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Jessibbb

Refused tourist VISA for 2x DUI's Medical

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Visiting Florida in around 7 months, a family holiday with quite a big group of us.

Have 2 previous DUI convictions so visa was turned down, one was around 5 years ago and the other around 8 years.

Was recommended to apply for waiver of ineligibility.

So now I have the medical booked with embassy physician.

I've read some horror stories about these medicals!

What should be expected?

 

Although the embassy officer stated visa was turned down for the DUIs only, there was also a caution for possession in 2012. 

Not an alcoholic or drug addict, just like to point that out!

Have a good job in public sector, have done for many years.

Have return tickets booked along with hotel details and enough spending money.

 

I'd just like to know what to expect at the medical, really don't want to miss out on this amazing family holiday due to silly past mistakes.

I'm a british citizen.

Edited by Jessibbb

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4 minutes ago, Jessibbb said:

Visiting Florida in around 7 months, a family holiday with quite a big group of us.

Have 2 previous DUI convictions so visa was turned down, one was around 5 years ago and the other around 8 years.

Was recommended to apply for waiver of ineligibility.

So now I have the medical booked with embassy physician.

I've read some horror stories about these medicals!

What should be expected?

 

Although the embassy officer stated visa was turned down for the DUIs only, there was also a caution for possession in 2012. 

Not an alcoholic or drug addict, just like to point that out!

Have a good job in public sector, have done for many years.

Have return tickets booked along with hotel details and enough spending money.

 

I'd just like to know what to expect at the medical, really don't want to miss out on this amazing family holiday due to silly past mistakes.

I'm a british citizen.

Did the consulate tell you to get a medical for a b2?


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Just now, Jessibbb said:

Yes. Sorry, maybe I should of stated that in OP.

The medical is pretty easy.   They will do an exam and they are going to ask you about your alcohol/drug use. Hopefully it goes well and you get cleared.  Medical can recommend a re-evaluation after a year but that is typically done in drug use cases. 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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3 minutes ago, Paul & Mary said:

The medical is pretty easy.   They will do an exam and they are going to ask you about your alcohol/drug use. Hopefully it goes well and you get cleared.  Medical can recommend a re-evaluation after a year but that is typically done in drug use cases. 

To be completely honest, that's what is worrying me.

I am a recreational cannabis smoker. Obviously not all the time as I work a lot. But if this tests positive on anything is it grounds for a refusal?

Don't even have time to clear my system by not smoking as the medical is less than a week away.

This whole situation is really getting me down.

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2 minutes ago, Jessibbb said:

I am a recreational cannabis smoker.

Well that will be an issue. It is best to be upfront with the doctor about that.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: K-1 Visa Country: Wales
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Booking tickets was silly, can you cancel them and get your money back?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 minutes ago, Boiler said:

Booking tickets was silly, can you cancel them and get your money back?

It was a gift for us, we didn't know anything about it until it had all been booked 😔 

An amazing gift obviously, but now there's this whole Visa process which has changed since the last time I visited Florida as a child.

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You have to do the medical exam because you have had two or more DUI convictions in the last ten years. They will ask about alcohol use, frequency, mental disorders, history of use of prescription and controlled substances, etc. Cannabis is still banned at the federal level in the USA. A recreational cannabis smoker who used within the past week could be deemed as a drug abuser. 

You can look up Inadmissible aliens:

(2)(A)(i)(II)

a violation of any law or regulation of a State, the United States, or a foreign country relating to a controlled substance

 

“Substance Related Disorders” under INA 212(a)(1)(A)(iii)- Alcohol and Other Non-Controlled Substances – 42 CFR Sec 34.2(h)-(i), 9 FAMe 302.2-7(B)(3).  Substance related disorders are found if a US panel physician can document a pattern or use of alcohol or other non-controlled substances (drugs), and can document the effects associated with use on behavior, mental health, physical health.

 

Frankly, two DUI convictions (plus how many times were you driving drunk and didn't get arrested?) plus being a marijuana user does not look good for you. The physician will make the final call, but it looks like if you're honest with the doctor, he will not recommend a visa for you due to moral turpitude. 

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25 minutes ago, user555 said:

You have to do the medical exam because you have had two or more DUI convictions in the last ten years. They will ask about alcohol use, frequency, mental disorders, history of use of prescription and controlled substances, etc. Cannabis is still banned at the federal level in the USA. A recreational cannabis smoker who used within the past week could be deemed as a drug abuser. 

You can look up Inadmissible aliens:

(2)(A)(i)(II)

a violation of any law or regulation of a State, the United States, or a foreign country relating to a controlled substance

 

“Substance Related Disorders” under INA 212(a)(1)(A)(iii)- Alcohol and Other Non-Controlled Substances – 42 CFR Sec 34.2(h)-(i), 9 FAMe 302.2-7(B)(3).  Substance related disorders are found if a US panel physician can document a pattern or use of alcohol or other non-controlled substances (drugs), and can document the effects associated with use on behavior, mental health, physical health.

 

Frankly, two DUI convictions (plus how many times were you driving drunk and didn't get arrested?) plus being a marijuana user does not look good for you. The physician will make the final call, but it looks like if you're honest with the doctor, he will not recommend a visa for you due to moral turpitude. 

I understand that.

I am not a bad person, I have good morals, a respectable clerical job in the health industry and a great family.

I did some silly things in the past I know, but surely past mistake shouldn't cloud the person I am today? But of course I'm guessing a physician does not see things like that? Or do they?

I just want to be able to have a great 2 week family holiday, have fun in the parks and maybe do some shopping.

 

 

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Unfortunately recreational use of cannabis is still against US Federal Law.  I would just withdraw your application and wait some time before re-applying.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: AOS (apr) Country: New Zealand
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19 minutes ago, Jessibbb said:

I understand that.

I am not a bad person, I have good morals, a respectable clerical job in the health industry and a great family.

I did some silly things in the past I know, but surely past mistake shouldn't cloud the person I am today? But of course I'm guessing a physician does not see things like that? Or do they?

I just want to be able to have a great 2 week family holiday, have fun in the parks and maybe do some shopping.

 

 

The physician is really just reporting her/his objective findings.  The decision is ultimately with the CO.  

 

We all have skeletons in our closets.  No one here thinks you're a bad person.  Unfortunately, federally, marijuana is still a huge deal here.  As an RN from a state in which cannabis is legal, I personally think that is silly, but federal and state laws are separate matters.

Edited by Jorgedig

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4 hours ago, Jessibbb said:

surely past mistake shouldn't cloud the person I am today?

Sadly for visa purposes it often does, and that is not just a US perspective- includes for people visiting your home country too. 
 

And the cannabis is a current issue. As above, legality is still an issue. 

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