This article describes one of the popular goals of many individuals worldwide: traveling to the US. This article applies to applicants who are interested in obtaining a U. S. Visa but have a conviction for driving under the influence charge commonly referred to as DUI or driving while intoxicated charge known as DWI- a major point of contention. Here is the only detailed clue that will let you learn how a DUI still affects a U. S. Visa application and make it harms your case.
One DUI: Not an Automatic Barrier
A DUI conviction doesn’t automatically block a U.S. visa, but it can increase refusal risks since it’s not listed as a reason for inadmissibility in Section 212(a) of the Immigration and Nationality Act.
However, many other matrix types show similar features. Immigration authorities in the U.S. also consider additional factors and concerns.
Assessing Alcohol Abuse
If you’re seeking a U.S. immigrant visa, a civil surgeon will conduct an official medical examination. During this, the surgeon will assess potential risks, including alcohol abuse tendencies.
According to guideline 9 FAM 302.2-7(B)(3)(U), a substance-related disorder, including alcohol issues, doesn’t automatically bar a U.S. visa. However, if the disorder poses a risk of self-harm, harm to others, or damage to property, a DUI or DWI conviction may affect the decision.
Nonimmigrant Visa Applications
Your DUI conviction may add hurdles to your U.S. visa application. Also, If the consulate detects aggression or finds a drunk driving conviction in your home country, it will likely recommend a visit to a civil surgeon, as outlined in the Foreign Affairs Manual (FAM).
The FAM directs consulates to refer visa applicants for evaluation if they have:
One incident involving an arrest or a documented conviction for an alcohol-related offense within the last five years.
Any arrest or conviction based on the allegation of alcohol consumption within the past ten years, having two or more incidents.
This post presents other possible indications that may show he has an alcohol issue.
Focus on the evaluation conducted by the civil surgeon, as it directly impacts the inadmissibility decision. Note that the patient may not be allowed to read the doctor’s report. If someone is deemed inadmissible, they can apply for a waiver to enter the United States.
Seek Legal Guidance
However, understanding the chances of getting a U. S. visa with a DUI is not an easy task and one needs to consult his or her case to get the correct answer. It is recommended to address this always with a licensed U,S immigration attorney to guide you in accordance to your circumstances.
Seek a professional lawyer to assess your admissibility and draft a waiver request if needed. A skilled lawyer can explain your options and improve your chances of obtaining a U.S. visa.
A DUI doesn’t automatically block you from a U.S. visa or entry, but it will prompt extra scrutiny. If concerned, assess your situation, consult a lawyer if needed, and address any alcohol abuse or inadmissibility issues.
