Can I Get a U.S. Visa With a DUI on My Record?

A DUI is grounds for the U.S. consulate to refer the applicant to a civil surgeon for an evaluation concerning alcohol abuse.

Question

I’m applying for a U.S. visa, and I have a conviction on my record for drunk driving, after having been breath-tested during a random stop last year near where I live (in Australia). Is this going to present any problem for my U.S. visa application? I’m not an alcoholic, though I do enjoy going out drinking with friends.

Answer

By itself, a single DUI does not automatically make a person inadmissible to the United States. (See Crimes That Make U.S. Visa or Green Card Applicants Inadmissible and the grounds of inadmissibility in Section 212(a) of the Immigration and Nationality Act (I.N.A.).)

But you still have to get past the official medical exam with a civil surgeon (a doctor) in your country. And one of the things the doctor will be looking at is whether you might be an alcohol abuser. As stated in a State Department set of guidelines called the Foreign Affairs Manual, at 9 FAM 302.2-7(B)(3)(U), a diagnosis of having a substance-related disorder does not by itself make an applicant ineligible for a U.S. visa, "unless there is evidence of current or past harmful behavior associated with the disorder that has posed or is likely to pose a threat to the property, safety, or welfare of the applicant or others in the future."

If you are applying for an immigrant visa, which leads to a green card, a medical exam is an automatically required part of the process.

But even if you’re applying only for a nonimmigrant, temporary visa, it’s entirely likely that the U.S. consulate in Australia that considers your application will, upon seeing the drunk driving conviction on your record, refer you to a civil surgeon for evaluation. The FAM directs them to do so in cases where there has been:

  • a single alcohol related arrest or conviction within the last five years
  • two or more alcohol related arrests or convictions with the last ten years, or
  • other evidence to suggest an alcohol problem.

What happens after that is largely up to the judgment and expertise of the civil surgeon. You will not be allowed to see the report that the doctor prepares concerning you. If you are found inadmissible, however, you may apply for a waiver with which to enter the United States. Preparing the waiver request is best done with the help of a U.S. immigration attorney.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
NEED IMMIGRATION HELP ?

Talk to an Immigration attorney.

We've helped 85 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you