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E1 Visa Application + DUI Conviction

E1 Visa Application + DUI Conviction

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Old Aug 12th 2013, 8:33 am
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Default E1 Visa Application + DUI Conviction

Hi there

I am writing on here because I am going back and forth in my head of what I should answer in my application form (DS 160) for my E1 visa.

As a German citizen I have been living in the UK for almost 6 years and have been convicted of a DUI in 2011 (simple DUI as first time offense, no accident nor other people/passengers involved/harmed).

As my company is registered for the E-visa process in Frankfurt I will have to fly to Germany and apply for my E1 visa there.

After reading some nightmare stories of a British Expat being denied his US Visa because of a DUI conviction I am now worried that mine may be denied by the US embassy in Germany as well?

Do you think my concerns are legit? I don't want to commit immigration fraud by answering the arrest/conviction related question on the DS 160 form with a "no", although my German police certificate has no entries of any criminal record. As the DUI happend in the UK only the UK police certificate shows this criminal record.

I have also read that a conviction of a DUI automatically requires a medical exam by a authorized physician in the UK. However I don't know if the rules in Germany are as strict...

Any advise is much appreciated.

Thanks.
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Old Aug 12th 2013, 11:44 am
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Default Re: E1 Visa Application + DUI Conviction

Since this is British Expats I can't imagine there is much experiance of the German consulate, however I'd be surprised if things were that different. I don't think a DUI is really sufficently serious to get a denial (I suspect that the person you mention had other circumstances around the arrest that were aggrivsting) although you may well be asked to attend a medical to ensure that drinking is not a problem for you.

Don't EVER lit to attempt to concel anything from US Immigration, so you must must declare that conviction - lying and being discovered will probably render you permenatly inadmisable.
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Old Aug 12th 2013, 11:59 am
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Default Re: E1 Visa Application + DUI Conviction

Originally Posted by civilservant
Since this is British Expats I can't imagine there is much experiance of the German consulate, however I'd be surprised if things were that different. I don't think a DUI is really sufficently serious to get a denial (I suspect that the person you mention had other circumstances around the arrest that were aggrivsting) although you may well be asked to attend a medical to ensure that drinking is not a problem for you.

Don't EVER lit to attempt to concel anything from US Immigration, so you must must declare that conviction - lying and being discovered will probably render you permenatly inadmisable.
Thank you for your reply.

Believe me, I have googled a lot of German forums/mesage boards but couldn't find any DUI-related topics.

However - and I agree with you - the rules shouldn't be that much different as I will still have to apply at an US embassy.

I am not leaning toward lying on my application form, however I was also reading that if a misinformation/fraud is detected, then the US embassy/consulate has to prove that a Visa would have not been issued if you declared the DUI conviction in the beginning, i.e if there was no false information given in the first place.
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Old Aug 12th 2013, 1:08 pm
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Default Re: E1 Visa Application + DUI Conviction

Originally Posted by TT_04
After reading some nightmare stories of a British Expat being denied his US Visa because of a DUI conviction...
With respect, I suggest you stop reading such stories! It's bad for your health.


... I will still have to apply at an US embassy.
For future reference, you will be applying at either a US Consulate or a US Consular Service. The US Embassy has no involvement whatsoever with visas.

Ian
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Old Aug 12th 2013, 1:25 pm
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Default Re: E1 Visa Application + DUI Conviction

Originally Posted by ian-mstm
With respect, I suggest you stop reading such stories! It's bad for your health.



For future reference, you will be applying at either a US Consulate or a US Consular Service. The US Embassy has no involvement whatsoever with visas.

Ian
Thanks, Ian. You may be right. Sometimes too much googling is really not healthy.
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Old Aug 14th 2013, 6:39 am
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Default Re: E1 Visa Application + DUI Conviction

Originally Posted by civilservant
(...) although you may well be asked to attend a medical to ensure that drinking is not a problem for you.
Re medical exam:

Does anyone know a) when the US consulate would require me to have a medical (i.e. before the actual interview takes place or only when you are being interviewed at the consulate) and b) if this medical exam not only involves a blood but also a hair test?
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Old Aug 14th 2013, 9:04 am
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Default Re: E1 Visa Application + DUI Conviction

Originally Posted by TT_04
Re medical exam:

Does anyone know a) when the US consulate would require me to have a medical (i.e. before the actual interview takes place or only when you are being interviewed at the consulate) and b) if this medical exam not only involves a blood but also a hair test?
They will probably take a blood sample and test for drugs as well but the main function of the test will be to determine liver function.

Why are worried about hair being tested do you take drugs? Answer that question honestly because the second of the part that question makes it sound like you do?

