DWI disclosure at K-1 interview/2 disclose or not to disclose

[AndEdu 0]

Hello everyone....I have a question I hope someone can answer....if or when my feiance has his interview in Juarez Mexico for a K-1 will he have to disclose a DWI first offence in the US that he followed through on all court orders and compleated probation and paid all fines. This was in Dec of 2005. Will they allready know about the DWI or will they "ask" him about any DWI convictions? And if nothing is asked about the DWI should he voluntary disclose it. If they don't ask I would hate for him to mention it and it open up a can of worms for him......any tips or past experience about interviews and DWI disclosure.

[lrock1111 0]

Your fiance will have to get police certifications from any country he has lived in & will also have to answer whether he has been arrested for any crimes...in the interview I wouldn't volunteer the information, but you HAVE to be straight with them.

Best of Luck!

[essjay 0]

Always tell the truth, never lie!!

[Raspect 0]

Your fiance will have to get police certifications from any country he has lived in & will also have to answer whether he has been arrested for any crimes...in the interview I wouldn't volunteer the information, but you HAVE to be straight with them.

Best of Luck!

They say that the people in Ireland or Irish people are smart. And now I see why. This is good advice. Do not volunteer info. but you do have to be straight with them.

[kitkat1 5]

There are several forms where he will have to answer questions - he is required by law to tell the truth and he will be under oath at the interview.

You should read the DOS cable: GUIDANCE ON PROCESSING VISA APPLICANTS WITH DRUNK DRIVING HITS

http://immigrate2us.net/forum/showthread.php?t=632

R 072132Z JUN 07

FM SECSTATE WASHDC

TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE

RUEHTRO/AMEMBASSY TRIPOLI 3805

BT

UNCLAS STATE 079496

E.O. 12958: N/A

TAGS: CVIS, CMGT

SUBJECT: GUIDANCE ON PROCESSING VISA APPLICANTS WITH DRUNK DRIVING HITS

1. Summary: This cable clarifies how consular officers should handle cases where an applicants' criminal record shows an arrest or conviction for drunk driving or other alcohol related offence. End summary.

2. Posts generally become aware of drunk driving arrests and convictions after receiving the results of fingerprints taken when an applicant has a CLASS hit. While a drunk driving conviction is not a statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether the applicant may in fact be ineligible under Section 212(a)(1)(A)(iii). This applies to applicants who have a physical or mental disorder and demonstrate behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.

3. In the case of IV applicants, consular officers must refer the applicant back to the panel physician for additional evaluation. Physicians are evaluating for the presence of a mental disorder previously unnoticed before the physician became aware of the alcohol-related arrest. NIV applicants that have hits with evidence of an alcohol-related arrest or conviction must be referred to panel physicians for evaluation. This must be done even if the panel physician is physically located in another city.

4. After consulting with the Center for Disease Control and Prevention, we have determined that consular officers must refer applicants to panel physicians in two circumstances: (1) an applicant has a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or (2) convictions in any time period. Consular officers must also refer applicants to panel physicians if there is any other evidence to suggest an alcohol problem. Consular officers must adhere strictly to these guidelines in determining when a panel physician referral is appropriate.

5. For a finding of eligibility under Section 212(a)(1)(A)(iii), there must be two criteria established by the panel physician: (1) diagnosis of mental disorder (alcohol abuse) and (2) current harmful behavior associated with the mental disorder or a history of harmful behavior associated with the mental disorder that is judged likely to recur in the future. Consular officers should be aware that neither alcohol abuse or (DWI) drunk driving are sufficient grounds for an ineligibility finding under Section 212(a)(1)(A)(iii), a panel physician evaluation is required.

