course so that I can show the panel physician performing the medical examination that I have reformed. Also as I have not consumed any alcohol since the incident and I hope to obtain a liver function test (gamma GT) that will indicate that I do not consume alcohol. Again this is for the benefit of the panel physician as the embassy will not accept the results as the test has not been performed by their approved physician. I have also been reading through the CDC immigration requirements (http://www.cdc.gov/immigrantrefugeeh...alth-pp-ti.pdf) and have found several sections referring to a remission period (12 month). I hope to prove that I am in remission with the above evidence and the fact that the incident was over 12 months ago.

My wife and I filed the I-130 form in the US on Monday and are waiting to receive confirmation of receipt.

Any further event or information I receive I will post on this thread.

ian-mstm

It sounds like you have a good action plan and are pursuing it. Best of luck to you!

Ian

wilba1234

Thanks Ian, I'm pretty sure we're gonna need all the luck we can get.

wilba1234

Filed the I-130 in the US on October 5th

Recieved our I-797C (NOA1) on October 9th

Now just wait to see if there are any RFE's

GarethB789

Hi there

May I ask why they are insisting that you attend Alcohol Awareness programmes? Did you tell them that you feel that you drink too much or is this request directly related to your DWI?

Thanks in advance

wilba1234

It is something that my attorney has requested that I obtain to show the panel physician that I have reformed and changed my drinking habits over the last 12 months.

I was actually just reading through your post earlier. If I were you I would not mention that your doctor had mentioned that you drink too much. I had to fill out an alcohol and drug questionnaire during my medical and followed up by an interview with the panel physician. When asked how much do I usually drink I explained that I don’t drink during the week but I do on a weekend. I was then asked how much, I replied around 6 to 8 bottles of beer (budwiser). The doctor replied “that’s quite a binge”, I disagree I really don’t feel that is a big binge (compared what you see in city centres these days) but if the doctor thinks it is, this can then lead to a determination of a mental disorder/alcoholism. Binge drinking is considered as bad as (if not worse than) alcoholism by the CDC I believe.

If I were you I would play down your drinking habits to be on the safe side. If you have no prior alcohol or drug convictions or cautions you should be ok.

GarethB789

Thanks very much, that is great advice. I share the same opinion. I probably drink on average around the same as you have mentioned and I certainly do not think that is a binge. On a rare occasion me and my friends would drink 10+ pints of lager and several shots - now thats a binge. Sadly, thats the culture over here.

I will be mindful when I am answering any questions regarding this. I don't want to give false information but I'll refrain from mentioning any binge activity that happens with me every so often.

Do you know if the physician can access your gp's records? My GP seems to be typing away every single word during visits and its easy to exaggerate this issues when you are pouring your heart out to your doctor!

Thanks

wilba1234

I dont think they have direct access, but they may request it from your GP. They may also request that you bring it with you.

Like I say I really dont think you will have much trouble if you do not have any arrests, convictions or cautions relating to alcohol or drugs

GarethB789

Ok, thanks again for your help

ian-mstm

Yah... and you are forced to follow suit, right?

Ian

wilba1234

A short update to this thread.

I completed my medical on May 30th, the medical itself went fine.

During the interview with the doctor I was asked how much I drink, I replied I do not drink and have not for the last 2 and a half years. The doctor asked me why and I explained about the DWI incident in the US.

I was also asked to give a urine sample as part of a drug test.

I was not asked about the previous medicals I had attended, I did however inform the doctor that I had been for a medical before and I would like the opportunity to clear up any prior misunderstandings. She asked when it was and what the outcome was.

I told her it was the on the 21st of March 2011 and that I was given a class A status and denied a visa. The doctor replied that she had given me a class B status and that it should be ok due to the length of time it had been since the incident. She did however, say that she would need to review the previous medicals. I again, informed her that I would like the opportunity to explain any misunderstanding with the previous medicals.

I was told that they will review the medicals and drug test and let me know if there are any problems with them.

It has now been almost 3 weeks since my medical and the doctos has not contacted me to discuss any issues. I am therefore taking this as good news and I have remained Class B.

I have my interview a week on Friday. I will update this thread with the outcome.

Fingers crossed

civilservant

Why don't you do the sensible thing and call Knightsbridge to check your file was sent to the embassy?, there's always a possibility you missed their call, or someone forgot to call you. That way you;ll know for sure.

wilba1234

Well, I had my interview on Friday of last week and it was an anti-climax to say the least. I sat there for 5 hours worrying/stressing about what question they would ask me and preparing for an interrogation about the arrest/DWI.

In the end the only question that I was asked about it was if it was still an open case.

I was asked the usual questions about my wife and our marriage. I was not requested to furnish any further evidence. It really was straight forward.

That kind of leads me to believe that they have reviewed each case before hand and decide if the visa will be approved or not.

Anyway, this nightmare is finally over and I can now travel back to my family in the US.

I can’t wait to give my son and step children the biggest hug when I see them.

civilservant

Congrats Great feeling isn't it?

wilba1234

It really is, especially after 2.5 year of trying. I will never be able to make up the time I have lost with my son and family but I am gonna give it a bloody hard go. ha ha