F2A application with DUI record

[dayfly12345 1]

Hi all,

 

I am currently in the green card application process and I had my interview in my home country on 5/13.

 

I am embarrassed that I had a DUI record in US in 2015, I had finished the community service, courses and paid the fine before leaving US in 2016.

 

During the interview process, the officer who interviewed me said that the DUI case is ok, physical exam (including diagnosis of an alcohol problem) is ok too. He returned me my passport and asked me to wait for the notice.

 

I received a phone call from the embassy this Monday (6/3/2019), they told me that they could not execute the "approval" operation in the system because of my DUI record, they had asked the bureau in US to clear that record then they could approve my visa. (I checked the ceac system it shows "Ready" status.)

 

Please execuse the inaccuracy of language, I translate the conversation to English myself. I am not sure if this is the normal process? Does anyone have the similar experience? About how long it is going to take?

 

Thank you for any kind suggestions or sharing experience. 

[debbiedoo 2,339]

i cant speak specifically to your type of visa, but a k1 or cr1 at least, a DUI is not an offense that will create any issues. my husband had a dui in 2015. as long as you completed the sentencing and paid any fines (Whatever the case may be), i wouldnt think there would be any issue

[Jeanne Adil 1,651]

Without knowing what state you got the DUI, it is impossible to help you with any questions

 

i was surprised to find out when i went for my criminal report to take to Morocco to marry,  that a 10 year old speeding ticket was still showing

i asked the clerk when it would come off and she said never

 

so,  are you thinking it will be expunged because you did the community service or waiting for the state to show you did the community service?

as i don't think your record would be cleared / DUI and alcohol problems are pretty serious here (in any state)

 

it may be helpful to hire a US lawyer and try to get this expunged if possible

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[dayfly12345 1]

 

2 hours ago, debbiedoo said:

i cant speak specifically to your type of visa, but a k1 or cr1 at least, a DUI is not an offense that will create any issues. my husband had a dui in 2015. as long as you completed the sentencing and paid any fines (Whatever the case may be), i wouldnt think there would be any issue

 

Hi Debbie,

 

Thank you for sharing your experience, glad to hear that your husband received at the end.

[dayfly12345 1]

57 minutes ago, adil-rafa said:

Without knowing what state you got the DUI, it is impossible to help you with any questions

 

i was surprised to find out when i went for my criminal report to take to Morocco to marry,  that a 10 year old speeding ticket was still showing

i asked the clerk when it would come off and she said never

 

so,  are you thinking it will be expunged because you did the community service or waiting for the state to show you did the community service?

as i don't think your record would be cleared / DUI and alcohol problems are pretty serious here (in any state)
 

it may be helpful to hire a US lawyer and try to get this expunged if possible

 

 

Hi adil-rafa,

 

Thank you for sharing me your experience.

 

It was a simple DUI in California, I am not expecting the DUI record to be expunged. The staff from the Embassy told me they need to remove/clear the record (this was what she said in our language), I believe she did not mean to expunge the record, sounds like there is an action need to be done by them which I am curious how long it is gonna take.

 

[SusieQQQ 11,584]

6 hours ago, dayfly12345 said:

 

 

During the interview process, the officer who interviewed me said that the DUI case is ok, physical exam (including diagnosis of an alcohol problem) is ok too. He returned me my passport and asked me to wait for the notice.

 

Can you clarify whether this just means they checked for an alcohol problem, or whether they actually diagnosed that you had one? If the latter, has it been addressed? Alcohol dependency can be an inadmissibility.  (Alcohol abuse by itself is not inadmissible but it can be If associated with harmful behavior or actual or potential harm to others, and a DUI falls under that definition.)

[Jeanne Adil 1,651]

40 minutes ago, dayfly12345 said:

Hi adil-rafa,

 

Thank you for sharing me your experience.

 

It was a simple DUI in California, I am not expecting the DUI record to be expunged. The staff from the Embassy told me they need to remove/clear the record (this was what she said in our language), I believe she did not mean to expunge the record, sounds like there is an action need to be done by them which I am curious how long it is gonna take.

 

they can not remove the record 

only a court order to have it expunged would remove it

and SusieQQQ asks an important question that you need to address

[dayfly12345 1]

1 hour ago, SusieQQQ said:

Can you clarify whether this just means they checked for an alcohol problem, or whether they actually diagnosed that you had one? If the latter, has it been addressed? Alcohol dependency can be an inadmissibility.  (Alcohol abuse by itself is not inadmissible but it can be If associated with harmful behavior or actual or potential harm to others, and a DUI falls under that definition.)

Hi SusieQQQ,

 

Thank you for responding me and sorry for the confusion.

 

They checked the alcohol abuse problem and the assessment showed that there is no alcohol abuse problem.

 

 

Edited June 9, 2019 by dayfly12345
provide more information.

[dayfly12345 1]

18 minutes ago, adil-rafa said:

they can not remove the record 

only a court order to have it expunged would remove it

and SusieQQQ asks an important question that you need to address

Hi Adil-rafa,

 

Yes, that is what I am confused about, so I guess the lady actually meant another "process" or "term" which I did not know what it is.

 

Thank you for the reminder, just replied to SusieQQQ.