6. Section 9 FAM 40.11 N8.3 will be updated as follows:

While alcoholism constitutes a medical condition, INA 212(a)(1)(A)(iii) does not refer explicitly to alcoholics or alcoholism. Evaluation for alcohol abuse or dependence is included in the evaluation for mental and physical disorders with associated harmful behavior. An alcoholic is not ineligible to receive a visa unless there is harmful behavior associated with the disorder that has posed, or is likely to pose, a threat to the property, safety, or welfare of the alien or others. To ensure proper evaluation, you must refer applicants to panel physicians when they have a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or convictions in any time period. You also must refer cases to a panel physician if there is any other evidence to suggest an alcohol problem.

RICE

[kitkat1 5]

AndEdu, another important point -- before you go any further, are you 100% sure that he will qualify for a waiver? Have you consulted an attorney? It's not really a good idea to go to the interview if you KNOW in advance that he is not waiver eligible (due to the time issues discussed in your other thread).

[AndEdu 0]

AndEdu, another important point -- before you go any further, are you 100% sure that he will qualify for a waiver? Have you consulted an attorney? It's not really a good idea to go to the interview if you KNOW in advance that he is not waiver eligible (due to the time issues discussed in your other thread).

Hello KitKat1....no I have not yet....working on a tight budget. But trying to get as much info here to make due. He has been a catch and release and given the option for a voluntary departure 3 times but 1 may have been when he was a minor, he is not sure. They did however take finger prints so I know there is a record of all his captures. But I'm confused.....If he was here 3 months and got caught ( possibly ) as a minor and sent back to mexico and again came back was here for almost 5 months caught and sent back. 3rd time he was here a little over a year to be her for the birth of our daughter and while here was celebrating and recived a DWI and had to stay to take care of all fines and probation. Total time here was about 1 yr 2 months. He is currently now in Mexico and I am trying hard to convince him to stay put so that we can try to do the right thing and bring him across legal. The more I up date him of the possibility of there being a 10 yr bar or a life time ban the more he wants to come across EWI. So now that you know alittle more about my story can you give me some more adv??? as to his chances of receiving the opt for a waiver?????

[Jasman0717 8]

Do not lie

[endless 0]

Even if telling the truth might make things complicated, lying will make everything impossible in the long run. I'm pretty sure that they will find out everything whether he tells them or not. And a lie in the immgration process it's a federal offence - so it's written on the DS-230.

[kitkat1 5]

Hello KitKat1....no I have not yet....working on a tight budget. But trying to get as much info here to make due. He has been a catch and release and given the option for a voluntary departure 3 times but 1 may have been when he was a minor, he is not sure. They did however take finger prints so I know there is a record of all his captures. But I'm confused.....If he was here 3 months and got caught ( possibly ) as a minor and sent back to mexico and again came back was here for almost 5 months caught and sent back. 3rd time he was here a little over a year to be her for the birth of our daughter and while here was celebrating and recived a DWI and had to stay to take care of all fines and probation. Total time here was about 1 yr 2 months. He is currently now in Mexico and I am trying hard to convince him to stay put so that we can try to do the right thing and bring him across legal. The more I up date him of the possibility of there being a 10 yr bar or a life time ban the more he wants to come across EWI. So now that you know alittle more about my story can you give me some more adv??? as to his chances of receiving the opt for a waiver?????

As long as he did not re-enter after he had accumulated more than 365 days of unlawful presence, he should be waiver eligible. The dates, time and age are all very important details.

You'll also be dealing with the DWI which will need to be addressed in the waiver and *could* be a reason for them to say he's not eligible for a waiver (read the DOS bulletin). I would strongly suggest an attorney consult because you need to be clear before you proceed (you wouldn't want to waste the time and money if it's clear up front that he won't be eligible, right?)

[Cassie 8]

Even if telling the truth might make things complicated, lying will make everything impossible in the long run. I'm pretty sure that they will find out everything whether he tells them or not. And a lie in the immgration process it's a federal offence - so it's written on the DS-230.

If you don't tell them the whole truth (ie. "lie of omission") and they find out about it, you will be in a big world of hurt, more so than if you were straight up from the beginning (ie. they will wonder what else you were not forthcoming about).