Applying for L1 with DUI

Thread Tools
 
Old Sep 30th 2022, 6:53 pm
  #31  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Applying for L1 with DUI

On what your employer will think, YOU are the one aware of the culture in your company in relation to alcohol. Personally, it might be interesting how many, if any, of your co-workers participate in Alcoholics Anonymous. (It seems to me that the Twelve Steps come up a fair amount in UK TV shows streamed in the U.S. But I digress.)

This LINK provided above by LeagalEagleTX in regards to DUI vis a vis crime involving turpitude is a pretty good GENERAL discussion.

Over the years there have been discussions in these forums where posters complained about the medical findings of substance abuse. I recall one where a poster in E non-immigrant status had a recent DUI conviction stateside. While on a what was to be a brief trip to London he applied to renew his non-immigrant visa and was denied as a substance abuser. He was told how to escape the that classification by rehabilitation. But that would take time.

Another discussion involved refusal of an immigrant marriage visa. Outrage at those puritanical Americans! In the medical exam, he had been questioned about his drinking habits. Two pints every day after work. Also, the previous month he had gotten pissed at a wedding where had had 12 or 13 drinks. Forget US standards, that was considered quite excessive under UK standards. He was totally opposed to changing his drinking habits.


Last edited by S Folinsky; Sep 30th 2022 at 6:56 pm.
S Folinsky is offline  
Old Oct 4th 2022, 12:35 pm
  #32  
Just Joined
Thread Starter
 
Joined: Sep 2022
Posts: 15
Km88 is an unknown quantity at this point
Default Re: Applying for L1 with DUI

Originally Posted by S Folinsky
On what your employer will think, YOU are the one aware of the culture in your company in relation to alcohol. Personally, it might be interesting how many, if any, of your co-workers participate in Alcoholics Anonymous. (It seems to me that the Twelve Steps come up a fair amount in UK TV shows streamed in the U.S. But I digress.)

This LINK provided above by LeagalEagleTX in regards to DUI vis a vis crime involving turpitude is a pretty good GENERAL discussion.

Over the years there have been discussions in these forums where posters complained about the medical findings of substance abuse. I recall one where a poster in E non-immigrant status had a recent DUI conviction stateside. While on a what was to be a brief trip to London he applied to renew his non-immigrant visa and was denied as a substance abuser. He was told how to escape the that classification by rehabilitation. But that would take time.

Another discussion involved refusal of an immigrant marriage visa. Outrage at those puritanical Americans! In the medical exam, he had been questioned about his drinking habits. Two pints every day after work. Also, the previous month he had gotten pissed at a wedding where had had 12 or 13 drinks. Forget US standards, that was considered quite excessive under UK standards. He was totally opposed to changing his drinking habits.
That's interesting, I wouldn't say I am a huge drinker, despite the DUI. I am still a bit in limbo on what to do but from speaking to friends and my partner, they don't see how my employer would take something that isn't directly affecting my role and something that happened to ten years ago as a reason to dismiss me.
Km88 is offline  
Old Oct 4th 2022, 1:47 pm
  #33  
Deep in the woods of CT
 
Nutmegger's Avatar
 
Joined: Feb 2010
Posts: 7,002
Nutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond repute
Default Re: Applying for L1 with DUI

Originally Posted by Km88
That's interesting, I wouldn't say I am a huge drinker, despite the DUI. I am still a bit in limbo on what to do but from speaking to friends and my partner, they don't see how my employer would take something that isn't directly affecting my role and something that happened to ten years ago as a reason to dismiss me.
I note the use of "partner." I trust you are aware that only a spouse would qualify for a dependent visa (if they would like to accompany you to the US).
Nutmegger is offline  
Old Oct 4th 2022, 1:49 pm
  #34  
Just Joined
Thread Starter
 
Joined: Sep 2022
Posts: 15
Km88 is an unknown quantity at this point
Default Re: Applying for L1 with DUI

Originally Posted by Nutmegger
I note the use of "partner." I trust you are aware that only a spouse would qualify for a dependent visa (if they would like to accompany you to the US).
my company said they’d support his visa under me? We are planning on getting married in the spring next year
Km88 is offline  
Old Oct 4th 2022, 1:50 pm
  #35  
Deep in the woods of CT
 
