medical Refused tourist VISA for 2x DUI's Medical

[Unlockable 7,306]

5 hours 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.

 

 

As already mentioned, it is not the physician who is making the decision to issue the visa. It is the consular officer. The physician is simply doing his/her job on reporting health history.

 

The thing you have to realize is that the US has no shortage of people who want to visit the US. So by not issuing you a visa it will not make much of a difference. Yes, casual use of cannibus and previous DUI's don't make you a bad person. But there are millions of people applying for a visitor visa just like you who have never had any of those issues.

[African Zealot 1,453]

Regardless of the results of the medical, your chances of getting the visa are slim at best. From the USA perspective you are (or were) a habitual law breaker. 

 

Don’t pin your hopes on being approved. I honestly see the refusal on those inadmissibility grounds as just a convenient reason. Once you overcome those via a medical test, you will be refused again at the discretion of the officer.

[geowrian 22,336]

2 DUIs -> "silly mistakes"

Not exactly silly to the thousands of people annually who are no longer with us due to those decisions. Also doubtful those were the only 2 times driving while intoxicated occurred...just 2 times it was caught.

Not judging who you are today....my brother has 2 DUIs and he's not a bad person. Just pointing out that it was not silly and it is not beneficial to downplay their impact.

 

Do the medical. Be honest (you're getting yourself into much more trouble by not doing so). Let the doctor do their job. Interview. Hope for the best.

[ClickityClackity 134]

Get yourself a urine drug detector. Don't smoke anymore until the day of the medical. Take the test before the medical. If it's negative, still be truthful about your drug use and since the result comes back negative the doctor might be more lenient about it. 

 

If it comes positive, well, your bad. 

[yuna628 9,532]

 Regardless of if they test positive or not, they will have to admit to their past alcohol and current drug use/abuse. Pot isn't legal in their own country either, just as it is not legal federally here. OP will have to understand their slim chances, and hope they can get their money back if they should be refused.

[SusieQQQ 11,584]

37 minutes ago, yuna628 said:

 Regardless of if they test positive or not, they will have to admit to their past alcohol and current drug use/abuse. Pot isn't legal in their own country either, just as it is not legal federally here. OP will have to understand their slim chances, and hope they can get their money back if they should be refused.

Get what money back? The flights?

definitely not the visa fee!

Edited February 5, 2020 by SusieQQQ

[Boiler 43,588]

Seems somebody else paid but no doubt OP feels she should refund. In the circumstances.

[Unlockable 7,306]

1 hour ago, ClickityClackity said:

Get yourself a urine drug detector. Don't smoke anymore until the day of the medical. Take the test before the medical. If it's negative, still be truthful about your drug use and since the result comes back negative the doctor might be more lenient about it. 

 

If it comes positive, well, your bad. 

Once again, it is not the doctor who needs to be lenient… it is the counselor officer who will make the decision on whether the OP gets the visa. The doctor does nothing but report his medical history.
Also, everyone seems to be hooked up on the cannabis use, when in actuality, it is the two (2) DUI’s that is more damaging to the OP’s character. Like I said before, the US has no shortage of people who want to visit. The US government issues about 5 – 6 million visitor visas a year. So the counselor the counselor officer does not have to be easy on the OP because s/he will know there are plenty of other applicants who have never had a DUI nor used drugs.
 

[ClickityClackity 134]

7 minutes ago, Unlockable said:

Once again, it is not the doctor who needs to be lenient… it is the counselor officer who will make the decision on whether the OP gets the visa. The doctor does nothing but report his medical history.
Also, everyone seems to be hooked up on the cannabis use, when in actuality, it is the two (2) DUI’s that is more damaging to the OP’s character. Like I said before, the US has no shortage of people who want to visit. The US government issues about 5 – 6 million visitor visas a year. So the counselor the counselor officer does not have to be easy on the OP because s/he will know there are plenty of other applicants who have never had a DUI nor used drugs.
 

Fair enough.

[Beth & Achraf 328]

14 hours 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.

If your lucky enough to get the visa, I suggest brand new luggage, carry bags and clothes  on day of your flight,   You want nothing associated with the odor in your home if you smoked at home.   If a K9 gets a whiff of you or luggage, you will be escorted to the back you go for questioning, and they will ask if you ever smoked, and if you intend to smoke it in the US.      Don't lie to the immigration officer, they can easily found out of your past incidences and if caught lying, you will not be allowed entry into the US .

