Re-habilitation program? Alcohol question...

[corazoncita]

OK-- I read somewhere that if the immigrant has any alcohol-related charge on record, that immigrant will need to be able to show signs of rehabilitation, and will need to be assessed by a medical professional to determine whether the have an alcohol addiction problem.

My husband has a conviction for a level 5 DWI (meaning his blood alcohol level was slighty above the legal limit-- the worst is a level 1) so he falls under this category. Where can I find a physician in Honduras who will assess him? I'm sure CIS has their own physicians he will be required to go to, but how do I find out who they are and where they are located? Also, how can I prove he has "rehabilitated"? Will he need to do a substance abuse program or something? Again, how do I know which programs are approved by CIS?

THANK YOU! :)

[kitkat1]

After the denial, the consulate in Honduras should provide information to you regarding exactly what he needs to do. It's up to you to find a program there for him that meets their requirements, but I assume AA would do it.

Here's the information regarding Ciudad Juarez - might help you a bit:


Persons who admit during the medical exam to using an illegal drug within the last three years, or who are found with these substances in their system after drug screening, are inadmissible as drug abusers. There is an exception for mere experimentation (single use). There is no waiver for this medical ground, but applicants who have been in remission for three years since the last drug use can reapply for the visa. The consulate will keep the case open during this period. They should come prepared with evidence that they have undergone drug counseling or similar rehabilitation. A single DUI conviction within the last two years will result in a denial based on the medical ground of inadmissibility for having a "physical or mental disorder with a history of harmful behavior associated with the disorder."

[corazoncita]

After the denial, the consulate in Honduras should provide information to you regarding exactly what he needs to do. It's up to you to find a program there for him that meets their requirements, but I assume AA would do it.

Here's the information regarding Ciudad Juarez - might help you a bit:


Persons who admit during the medical exam to using an illegal drug within the last three years, or who are found with these substances in their system after drug screening, are inadmissible as drug abusers. There is an exception for mere experimentation (single use). There is no waiver for this medical ground, but applicants who have been in remission for three years since the last drug use can reapply for the visa. The consulate will keep the case open during this period. They should come prepared with evidence that they have undergone drug counseling or similar rehabilitation. A single DUI conviction within the last two years will result in a denial based on the medical ground of inadmissibility for having a "physical or mental disorder with a history of harmful behavior associated with the disorder."

A denial of which petition? The I-601? The I-130? Does this clause mean that he will have to reapply for the I-601 only after 2 years has passed?

Also, can he do the AA program while he is still in the US?

[kitkat1]

A denial of which petition? The I-601? The I-130? Does this clause mean that he will have to reapply for the I-601 only after 2 years has passed?

Also, can he do the AA program while he is still in the US?

Waivers are not submitted until the visa is denied at the initial visa interview in his country (which happens long after I-130 approval) First he has to be denied (so it's clear he even needs a waiver) and then he needs to be found eligible to submit a waiver (because some people have re-entered after more than 365 days of illegal presence and are not waiver-eligible for 10 years or have other circumstances that make it so they cannot immediately submit the waiver).
.

These are Ciudad Juarez's rules and they don't necessarily apply to the entire world. If he is eligible, he'll submit the waiver. If he isn't, they'll tell him how long he needs to wait and what "rehabiliation" proof he needs to provide during the waiting time.

[Laura]

Corazoncita - when is the conviction from? In CDJ anyway, you have to have three years clean after an alcohol-related citation before you can file a waiver. I'm not sure if it's the same everywhere.

So... if this happened last year, it's possible they will not actually allow him to file his waiver until two more years has passed. But you really won't know until he goes to the visa interview. They may say three years needs to pass and he has to show proof that he went to AA meetings, or something. (Yes, I realize this is completely ridiculous).

The issue here is waiver eligibility, not the visa petition.

[corazoncita]

He won't be elegible, then... he had the DUI in November of 2006. :(

I'm sure the rules for Honduras would be similar... how do I find the rules? Is there a website?