Nutmegger's Avatar
 
Joined: Feb 2010
Posts: 7,002
Nutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond repute
Default Re: Applying for L1 with DUI

Originally Posted by Km88
my company said they’d support his visa under me? We are planning on getting married in the spring next year
Yes, once you are married he would be able to apply for a derivative visa.
Nutmegger is offline  
Old Oct 4th 2022, 3:33 pm
  #36  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Applying for L1 with DUI

Originally Posted by Km88
That's interesting, I wouldn't say I am a huge drinker, despite the DUI. I am still a bit in limbo on what to do but from speaking to friends and my partner, they don't see how my employer would take something that isn't directly affecting my role and something that happened to ten years ago as a reason to dismiss me.
There are several paths to problems caused in part by chemistry, alcohol consumption being just one. My past clinical depression was later found to be intimately related to a medical condition. Until to now I have not experienced any nasty or viscous treatment directed my way. The postings in this thread have been quite singular.

There are paths to atonement, forgiveness and redemption. Most people recognize that.

Good luck.
S Folinsky is offline  
Old Oct 4th 2022, 7:12 pm
  #37  
Austin. TX.
 
petitefrancaise's Avatar
 
Joined: Sep 2013
Posts: 5,930
petitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond repute
Smile Re: Applying for L1 with DUI

Originally Posted by Km88
That's interesting, I wouldn't say I am a huge drinker, despite the DUI. I am still a bit in limbo on what to do but from speaking to friends and my partner, they don't see how my employer would take something that isn't directly affecting my role and something that happened to ten years ago as a reason to dismiss me.
Had to laugh here.... what do you say when your GP asks how much you drink? My standard answer is a couple of glasses a week
petitefrancaise is offline  
Old Oct 4th 2022, 8:58 pm
  #38  
Just Joined
Thread Starter
 
Joined: Sep 2022
Posts: 15
Km88 is an unknown quantity at this point
Default Re: Applying for L1 with DUI

Originally Posted by petitefrancaise
Had to laugh here.... what do you say when your GP asks how much you drink? My standard answer is a couple of glasses a week
not quite sure what you mean but tbh I’ve not been to my gp in a long time. I’d prob say average a few glasses per week too…
Km88 is offline  
Old Oct 4th 2022, 9:34 pm
  #39  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Applying for L1 with DUI

Originally Posted by Km88
not quite sure what you mean but tbh I’ve not been to my gp in a long time. I’d prob say average a few glasses per week too…
If interested, the World Health Organization has developed an evaluation tool under the acronym AUDIT. It is used in both the US and the UK. The tests are customized to conform with local measurement (eg Imperial, US, metric). A UK “pint” counts as two drinks, not one.

I recall that long ago thread where the visa applicant disclosed “only” a couple of pints every day and that binge at a recent wedding.
S Folinsky is offline  
Old Oct 5th 2022, 12:08 am
  #40  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,391
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Applying for L1 with DUI

Originally Posted by Km88
That's interesting, I wouldn't say I am a huge drinker, despite the DUI. I am still a bit in limbo on what to do but from speaking to friends and my partner, they don't see how my employer would take something that isn't directly affecting my role and something that happened to ten years ago as a reason to dismiss me.
Personally, I don't either so I wonder why are you so worried about it. The DUI did not happen yesterday, this year or last. You have not had other infractions of this nature since that time. So, again, what is the worry?

I do know of one American fiancee whose Canadian fiancee was stopped in the US on his way to her and was given the test, failed and issued a ticket. Happened a second time. When he went to his interview in Montreal for the visa, it was discovered from his police certificate that he had several such DUI's in Canada as well. He got the visa eventually but he had to attend driving classes in the US and in Canada and submit himself to a rehab with periodic testing for 6 months before he was given the visa.

So a single DUI in your distant past doesn't seen like much to a problem.
Rete is offline  
Old Oct 5th 2022, 3:19 am
  #41  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Applying for L1 with DUI

Originally Posted by Rete
Personally, I don't either so I wonder why are you so worried about it. The DUI did not happen yesterday, this year or last. You have not had other infractions of this nature since that time. So, again, what is the worry?

