ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)ANyone with experience getting court records in Australia??
Oh, he then needs to complete a one page sheet (which can be faxed) stating approximately when the crime took place, what the charges were and consequences. They also want to know why you wish to obtain the documents. Very simple form. Hope that helps.
whisper2meFemaleAustralia2008-03-23 23:56:00
Waivers (I-601 and I-212) and Administrative Processes (221g)ANyone with experience getting court records in Australia??
Contact the court house in the town/city in which the crime took place i.e the court in which the crime was heard should have a record in archives.
whisper2meFemaleAustralia2008-03-23 23:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)DUI -- I129f beneficiary
I think your chances are good based on a SINGLE offence and that it was 4 years ago. See below:

R 072132Z JUN 07
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE
RUEHTRO/AMEMBASSY TRIPOLI 3805
BT
UNCLAS STATE 079496

E.O. 12958: N/A
TAGS: CVIS, CMGT
SUBJECT: GUIDANCE ON PROCESSING VISA APPLICANTS WITH DRUNK DRIVING HITS


1. Summary: This cable clarifies how consular officers should handle cases where an applicants' criminal record shows an arrest or conviction for drunk driving or other alcohol related offence. End summary.

2. Posts generally become aware of drunk driving arrests and convictions after receiving the results of fingerprints taken when an applicant has a CLASS hit. 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.

3. In the case of IV applicants, consular officers must refer the applicant back to the panel physician for additional evaluation. Physicians are evaluating for the presence of a mental disorder previously unnoticed before the physician became aware of the alcohol-related arrest. NIV applicants that have hits with evidence of an alcohol-related arrest or conviction must be referred to panel physicians for evaluation. This must be done even if the panel physician is physically located in another city.

4. After consulting with the Center for Disease Control and Prevention, we have determined that consular officers must refer applicants to panel physicians in two circumstances: (1) an applicant has a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or (2) convictions in any time period. Consular officers must also refer applicants to panel physicians if there is any other evidence to suggest an alcohol problem. Consular officers must adhere strictly to these guidelines in determining when a panel physician referral is appropriate.

5. For a finding of eligibility under Section 212(a)(1)(A)(iii), there must be two criteria established by the panel physician: (1) diagnosis of mental disorder (alcohol abuse) and (2) current harmful behavior associated with the mental disorder or a history of harmful behavior associated with the mental disorder that is judged likely to recur in the future. Consular officers should be aware that neither alcohol abuse or (DWI) drunk driving are sufficient grounds for an ineligibility finding under Section 212(a)(1)(A)(iii), a panel physician evaluation is required.

6. Section 9 FAM 40.11 N8.3 will be updated as follows:

While alcoholism constitutes a medical condition, INA 212(a)(1)(A)(iii) does not refer explicitly to alcoholics or alcoholism. Evaluation for alcohol abuse or dependence is included in the evaluation for mental and physical disorders with associated harmful behavior. An alcoholic is not ineligible to receive a visa unless there is harmful behavior associated with the disorder that has posed, or is likely to pose, 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.



RICE
whisper2meFemaleAustralia2008-07-12 18:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)THE 601 AND 212 WITH THE HOLE FAMMILY USC BUT ME???
Sorry to hear about your situation. This website will give more information regarding the Waiver process. www.immigrate2us.net
whisper2meFemaleAustralia2008-07-19 16:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Dui and Alcohol Assessment
Just to let you know my visa (and the rugrats) were approved! I produced the Alcohol Assessment letter from the Panel Physician at the appointment and they didn't ask any questions relating to it. It seems they were satisfied with the information and then only asked questions about my husband's work, visits to Australia and my visits to the U.S, what I thought of Houston, when we were planning to move etc. He also asked the kids directly if they were looking forward to the move to the U.S. and what they thought of my husband in which they replied: "He makes us laugh".

Can finally get on with life and finally enjoy the full experience of being married to my wonderful hubby.

Marie, sorry for the mess you are going through. I hope things resolve soon.

Edited by whisper2me, 26 August 2009 - 11:36 PM.

whisper2meFemaleAustralia2009-08-26 23:33:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Dui and Alcohol Assessment
QUOTE (familyguy @ Aug 20 2009, 11:06 PM) <{POST_SNAPBACK}>
It appears from what you tell us that you should be fine but as always with immigration who the heck knows for sure? You may find the link below helpful for an overview - good luck.

http://www.sandiegod...mmigration.html


Thankyou - this link was very informative!

