Lillozza

Hello there,

I would really appreciate any help on this! I was refused last week my J1 visa to work for summer with special needs kids. I have been to the same place before 2 years ago. I was convicted of drink driving in March of this year (2011) had my medical which came back fine but still refused. I was then told by the doctors that becuase it was in the 6 months that I was convicted that I was refused. So i wasted £280 for no reason! But in the letter from the embassy it says The panel physician’s report was conducted as per current guidelines from the Centers for Disease Control and Prevention. In accordance with the Foreign Affairs Manual Volume 9, Section 40.11 N11, the Embassy’s panel physician determined that you have a Class A condition, which makes you ineligible to receive a visa under Section 212(a)(1)(iii) of the U.S. Immigration and Nationality Act.

Does this refusal mean I can never get a J1 visa ever again or even visit the USA again? I was told by the Consilar office in London that to apply for any type of travel in the USA I needed to apply for a waiver of ineligibility. How long does these last for and would I need to apply for a visa EVERY time I want to go the USA for the rest of my life?

Would I not be allowed to work in the USA again? Its all so confusing!

Thank you X

S Folinsky

No, it is not a lifetime bar. There has been a medical determination that you are a substance abuser in line with "CDC" guidelines. Take care of the underlying problem of susbstance abuse and you will be fine.

This has been discussed several times previously.

As an aside, the two topics on BE that appear to me to generate the most heat are firearms in the US and visa refusals to Brits who have had problems with alcohol.

Lillozza

Thank you for getting back to me. I don't have an alcohol problem and the blood tests proved this. Just a stupid mistake! As this isnt a lifetime ban from USA what lead times am I looking at to be ok to enter the USA as normal? If ever?

The waiver of ineligibility - how does that work?

Thank you X

ian-mstm

You paid to have a J-1 visa application processed. The result wasn't what you wanted, but it was processed.


No.


No.


You are currently ineligible because of your alcohol abuse - something, I might add, that the US takes very seriously. Therefore, you need to apply for a waiver of that ineligibility.


A year, I believe.


At some point in time, you'll likely become eligible again to travel on the VWP - as a tourist, not to work. You must, however... and from this point forward, declare that you have had a visa denial.


No. Give it some time... say, another year.

That all said, you'll never know what'll happen until you try.

Ian

crg

Here is the ground of inadmissibility:

http://www.uscis.gov/ilink/docView/A...0-0-17255.html

"Section 212(a)(1)(A)(iii) of the Act applies to individuals who have a physical or mental disorder and harmful behavior associated with that disorder. This ground is further divided into two subcategories:


· Current physical or mental disorders, with harmful behavior associated with that disorder


· Past physical or mental disorders, with associated harmful behavior that is likely to recur or lead to other harmful behavior.


Harmful behavior is defined as behavior that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.


Mental retardation no longer renders an applicant inadmissible on medical grounds, unless the civil surgeon or panel physician determines that the applicant is also exhibiting, or has exhibited, associated harmful behavior."

It's the harmful behavior and potential danger to others that did you in.

I don't believe there is such a thing as a multiple entry waiver for this and even a single entry waiver is practically unheard of. You will likely need to be in remission from this behavior for a period of time, reapply and see the doctor again.

Travel on the VWP would be perilous and ill advised. You have been found to be inadmissible to the US and VWP applicants are subject to the same inadmissibility grounds as a J-1. If you consider attempting to use the VWP in the future, you must disclose the visa denial on the ESTA and read the other questions very carefully.

S Folinsky

Sigh. You have a conviction. You have a visa denial. Both alcohol related. You do have a problem.

Also, the sentence "Just a stupid mistake" is not going to earn you any points.

I am not passing any moral judgement. As I said in my previous post, this topic generates a lot of heat.

You may want to take a look at this link. Here is another link on the subject.

Kilty

Can I ask which physician conducted your medical?

Lillozza

I had the use the only doctors the Embassy recommended. They are called The Knightsbridge doctors, they do all of the American embassy medicals for visas. This is their site, http://www.knightsbridge-doctors.com. X

mshedden

>> I was then told by the doctors that becuase it was in the 6 months that
>> I was convicted that I was refused.

So the denial was mandatory within 6 months of the conviction, even if you hadn't had a drink since? I guess rules is rules. However, I think it is a bit much to label you as a 'substance abuser with an alcohol problem' as some seem wont to do under the circumstances.

(You may also have been to church often, but that doesn't necessarily mean you're a preacher).

crg

If the denial was mandatory within six months of the conviction, why would they send the person to a doctor? Surely, the consular official didn't need a doctor to read a court record and a calendar for them.

mshedden

> If the denial was mandatory within six months of the conviction, why would
> they send the person to a doctor? Surely, the consular official didn't need a
> doctor to read a court record and a calendar for them.

Merely re-iterating what the OP stated the doctors appear to have told him. Perhaps he is considered to be a 'current abuser' due to the proximity to the offense, regardless of any medical tests (he said his was clean), and perhaps legally only a doctor can make that determination (current abuser), but 100% of doctors would do so, following current US guidelines? - ie mandatory).

Alternatively, did anyone ever get a DUI, and the next week get tested 'clean' and have their application go through no problem? Probably not...