3-year rule in other countries??

[corazoncita]

I understand there is a rule for CDJ that anyone with a drug conviction has to wait three years and have proof of rehabilitation before they are elegible to file an I-601. Alcohol is included as a drug-- therefore anyone with a DUI in the past 3 years is covered under this rule.

Does anyone know what the rule is for, say, Honduras? My husband has a Nov. 4th, 2006 conviction for a level 5 DWI (meaning he was barely over the legal limit--- the worst is a leve 1), and I was wondering if he was not elegible to file an I-601 waiver due to this recent conviction? Does anyone know the answer to this?

If you don't know the rules for this particular country, post any rules you know of for other countries (besides Mexico). I would appreciate it! Thank you!

[kitkat1]

This is the law:

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds.-

(A) In general.-Any alien-

who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

You should also read the DS cable regarding DUI:

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

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.


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.

[MendozaQH]

I don't think alcohol is considered a drug in these cases....

[lgatica06]

So am I reading this correctly. If the drunk driving conviction was more than 3 years ago it doesn't count. And is that just the conviction itself or does it apply to the whole case as far as probation and such.

My husband had a DUI in 2003, as you can see that is more than 3 years ago, but he is still doing probation because he never did it when he was supposed to. This is all before I knew him and now they reinstated the probation and he is doing that and paying all the fines. So will they look at the conviction only or the whole case. His case won't be complete til October of next year.

[kitkat1]

It's really a question for a lawyer because the DUI bulletin is not 100% clear.

I do know from reports from other immigration sites that if someone admits to drinking regularly and they decide it's a problem, they will deem him an alcoholic and the section of the law regarding drug abuse does apply.