 

Best Wishes

[SusieQQQ 11,584]

1 hour ago, Unlockable said:

Once again, it is not the doctor who needs to be lenient… it is the counselor officer who will make the decision on whether the OP gets the visa. The doctor does nothing but report his medical history.
Also, everyone seems to be hooked up on the cannabis use, when in actuality, it is the two (2) DUI’s that is more damaging to the OP’s character. Like I said before, the US has no shortage of people who want to visit. The US government issues about 5 – 6 million visitor visas a year. So the counselor the counselor officer does not have to be easy on the OP because s/he will know there are plenty of other applicants who have never had a DUI nor used drugs.
 

I think both are an issue. One is a pair of serious past offenses (the more than one indicating it was a habit), the second is the ongoing use of an illegal substance, no matter your views on the merits of it being illegal.
 

1 hour ago, Beth & Achraf said:

If your lucky enough to get the visa, I suggest brand new luggage, carry bags and clothes  on day of your flight,   You want nothing associated with the odor in your home if you smoked at home.   If a K9 gets a whiff of you or luggage, you will be escorted to the back you go for questioning, and they will ask if you ever smoked, and if you intend to smoke it in the US.      Don't lie to the immigration officer, they can easily found out of your past incidences and if caught lying, you will not be allowed entry into the US .

 

Best Wishes

Excellent point. I knew someone who got stopped at a railway station in Britain - same reason, dog smelt the scent. I’m not sure the “I didn’t but was at a party with people who did” excuse will go over as well with CBP, especially as they will see a waiver was needed for the visa.

 

[jan22 2,901]

3 hours ago, Unlockable said:

Once again, it is not the doctor who needs to be lenient… it is the counselor officer who will make the decision on whether the OP gets the visa. The doctor does nothing but report his medical history.
Also, everyone seems to be hooked up on the cannabis use, when in actuality, it is the two (2) DUI’s that is more damaging to the OP’s character. Like I said before, the US has no shortage of people who want to visit. The US government issues about 5 – 6 million visitor visas a year. So the counselor the counselor officer does not have to be easy on the OP because s/he will know there are plenty of other applicants who have never had a DUI nor used drugs.
 

Sorry, but I respectfully disagree with the conclusion that the DUIs are more damaging. The ongoing marijuana use is at least as serious as the two DUIs. The two taken together are even more damning.  The OP stated that he is not an addict; however, addiction is not the standard used in visa adjudication. The standard is whether the applicant is a substance abuser, not an addict. Two DUIs within the last 10-year period, coupled with ongoing current marijuana use, is very likely to be determined to be a pattern of substance abuse.  Either the DUIs or the marijuana use alone could result in that finding. The two together make it even more likely.

[Just Paul 4,591]

5 minutes ago, jan22 said:

The two taken together are even more damning. 

The fact that she freely admits to the use and knows it is illegal, on the federal level, and knows to stop before the medical, and didn't have enough time to stop using. . .

 

Makes this a poor case for being allowed in the US.   

 

OP I'm not against the use of cannabis but these are the rules and you clearly knew about.  Maybe your trip can be changed to Jamaica instead?

 

[Duke & Marie 1,389]

20 hours ago, user555 said:

 

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. 

Multiple DUI convictions ALONE are not considered as CIMT... several factors must must be taken into consideration e.g was there intent to harm? Or did harm occur? Other crimes commented at the time such as hit and run etc.. Stand alone DUI cases where no other factors are relevant to the case are not considered as CIMT irrespective of the number of cases 1 or 100.. 

 

 

[jan22 2,901]

5 minutes ago, Duke & Marie said:

Multiple DUI convictions ALONE are not considered as CIMT... several factors must must be taken into consideration e.g was there intent to harm? Or did harm occur? Other crimes commented at the time such as hit and run etc.. Stand alone DUI cases where no other factors are relevant to the case are not considered as CIMT irrespective of the number of cases 1 or 100.. 

 

 

The issue really has nothing to do with crimes of moral turpitude, as the possible inadmissibility is not under 212 (a)(2) for criminal acts.  It would be under 212 (a)(1)(A)(iv)for health grounds, which says that a person is inadmissible if they are determined to be a drug abuser or addict.