Jump to content
dayfly12345

F2A application with DUI record

9 posts in this topic

Recommended Posts

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. 

Share this post


Link to post
Share on other sites

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


i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 131

04/19/2019    Rec'd appointment letter for biometrics

05/02/2019    Biometrics

05/15/2019    Submitted initial request for EAD expedite 5/22 faxed info

06/05/2019    EAD APPROVAL!!!!!!!!!!  06/06/2019    AP Approval

06/13/2019    Combo Card Received in Mail

06/19/2019    Social Security Card received in mail

 

Share this post


Link to post
Share on other sites

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

 

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. :)

Share this post


Link to post
Share on other sites
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.

 

Share this post


Link to post
Share on other sites
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.)

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
Posted (edited)
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 by dayfly12345
provide more information.

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...