P.S. My health is fine. First dui = young and stupid. 2nd = borderline reading and bad judgment call on my part. 0.063 hardly consitutes a health problem and the funny thing is Texas limit is 0.08 which means I would have still been under the legal limit there. All about perspective I guess.

whisper2meFemaleAustralia2009-08-20 16:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Dui and Alcohol Assessment

I posted this in the Aussie Forum as well....

Kids and I had the medical a couple days ago and we fly out this Saturday to spend a couple days in Sydney prior to the interview on Tuesday 25th August. As I mentioned before, I had a dui from 1992 and in 2005 (borderline reading). The Panel Physician basically assessed urine for every type of illicit drug and gave me a BAL breath test. Naturally I was 0.00. (Who would be stupid enough to turn up to the medical half shot...lol). After some discussion, he seemed happy that I don't have an alcohol problem and proceeded to write up a letter stating that he didn't think I fit the criteria for being ineligible based on Mental Disorder related to alcohol abuse. I am therefore hoping that based on this report, I won't have any problems at the Consulate. From reading the literature, my understanding is that if you have had 2 or more dui offences than its the Panel Physician who needs to assess whether you pose a future threat. Do you think this means I'm good to go???

Cheers



whisper2meFemaleAustralia2009-08-20 05:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Have not seen my spouse for over a year.
Are you talking on phone or computer? If phone, I would also provide phone bills. I know each situation is different but the only relationship evidence they looked at was a couple photos. I had taken emails and bills etc. highlighting hubby's number. They would understand that flying across the world on a regular basis is not realistic plus couples do not anticipate this kind of wait (at least I didn't) when they first apply for visa. We hold off thinking its going to be over soon.

Great idea on the work schedule TBone

Edited by whisper2me, 31 August 2009 - 06:09 AM.

whisper2meFemaleAustralia2009-08-31 06:07:00
Asia: East and PacificPolice Certificates In Aussie Land
Hey Kym! Yes they have ...however...if there is only one drink driving offence and it occured more than 3 years ago, I'm convinced a waiver won't be necessary. The article in immigrate2us.net acknowledges this.

Regards,
Peta


Thankyou for the response Loke.

I have finally received a response from the Sydney Consulate stating:

"You will be required to undergo an additional part of your medical examination which is now required for all visa applicants with drink driving offences. Not until we receive the physician's final report would we be able to advise you whether or not you require applying for a waiver."

Apparently there is new legislation regarding alcohol related offences including drink driving in which you basically have to prove that you don't have an alcohol addiction or a mental disorder which would endanger others. I find this a little amusing given that I am a Psychologist here in Australia and have worked for the govt mental health system for over 10 years.

I am now trying to find out if i can have this additional medical PRIOR to the interview so that time isn't wasted.

For anyone else with drink driving offences only, the new legislation is outlined in the RESOURCES section of www.immigrate2us.net

Cheers.
Peta



Interesting! When Darryl went for his medical with Dr. Waks in Sydney, Dr. Waks told him that starting next year people with drink driving charges would have to see a psych before their interview....for exactly the reason you stated. To prove you don't have an alcohol addiction. So I guess they have already started this proceedure?


whisper2meFemaleAustralia2007-07-26 06:39:00
Asia: East and PacificPolice Certificates In Aussie Land
Thankyou for the response Loke.

I have finally received a response from the Sydney Consulate stating:

"You will be required to undergo an additional part of your medical examination which is now required for all visa applicants with drink driving offences. Not until we receive the physician’s final report would we be able to advise you whether or not you require applying for a waiver."

Apparently there is new legislation regarding alcohol related offences including drink driving in which you basically have to prove that you don't have an alcohol addiction or a mental disorder which would endanger others. I find this a little amusing given that I am a Psychologist here in Australia and have worked for the govt mental health system for over 10 years.

I am now trying to find out if i can have this additional medical PRIOR to the interview so that time isn't wasted.

