medical Refused tourist VISA for 2x DUI's Medical

[Jessibbb 0]

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 February 5, 2020 by Jessibbb

[Just Paul 4,591]

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?

[Jessibbb 0]

1 minute ago, Paul & Mary said:

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

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

[Just Paul 4,591]

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. 

[Jessibbb 0]

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.

[Just Paul 4,591]

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.

[Boiler 43,434]

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

[Jessibbb 0]

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.

[user555 195]

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. 

[Jessibbb 0]

12 minutes ago, Paul & Mary said:

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

Thank you for the advice.

[Jessibbb 0]

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.

 

 

[Just Paul 4,591]

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

[SalishSea 16,771]

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 February 5, 2020 by Jorgedig

[user555 195]

25 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.

 

 

Moral turpitude is a legal concept that refers to any conduct that is believed to be contrary to the community standards of honesty, justice, or good moral values. It is up to the United States government to decide this in your case. Defining driving drunk as "silly" is not the correct word. Reckless, unwise, and unconcered for your safety and for the safety of others would be a better phrase. Around 10,000 people are killed in the States every year due to drunk driving.   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. The USA defines drug abuse with a stricter defintion for visa purposes. 

[SusieQQQ 11,584]

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.