Last edited by customsquestion; Aug 14th 2013 at 9:07 am.
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Old Aug 14th 2013, 10:22 am
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Default Re: E1 Visa Application + DUI Conviction

Originally Posted by customsquestion
They will probably take a blood sample and test for drugs as well but the main function of the test will be to determine liver function.

Why are worried about hair being tested do you take drugs? Answer that question honestly because the second of the part that question makes it sound like you do?
This is the first time I heard that a medical exam may include a hair test. My DUI conviction was alcohol and not drugs related.

And to answer your question in all honesty: Yes I did try a joint in the past, as most people may have done in their life. I am not a drug consumer though.
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Old Aug 14th 2013, 12:03 pm
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Default Re: E1 Visa Application + DUI Conviction

If the DUI was within the last 5 years, you will be sent to a Panel Physician in the country where you applying. This is a worldwide policy.

http://www.state.gov/documents/organization/87492.pdf

See page 2.

If you have any intent of becoming a permanent resident in the future, do not lie about this, it will come back to bite you.

Last edited by jxv73; Aug 14th 2013 at 12:06 pm.
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Old Aug 14th 2013, 12:08 pm
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Default Re: E1 Visa Application + DUI Conviction

@customsquestion:

where did you get this info that a hair (drug) test may be required?

According to the Q&A on the official US embassy website there is no hair test mentioned at all:

http://travel.state.gov/visa/immigra...t_should_the_1
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Old Aug 14th 2013, 12:18 pm
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Default Re: E1 Visa Application + DUI Conviction

Originally Posted by jxv73
If the DUI was within the last 5 years, you will be sent to a Panel Physician in the country where you applying. This is a worldwide policy.

http://www.state.gov/documents/organization/87492.pdf

See page 2.

If you have any intent of becoming a permanent resident in the future, do not lie about this, it will come back to bite you.
Thanks J, I did see this PDF document before. However it doesn't seem to be common procedure worldwide after reading some comments that some US embassies do not require a medical all the time.

However the more important question to me at the moment is:

when will I find out that I need to attend a medical? Will it be at the time when making an appointment for the interview online or only when seeing the consular officer in person, on that day? It's especially important for me as I will have to fly to Frankfurt and back to the UK in one day, making an appointment with the panel physician on short notice even more complicated.
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Old Aug 14th 2013, 1:37 pm
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Default Re: E1 Visa Application + DUI Conviction

Originally Posted by TT_04
@customsquestion:

where did you get this info that a hair (drug) test may be required?

According to the Q&A on the official US embassy website there is no hair test mentioned at all:

http://travel.state.gov/visa/immigra...t_should_the_1
I never said hair would be tested I asked why you were worried about hair being tested. You have answered that question. They will probably take a blood sample to test for liver function and yeah they may throw in a drug test on the blood sample they may not there is no way to know. They don't really reveal the medical procedures. Your GP may or may not what the embassy medical procedure will entail.
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Old Aug 14th 2013, 1:58 pm
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Default Re: E1 Visa Application + DUI Conviction

If you require a medical the ConOff will request you attend one. I highly doubt you could have one 'on the day'.
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Old Aug 14th 2013, 2:06 pm
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Default Re: E1 Visa Application + DUI Conviction

Originally Posted by TT_04
Thanks J, I did see this PDF document before. However it doesn't seem to be common procedure worldwide after reading some comments that some US embassies do not require a medical all the time.

However the more important question to me at the moment is:

when will I find out that I need to attend a medical? Will it be at the time when making an appointment for the interview online or only when seeing the consular officer in person, on that day? It's especially important for me as I will have to fly to Frankfurt and back to the UK in one day, making an appointment with the panel physician on short notice even more complicated.
Here is the Frankfurt consulate website. Looks like panel physicians in Frankfurt accept walkins: http://germany.usembassy.gov/visa/iv/step6/

http://germany.usembassy.gov/visa/fi...directions.pdf

Last edited by jxv73; Aug 14th 2013 at 2:18 pm.
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Old Aug 14th 2013, 2:41 pm
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Default Re: E1 Visa Application + DUI Conviction

Originally Posted by jxv73
Here is the Frankfurt consulate website. Looks like panel physicians in Frankfurt accept walkins: http://germany.usembassy.gov/visa/iv/step6/

http://germany.usembassy.gov/visa/fi...directions.pdf
Thank you very much again, J.

I also did see this, however the walk-in opening times are only from 7.30am to 11am every Monday, Tuesday and Thursday. So it might be a stretch to attend one if the ConOff requests one on the day, provided I arrive only in the morning of the same day.

It would really be a big help to know before the actual interview if (and when!) I need to attend a medical....

Originally Posted by customsquestion
They will probably take a blood sample to test for liver function and yeah they may throw in a drug test on the blood sample they may not there is no way to know
Fair enough. This is probably more realistic.
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