For anyone else with drink driving offences only, the new legislation is outlined in the RESOURCES section of www.immigrate2us.net

Cheers.
Peta
whisper2meFemaleAustralia2007-07-26 06:02:00
Asia: East and PacificPolice Certificates In Aussie Land
Thanks for emailing me that info Kym.....very helpful.....

I still have a few questions but first need to explain my circumstances.

In 1991 (16 years ago) at the ripe ol age of 19 years, I was arrested and charged for drink driving. In 2005 (only 2 years ago), I was in a situation where I had consumed a couple of drinks in a club in the company of very blotto friends as I was the driver for the night. I had timed my 2 drinks so that I could savely drive home under the legal limit around 2am, however, when I had returned from the ladies room, I couldn't find their drunk a**es anywhere. I found myself in a situation where I was uncomfortable being on my own in the club and then also tried to find them in 2 clubs nearby without any luck. Anyway, my point is.....I drove earlier than I had anticipated because I wasn't expecting to be in that position and was only 0.03 over the legal limit, resulting in the minimum one month suspension of my license and a small fine. Call me stupid if you will, but it was a choice I made in that situation. So then, I have 2 DUI charges.

My questions are:

1. Has anyone seen any documentation on whether there is a time frame in which offences were committed and being able to apply for the K-1? I mean, do you have to wait a certain number of years after a DUI before you can apply?

2. Regarding Form DS-156 (Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?)

Is this where you are supposed to acknowledge your drink driving offences and answer yes or is this question purely for criminal matters? Do I answer no to these and then still provide details of the court hearings??

3. Does anyone know if I will need a waiver???

Sorry about going over and over this, but I'm trying to get accurate information so I can be properly prepared. It is also comforting to know of other people going through the same.

Confused North Queenslander,
Peta

I will also paste this in the waiver forum.
whisper2meFemaleAustralia2007-07-04 02:57:00
Asia: East and PacificPolice Certificates In Aussie Land
Hi Again!

Thankyou for all your quick responses. I phoned the nationwide Police Contact number today (for those who may ever need it: (07) 3364 6854) which specifically handles enquiries relating to Aussie Police Certs. She stated that a DUI offence is not listed as criminal offence and therefore is definitely NOT on the Police Certififcate.

I am assuming then that although this won't be included on any documentation, I should still acknolwedge it somewhere on the application. Has anyone else had this experience recently?

Cheers,
Peta
whisper2meFemaleAustralia2007-07-02 01:59:00
Asia: East and PacificPolice Certificates In Aussie Land
Hi there!

I am an aussie about to go through the K1 Visa Process. I am wondering if anyone could tell me whether or not a previous drink driving offense will be acknowledged on the Police Report or whether it is considered to be simply a traffic offense. Either way, I need to know whether or not to include this DD offense in the orginal application as I don't want to leave out info and look as if I'm hiding something. :whistle:

Thanks

Peta
whisper2meFemaleAustralia2007-07-01 01:57:00
Asia: East and PacificGood Luck Kym on Monday
So happy for you Kym!!! :thumbs:
whisper2meFemaleAustralia2007-07-31 01:42:00
Asia: East and PacificCR-1/IR-1 questions...
Hi there,

Fellow aussie from Cairns. Sweating my a** off up here at the moment though....lol

I have a couple of questions re: the CR-1/IR-1 route as my fiance and I have changed our minds about the K1 Visa and are getting married here in AUS in a few months.

1. What costs are involved throughout the entire CR-1 process and what are they? I.e AOS bill, I-864 and IV costs? I have 2 children who will be applying as part of this process so will that mean the IV cost X 3 persons?

2. What marriage certificate will they accept? Will they accept the documentation obtained on the wedding day which includes all parties signatures and witnesses or do they require the officially registered Marriage Certificate from Births, Deaths and Marriages?


Info appreciated on this.

Peta :-)
whisper2meFemaleAustralia2007-12-08 03:23:00
Asia: East and PacificRegistering of Marriage with Births, Deaths and Marriages
Hi there all,

Just wondered if anyone knows how long it taqkes for wedding certificates to come back from Births, Deaths and Marriages from the date the minister sends the info to the time the cert arrives in the mail. Can't send petition for K3 without it obviously. blink.gif

Cheers,
Peta
whisper2meFemaleAustralia2008-01-06 00:08:00
Asia: East and PacificComplicated question
QUOTE (consolemaster @ Jul 13 2008, 09:22 PM) <{POST_SNAPBACK}>
1.