I do know of one American fiancee whose Canadian fiancee was stopped in the US on his way to her and was given the test, failed and issued a ticket. Happened a second time. When he went to his interview in Montreal for the visa, it was discovered from his police certificate that he had several such DUI's in Canada as well. He got the visa eventually but he had to attend driving classes in the US and in Canada and submit himself to a rehab with periodic testing for 6 months before he was given the visa.

So a single DUI in your distant past doesn't seen like much to a problem.
Good post. You convey that the DUI is a matter of concern but that will probably work out.

I am puzzled though that group is failing to note all the steps needed to address the concerns. I know why I can’t. But I have seen the information discussed in other threads.
S Folinsky is offline  
Old Oct 5th 2022, 10:48 am
  #42  
Just Joined
 
Joined: Mar 2022
Posts: 7
Themis3528 is an unknown quantity at this point
Default Re: Applying for L1 with DUI

Originally Posted by Km88
Hello,
I work for a global company based in London and have recently been given the opportunity to relocate to the US and work from our head office which would be a dream come true, however… I have a drink driving offence from 2013 that resulted in a driving ban and fine.
since then I have travelled to the US many times under an esta and did not declare the drink driving offence - I put no in my answer. Maybe in hindsight I should have just put yes

This isn’t a “I must work in America”, just something my boss floated and and HR agreed that I’d be eligible for an L1 visa.

I have two questions-
​​​​​​— if I declare this on my L1 visa application and it gets denied, will this mean I am no longer able to travel to the US as I did not declare on esta?
-– I have not declared my driving offence to my company (it has now been spent but it wasn’t when I first joined, however this was not a question asked at any point prior to me being hired), will this likely hinder me by now declaring it? If I do declare it, will this information get passed onto senior management or stay within HR/legal?

Thanks so much for any advice given!
With an L1 visa, is a medical required? My husband just finished being screened for alcohol for 12 months for an IR-1 visa. He has a dui from 2006 and never disclosed on an esta either. The hold up on our visa was that he needed to be medically cleared before going to his embassy interview. So may not be an issue at all if you don’t need a medical.
Themis3528 is offline  
Old Oct 5th 2022, 10:50 am
  #43  
Just Joined
Thread Starter
 
Joined: Sep 2022
Posts: 15
Km88 is an unknown quantity at this point
Default Re: Applying for L1 with DUI

Originally Posted by Themis3528
With an L1 visa, is a medical required? My husband just finished being screened for alcohol for 12 months for an IR-1 visa. He has a dui from 2006 and never disclosed on an esta either. The hold up on our visa was that he needed to be medically cleared before going to his embassy interview. So may not be an issue at all if you don’t need a medical.
That’s good to know- I am not actually sure if a medical is needed. Anyone else here know?

in terms of him not declaring on his esta, was this ever brought up?
Km88 is offline  
Old Oct 5th 2022, 10:51 am
  #44  
Just Joined
Thread Starter
 
Joined: Sep 2022
Posts: 15
Km88 is an unknown quantity at this point
Default Re: Applying for L1 with DUI

Originally Posted by Rete
Personally, I don't either so I wonder why are you so worried about it. The DUI did not happen yesterday, this year or last. You have not had other infractions of this nature since that time. So, again, what is the worry?

I do know of one American fiancee whose Canadian fiancee was stopped in the US on his way to her and was given the test, failed and issued a ticket. Happened a second time. When he went to his interview in Montreal for the visa, it was discovered from his police certificate that he had several such DUI's in Canada as well. He got the visa eventually but he had to attend driving classes in the US and in Canada and submit himself to a rehab with periodic testing for 6 months before he was given the visa.

So a single DUI in your distant past doesn't seen like much to a problem.
This is true, I just enjoy being worried and stressed ha. I just like to make sure I have all the info and evaluate before I follow through
Km88 is offline  
Old Oct 5th 2022, 10:55 am
  #45  
Just Joined
 
Joined: Mar 2022
Posts: 7
Themis3528 is an unknown quantity at this point
Default Re: Applying for L1 with DUI

Originally Posted by Km88
That’s good to know- I am not actually sure if a medical is needed. Anyone else here know?

in terms of him not declaring on his esta, was this ever brought up?
No never discussed and he had his interview on Monday and is being issued with a visa. He provided them access to his acro records and wasn’t an issue until he went for his medical. He was treated the same as someone with a drug charge on their record.
Themis3528 is offline  


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.