Refused Visa due to past DUI & Medical

[CandyManby 6]

My husband was recently refused an IV at the embassy in London. The CO was very pleasant but told my husband unfortunately due to the medical & DUI from 8 years ago he legally couldn't approve the visa. He did however tell my husband the exact date that his medical exam expires (August 28) and said that he can get re examed and apply again then. We have our first child on the way and both live in England at the moment. I would like to be home with my family to raise the little one so we would like to apply again as soon as possible. My question is, how long should we wait to reapply, is there something they test for at the medical exam to do with alcohol as he still have the occasional drink on the weekends? Any advice towards our situation would be greatly appreciated!

[Transborderwife 4,666]

Has he ever smoked marijuana?  DUIs are taken very seriously.  Was a waiver mentioned?

Edited April 21, 2017 by Transborderwife

[CandyManby 6]

1 minute ago, Transborderwife said:

Has he ever smoked marijuana?  DUIs are taken very seriously.  Was a waiver mentioned?

No he hasn't. And the CO didn't mention a waiver, just reapplying.

[Transborderwife 4,666]

I'm wondering if perhaps the doctor felt that he had an alcohol addiction/in need of showing rehabilitation and wanted him to have a psych evaluation, usually this would be told though in the interview.  

[CandyManby 6]

1 minute ago, Transborderwife said:

I'm wondering if perhaps the doctor felt that he had an alcohol addiction/in need of showing rehabilitation and wanted him to have a psych evaluation, usually this would be told though in the interview.  

My husband said he was nervous and the doctor who examed him was very unpleasant and from what he said seemed to have put words in his mouth about the whole ordeal and drinking. He doesn't have a problem he just likes a pint when we go on our country walks. I'm wondering if he needs to completely stop for the purpose of immigration 

[Mark88 183]

Just saying do reaply doesn't make any sense, since it will be most likely be denied again. It seems the issue is not clear: Was it becaus of a DUI, then a waiver might be the solution. If it was medical, you might need treatment first and then submit a new one.

[Transborderwife 4,666]

Just now, CandyManby said:

My husband said he was nervous and the doctor who examed him was very unpleasant and from what he said seemed to have put words in his mouth about the whole ordeal and drinking. He doesn't have a problem he just likes a pint when we go on our country walks. I'm wondering if he needs to completely stop for the purpose of immigration 

UsCIS is a whole nother animal.  They may definitely need to see abstinence for rehabilitation 

[CandyManby 6]

5 minutes ago, Transborderwife said:

UsCIS is a whole nother animal.  They may definitely need to see abstinence for rehabilitation 

Yeah that's what I told him in just wondering for how long before applying again. I'm devastated as I'm dying to have my mother close by through raising our baby

[CandyManby 6]

8 minutes ago, Mark88 said:

Just saying do reaply doesn't make any sense, since it will be most likely be denied again. It seems the issue is not clear: Was it becaus of a DUI, then a waiver might be the solution. If it was medical, you might need treatment first and then submit a new one.

It was due to something like they thought at the medical that he had alcohol dependency. It seems the co thought if he had a new exam that thought otherwise he would be okay. I'm so confused 😔 what a terrible thing to deal with while pregnant

[Transborderwife 4,666]

4 minutes ago, CandyManby said:

Yeah that's what I told him in just wondering for how long before applying again. I'm devastated as I'm dying to have my mother close by through raising our baby

Did he do a substance abuse course or counseling?  Can't hurt 

[Mark88 183]

1 hour ago, CandyManby said:

It was due to something like they thought at the medical that he had alcohol dependency. It seems the co thought if he had a new exam that thought otherwise he would be okay. I'm so confused 😔 what a terrible thing to deal with while pregnant

The CO doesn't care if you're pregnant or not, since you as the USC have the chance to go to the states whenver you want... Hard truth about the MO in in the consulates. How did the CO come to conclusion that your husband is an alcoholic? What did the CO specifically mentiion, that a reaplication would change their mind? There must have been something else, except for a DUI that is 8 years old?

[aless02 9]

Sounds really strange from everything I've read about how Knightsbridge behave and how the ConOffs give out information. What did the Dr say? what were their indicators that they were going to give an unfavorable medical recommendation?

 

AFAIK the DUI is not a usual reason for denial on its own as it's not a Crime Involving Moral Turptitude. That's the only real criminal grounds for a denial, so it must've been the medical. Very strange Knightsbridge didn't more fully discuss with your husband or even ask his GP for more info, etc.

 

Oh just had a thought...visas can be temporarily put into hold if there is an unfavorable medical (for example, a positive drug urine test). Is that what the ConOff meant by re-apply (by which they should've said, go for another medical)? Or is it a flat-down denial?

Edited April 21, 2017 by aless02

[CandyManby 6]

42 minutes ago, aless02 said:

Sounds really strange from everything I've read about how Knightsbridge behave and how the ConOffs give out information. What did the Dr say? what were their indicators that they were going to give an unfavorable medical recommendation?

 

AFAIK the DUI is not a usual reason for denial on its own as it's not a Crime Involving Moral Turptitude. That's the only real criminal grounds for a denial, so it must've been the medical. Very strange Knightsbridge didn't more fully discuss with your husband or even ask his GP for more info, etc.

 

Oh just had a thought...visas can be temporarily put into hold if there is an unfavorable medical (for example, a positive drug urine test). Is that what the ConOff meant by re-apply (by which they should've said, go for another medical)? Or is it a flat-down denial?

I did hear the officer tell him to go for another medical when his current one expires. He said it very vaguely. Like that he couldn't approve him today however if he had a more favourable medical exam he might have a better chance.  I didn't attend the medical with my husband but from what he has told me was that the doctor asked him about drinking they didn't seem impressed that he still has the occasion weekend pint

[CandyManby 6]

52 minutes ago, Mark88 said:

The CO doesn't care if you're pregnant or not, since you as the USC have the chance to go to the states whenver you want... Hard truth about the MO in in the consulates. How did the CO come to conclusion that your husband is an alcoholic? What did the CO specifically mentiion, that a reaplication would change their mind? There must have been something else, except for a DUI that is 8 years old?

He also have a caution for property damage that same year that I provided all the evidence required for a petty offence exemption however the CO only seemed focused on the DUI and what the medical exam stated

[Mark88 183]

What did the medical exam state? That he is an alcoholic?