Reducing Delays for Visa Applicants with Alcohol-Related Issues
Posted Oct 26, 2007
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Regular readers of MurthyDotCom and the MurthyBulletin will recall from our recent articles, DOS Policy on Visa Applicants with Drunk-Driving Record (July 20, 2007) and More Visa Delays / Denials at Consulates for Alcohol-Related Offenses (October 12, 2007), that there has been an increase in visa delays and denials of visas due to the new U.S. Department of State (DOS) policy on delays in visa issuance to an applicant with a history of either drunk driving or other alcohol-related offenses. The American Immigration Lawyers Association (AILA) has responded to this situation by suggesting a number of approaches one may take to avoid unnecessary delays and complications with regard to the new DOS procedures.
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DOS Procedure Applies to all Alcohol-Related Offenses
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Since this matter arises most often in connection with alcohol-related driving violation/s, this article addresses those offenses. The procedures apply to all alcohol-related offenses, however. Consular officers must refer certain visa applicants with arrests and/or convictions for alcohol-related driving offenses to a panel physician for further examination. This is in addition to the standard medical exam required in immigrant visa cases.
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Referral to Panel Physician Possible Even with a Single Arrest!
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The referral applies to visa applicants with either a single arrest or conviction for an alcohol-related driving offense within the last three years or those who have two or more arrests or convictions at any time.
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Visa Applicant Can Prepare in Advance
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Because of the complicated nature of this process, it is important for visa applicants who are going to be affected by the new rules to be prepared for the visa interview in advance. First, visa applicants should remember that their existing valid visas likely will be cancelled until after they successfully complete the process. Such individuals should have copies of any arrest reports available, certified court dispositions, and, possibly, personal statements and/or affidavits from others who are familiar with the good moral character of these individuals.
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Some panel physician evaluations can take several weeks, in part because panel physicians may refer applicants further for psychiatric evaluation regarding the issue of alcohol abuse or addiction. Therefore, it is important to anticipate a delay in this process and plan accordingly when traveling outside of the United States.
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In addition, affected visa applicants should anticipate extra fees. For example, there is an $85 fee to undergo an FBI crime-record check that can take anywhere from 1-2 days to two months, depending upon whether the consular post uses electronic or ink procedures to capture fingerprints.
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Conclusion
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The new procedures have not been set uniformly across the consular posts and, therefore, the timeframes and their complexities may vary. It is important to understand, however, that these procedures are being uniformly enforced and, if they make individuals subject to referral to panel physicians, they must disclose their histories and prepare well in advance for the referrals and the visa interviews. Those persons with one arrest or conviction, who do not urgently need to travel, may wish to delay until they reach the three-year point. Those who are eligible for advance parole may wish to use that method of travel to avoid the need to apply for a visa at a consular post abroad only to be delayed for weeks or months.