Marie723

Hi everyone. Been a long time since I have been here. In fact since before I got married in June 2008.

I am looking for people who have been through this and can offer advice as we move forward.. here was my post on visa journey.... to help you see where my situation is.
__________________________________________________ __________

he had a Drunk Driving 10 years ago. The medical doctor asked him several questions regarding what he drinks now , what he drank the last time he was out etc.

We are under the impression and yes we are guessing , that this is the reason for the denial.

My husband is not an alcoholic by any strectch. But was a bit caught off guard regarding the questions he was asked.


He has never been in any other trouble in his life. He owns a business in the UK and started one here in the US which he was traveling on the B1 visa for the last few years.


when he left the interview with denial in hand. He was told he would be getting a call from the panel physician that performed the medical. And that because my husband now lives in Wales, he would be able to see a doctor closer before the doc sends some kind of paperwork back in to the Embassy and that my husband willneed to send in his pass port when that time comes.

Very sketchy information. So now we are waiting on this apparent phone call he should be receiving sometime this week.

I told my husband to call the panel doctors today and see if he could find out anything. They told him the doc was out until thursday and that she would call the Embassy tomorrow and see if she could find out anything and call my husband back.

And that is where we are now.......I am devastated and worried how long this will take

Marie723

Just so I am a little more clear....


The denial reads:


Your visa has been denied under section 212 (a) (1) (A) (3) of the immigration and Nationality Act. a waiver of the applicable ineligibility IS available. The final authority ot grant or deny a waiver rests with the Department of Homeland Security.


He was given this sheet and told that he would be receiving a call this week on what he needs to do.


Thats it. Here we are left with no answers and what will happen next. Does anyone here have that same code for denial and if so, please tell me what we are looking at for the future. Any advice would be appreciated.

swaraj

Hello Dear,

I am sorry to hear... seems as though it will take some time but everything will be fine in the end.

http://www.state.gov/documents/organization/87150.pdf

nettlebed

Look here: http://travel.state.gov/visa/frvi/in...ties_1364.html

It sounds as though the doctor has deemed him an alcoholic.
I would wait for the call to tell him what he needs to do. In the meantime, you can use Google to find that waivers are available to people ineligible under 212(a) (except for Nazis):

http://www.ilw.com/articles/2003,0930-labrie.shtm

Folinskyinla

Hi:

I have edited your post a little bit by elimination of a gratuitous statement which simply confuses matters: "My husband is not an alcoholic by any strectch." The Physician noted the old DUI and then quite properly asked about current behavior. It should be noted that you do not provide the questions which were asked.

Due to his admitted problems with alcohol, there has been an adverse medical determination. This has been discussed before on this forum. See http://britishexpats.com/forum/showt...&highlight=DSM

I am not passing judgment here. However, the thread will give you an idea of what you are dealing with. The discussion in that threat got off on the path of how ridiculous the law was -- but when it was directed towards the actual facts of the case -- the gentleman in question drank something like "at least" or "no fewer than" two pints a day or something like that. He had a fairly recent "wet reckless" and lived in an area where he continued to drive after his conviction. It was the current drinking and current driving which made him a threat to other people.

Legal and medical consultation is clearly in order here.

Good luck.

Folinskyinla

Hi:

The 212(d)(3) waiver is available only to NON-immigrants. The person with a youthful herion conviction who has been clean ever since can come as a non-immigrant -- even for repeated or long term status, but can never obtain PR status.

Folinskyinla

To the moderators:

I believe that this post would be better served by transfer to the general immigration forum. It is not a marriage based question.

sirius

I went through same process. My DUI conviction was 10 years ago and I applied for B1 visa at London.

I was sent to Panel physician where I was asked similar questions. He also did blood tests. But 3 days letter, I got email from embassy that my visa was ready to be issued and I then received 10-year multiple entry visa.

I think in your husband's case, the physician determined medical ineligibility. I would suggest to consult an immigration attorney for next steps.

BTW, I was told that London was sending most people with DUI for panel evaluation though State department guidance suggests mandatory referrals for DUI in the past 3 years.

crg

I believe it's if the applicant has had one DUI in the past 3 years or 2 DUIs ever.

Also, if I'm not mistaken, they do not issue multiple entry 212(d)(3)(A) waivers for public health grounds. If they grant it, it's for a single entry only.

gabster

THAT IS A RIDICULOUS REASON! MY HUSBAND IS GETTING HIS DENIED, AS WELL. THE ATTY TOLD US AND WE ARE WELL AWARE. HE COMMITTED A "CRIME OF MORAL TURPITUDE" 10 YEARS AGO WHICH ISN'T REALLY WHAT IT SEEMS. WE ARE PREPARING A WAIVER TO TAKE WITH US AND FILE IT THAT SAME DAY BECAUSE OF THE TIME IT TAKES. ONLY PROBLEM IS, IF IT'S DENIED, HE'S BANNED FROM THE U.S...FOREVER. SO MAKE SURE THIS IS WHAT YOU WANT. GOOD LUCK

ian-mstm

How odd... in another thread, you said "I GOT AN E-MAIL STATING THAT MY PETITION FOR MY HUSBAND HAS BEEN APPROVED".

So... which is it? And please don't shout!

Ian

crg

It's not an either or proposition. They can approve the petition, but the visa still has to be approved.

Is he trying to adjust after entering the on the Visa Waiver?


Also, if he needs a waiver for the CIMT, he was already barred from the US forever or until he gets the waiver.

gabster

Sorry Ian! Didn't realize I was shouting, hope it didn't hurt your ears.


The initial visa application was approved but will be denied, according to our atty....so we must file a waiver. Such a nightmare!! I just want to be with my husband already.

far-apart

I am sorry to hear you are having problems. Just hang in there and don't let them get to you. It is difficult but you can make it through. Everything will be alright, just do what they ask of you.