SillyBee

Hi all,

Hope someone will be able to help me out, preferably without any rude or judgemental comments.

In August of this year, I was convicted of drink-driving (arrested in July). I am a student, and hoping to get a 12 month work placement in the USA through my university. This would be a J1 visa, but I am just concerned as to whether the application would be accepted due to the conviction. I understand that it isn't classed as a CIMT, as it is my only arrest and conviction (of any nature) to date. Also, the maximum possible sentence was 6 months and I know they don't instantly rule people out for sentences of 12 months or less.

My main concern was how recent the offence was - I saw a post from someone else on here who said that her application was refused because she applied for the visa within 6 months of her offence, so I know not to apply until February at the very earliest. I am under a community order (or probation, if you like) until the beginning of August next year, therefore, I wouldn't leave for the States until after this time. I was just wondering how long it takes between applying for a visa and getting an appointment at the London Embassy, and how long between being approved at the Embassy and receiving the visa?

I'm also aware that I will need to be assessed by a doctor prior to my interview - is there anything I can say/do to prove to them and the visa agent that it really was just a one-off act of stupidity and not due to serious alcohol abuse or other mental health issues? I did initially wonder whether a character statement (perhaps from one of my lecturers or my 'probation officer') would be beneficial too, but a commenter from either here or another immigration forum said it could have the opposite effect, as it'll just remind the visa agent that my character is potentially at question.

What do you guys think? Do I stand a chance? I think I've covered all of the key background information, but if not, do let me know. If you can't advise me, could you perhaps refer me to a decent immigration agency or attorney that could?

Thanks in advance.

Noorah101

This part is only a week or so.

I believe others have brought a written statement from their GP, stating they are not a habitual drinker (something to that effect).

Never use an "immigration agency". Only use a qualified immigration attorney. You can look on www.ailalawyer.com to get started.

Rene

S Folinsky

<sigh>
Old discussion. First of all, DUI/DWI is not a "CIMT" as OP has correctly noted. However, the problem is that a recent alcohol related ARREST [much less a conviction] is indicia of being a substance abuser and should be referred to a panel physician for examination. Note that this is a medical ground of inadmissability.

I believe the following article is from 2008 or 2009 -- http://www.wolfsdorf.com/Stevenson%20FINAL.pdf

jxv73

From the Satte Department's Foreign Affairs Manual http://www.state.gov/documents/organization/87492.pdf

To
ensure proper evaluation, you must refer applicants to panel physicians when
they have:
(1) A single alcohol-related arrest or conviction within the last five years;
(2) Two or more drunk driving arrests or convictions in the last ten years; or
(3) If there is any other evidence to suggest an alcohol problem.


Legal consultation is probably in order.

Tsst

It would be better if you apply 12 months since the date of offense. There is no official info on this, but from what I have read in other forums, the panel physicians have to assign a class A medical condition ( physical or mental disorder with harmful behavior ) if the offense is within 12 months and that renders you medically inadmissible. It would take you another year to overcome that inadmissibility as waivers are generally not granted for medical inadmissibility.
In fact the following directive from CDC to panel physicians gives credence to this unofficial info.

http://www.cdc.gov/immigrantrefugeeh...alth-pp-ti.pdf

SillyBee

Thanks for the advice. I'm sorry if anyone thought that I was going over old ground, but I couldn't find anything that pertained to my exact situation e.g. other people were talking about tourist or marriage visas and/or their offence was much less recent.

I've decided to look for a placement closer to home, as I don't want to live in limbo for the next 6 months, especially as it seems as though the prognosis wouldn't be too good for me. I think I would have more chance in a few years from now, when I will have proven that it really was just an unfortunate 'blip'.