Alcohol-related arrests can have serious implications for applicants for either temporary visas or green cards. People mistakenly think if they were not convicted for a DUI or DWI then it will not affect their US Immigration.
We deal with many cases, where someone has only been arrested for driving under the influence and this triggers panel physician interviews (see articles on website for this and/or listen to audios on this); requests for waivers from officers and/or denials of visa applications.
Drug and alcohol issues can trigger inadmissibility issues and may cause you to be denied entry to the States. It does not matter if it was a one-off incident, or it occurred many years ago, or even since that past incident you have successfully entered the US without issue. Your past does not go away for immigration purposes. It will catch up with you, when you least expect it. We received panicked calls from people who were stopped at an airport when they had a wedding planned or with a group of friends or when their employer wanted them to attend a business conference etc.
Even if you do not drink and drive, you can have trouble after a few too many drinks. One scenario, for example, is an alcohol-fueled bar fight. These incidents often lead to everyone being rounded up by the police and charged with assault or related charges. Again, this is very common from people who call us for help.
Alcohol-related arrests can actually lead to a Panel Physician deeming you to be medically inadmissible to the United States. We deal with many cases where applicants who apply for visas, if they have been arrested for alcohol-related offences such as a DUI, within five years of a single alcohol-related arrest or conviction, it has serious problems in them getting visas approved.
You don’t necessarily need to be convicted; just an arrest alone will be a trigger.
If you have two or more such arrests or convictions within the last ten years, you will be referred to a Panel Physician for a physical and mental evaluation. The Panel Physician will then determine if you are eligible to receive a visa based on having a mental disorder or behavior associated with that disorder.
It doesn’t necessarily mean a single DUI or a public intoxication arrest automatically prevents you from being granted a visa, however it will trigger the Panel Physician interview which is an additional hurdle for you. Multiple DUIs will actually impact your naturalization and your U.S. citizenship application.
Any arrest or charge pertaining to a DUI is going to cause problems for your immigration. At the very least, it will cause delays in the process.
You should not be applying for visas at the consulate or showing up at airports for entry or even applying for ESTA, visa waiver online if you have ever been arrested and/or convicted of any drink and/drug related offense.
Please note any admissions you make to an immigration official (for drug activity even for personal use) even if you have never been arrested and/or convicted may cause serious immigration consequences for you.