medical Refused tourist VISA for 2x DUI's Medical

[Duke & Marie 1,389]

2 minutes ago, SusieQQQ said:

That doesn’t cover the controlled substance violation.

 

if you keep on scrolling down to 

9 FAM 302.2-8  (U) DRUG ABUSE OR ADDICTION - INA 212(A)(1)(A)(IV)

you'll note it says “(U) No Harmful Behavior Required:  Harmful behavior is not a relevant factor in rendering a determination of ineligibility under the provisions of INA 212(a)(1)(A)(iv).”

 

 

 

Yeah, I’m focusing on alcohol not canabis sections, mainly because he needs the medical due to 2 prior DUIs in last 10 years.. 

 

his canabis usage is another problem, mainly because it a) is illegal and b) I don’t think he’s actually disclosed his current use to the CO etc.. so multiple factors may apply to it usage and visa issuance 

[jan22 2,898]

1 minute ago, Duke & Marie said:

I’m not saying abuse isn’t inadmissible..

 

I’m saying the MO must FIRST determine that there is abuse under the requirements mentioned in order for inadmissiblity clause to be applied. 

Sorry -- when you wrote that a "diagnosis of a substance-related disorder alone does not make an applicant ineligible for a visa...", that appeared to be exactly what you were saying, since a "diagnosis" would be a medical determination.  That's why I thought it important to clarify that harmful behavior was not required if one is diagnosed as an abuser/addict.

 

Guess we derailed the thread enough with the technicalities...sorry, OP!

[jan22 2,898]

13 minutes ago, Duke & Marie said:

Yeah, I’m focusing on alcohol not canabis sections, mainly because he needs the medical due to 2 prior DUIs in last 10 years.. 

 

his canabis usage is another problem, mainly because it a) is illegal and b) I don’t think he’s actually disclosed his current use to the CO etc.. so multiple factors may apply to it usage and visa issuance 

If he didn't disclose it on the DS-160, he has another issue to deal with (misrepresentation), since the DS-160 asks about drug abuse (which he could argue and say he didn't consider himself to be an abuser) and whether you have violated any laws involving controlled substances.  I believe marijuana is illegal in the UK.