2. Yes, you can apply for your SSN during your stay in the US and return Australia.



Thankyou but I'm still wondering if my green card doesn't arrive during my 3-week visit, will I still be able to get back in with my children using the Visa in my passport and not the green card?
whisper2meFemaleAustralia2008-07-13 07:08:00
Asia: East and PacificComplicated question
I am considering the idea of not travelling in Sept to see hubby as I'm not sure I want to throw $2300 down the drain if I am turned back at POE - not to mention the heartache. I wanted to know if on a IR1/CR1 visa I could do the following:

Travel to the states for a 3 week vacation once I receive my Visa to take a load of luggage and to set things up before my kids come over on their IR1/CR1 visa. At least this way I won't be turned back. Here are my questions:

1. Even if my green card hasn't arrived once I get there, could I return home to Australia to finalise work matters and collect my kids with such a short stay in the U.S? Would I just need the visa in my passport to make another entry or would I need a different document to come back and return again with kids? (I know the visa is only valid for 6 months).

2. During my 3-week vacation (if it is possible), could I apply for a SSN even though I'm travelling back to Australia to collect the kids, to return in a couple of months?

Your input is much needed. Cheers
whisper2meFemaleAustralia2008-07-13 00:19:00
Asia: East and PacificLAND DOWNUNDER
QUOTE (Chris & Mara @ Jan 9 2009, 06:26 PM) <{POST_SNAPBACK}>
QUOTE (whisper2me @ Jan 9 2009, 08:56 AM) <{POST_SNAPBACK}>
QUOTE (Chris & Mara @ Jan 8 2009, 05:07 PM) <{POST_SNAPBACK}>
Grats Annex!!!!

To say Im jealous atm the moment would be an understatement!

Anyhow hoping to get some advice here.

I know that I need to get a police check (Fingerprints thingy) and medical before I can get approved at my interview, and that they are both vaild for 12 months once they occur. I haven't gotten my NOA2 yet but if we have no more carrying on from USCIS and DISCO we should be on track to our notice in the next couple of weeks.

Should I head down to the local Police station next week and do the police check (should take 3 weeks for the results right) and then book the Medical once the NOA2 arrives?

I am really hoping on a quick turn around at this end of the scale because my current situation (living with my parents/sister, working in a job i should have been out of when I got my degree, having no car to go and visit mates or do anything and generally not being able to do anything thats helping me go forward) is driving me nuts.

I have a draw of stuff that I will take with me as proof to my interview, will be starting to print them off next week, what is the best way to display them? In a folder sorted into sections or just bundle them in groups with paper clips?

Also Chris is planning on Scanning me our orginal submited package (he has posted it 3 times to no advail) can he scan the documents I need to take with me to sydney as well or do they need to be posted/the orginal copies ?

Any suggestions?

- Mara (Stressing beyond belief down under sad.gif )



Hang in there!!! You're on the home stretch!

I just rocked up to the Police Station and filled out the application for Police Cert. with fingerprint check. All you need is your Drivers License as I.D and $153.70. On the form it has capacity for the documents to be forwarded direclty to the relevant Embassy. In my case with the IR1/CR1 Visa, I need to post it back with my application to the NVC in the states, so I left that bit blank so they would mail it to my home address - At least they better! lol They said it will take 2-4 weeks so definitely apply now.


Thanks heaps whisper smile.gif I think ill be much better once I hear word of that litttle piece of paper, USCIS has had the whole of our package back from DISCO since the 29th, thats more then ample time for them to hit it with the approval stamp and send it on its way....right?

Looks like ill be heading down to the local police station on Monday morning to see if I can get my fingers inky and spend some more money lol.

On the positive I feel like we are moving forward again in life today, Chris and I choose our reception venue and wedding date today, he is ringing Friday (US time) to book it and put forward the deposit, which is only $1000 and comes off the total bill, I was happily suprised that they didnt want my right arm and left leg at time of booking, apparently that just comes later... lol



Just letting you know that my Police Certificate only took 2 weeks to arrive on my doorstep :-)
whisper2meFemaleAustralia2009-01-20 22:39:00