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Thread: FBI background check & breathalyzer test

  1. #1
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    Default FBI background check & breathalyzer test

    I am an American currently on a visitor visa and I am trying to find out if anyone has had a problem gaining residency or applying for a working holiday visa with a "failure to submit to a breathalyzer test" on their FBI record. My partner is trying to sponsor me for residency; will that help me at all?

    thanks for your time

    Rach

  2. #2
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    As to the specific offence, I've not seen anyone else mention it, but of fairly recent times there have been forumites who managed to get PR by asking for a character waiver for quite serious things on their record - they'll come up on a search. The requirements seem to be to admit fully what was done, to stress how sorry they were and how differently they see things now from their youthful self, and give a couple of references from people in good standing as to how reliable they now are.

  3. #3
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    One of the things that complicates the answer to your question is that, as an offense, it varies dramatically in severity depending on the local jurisdiction. For example, in NJ, it's a traffic infraction (i.e. -- not a crime), whereas in NY, a second offense within ten years is a felony.

    I'd think that if it's a single incident, gaining a waiver shouldn't be that difficult.

  4. #4
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    I doubt it, personally. Hubby successfully gained his UK spouse visa with a "common assault" record (didn't take too kindly to nearly being run over so thumped the driver..), which was a definite offense, while refusing a breathalyser test proves little either way.

  5. #5
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    Quote Originally Posted by sks View Post
    One of the things that complicates the answer to your question is that, as an offense, it varies dramatically in severity depending on the local jurisdiction. For example, in NJ, it's a traffic infraction (i.e. -- not a crime), whereas in NY, a second offense within ten years is a felony.

    I'd think that if it's a single incident, gaining a waiver shouldn't be that difficult.
    I'm not from NY (or an expert on drunk driving), but I believe you're mixing up DWAI (driving while ability impaired) with DWI (driving while intoxicated). DWAI is defined by an alcohol level of 0.5 to 0.8% (sorry I don't know what that is in the rest of the world), wheras DWI is >0.8%. 0.5% is considered responsible driving in most of the US.

    Sorry, misread your post. I'm just going to stay off the streets if I'm ever in Jersey.
    Last edited by 72andsunny; 2nd December 2009 at 01:03 PM.

  6. #6
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    Quote Originally Posted by 72andsunny View Post
    ...I'm just going to stay off the streets if I'm ever in Jersey...
    The only reason NJ treats it as a traffic infraction is so defendants don't have a right to a jury trial. Enforcement is rigid and penalties severe, so don't stay off the streets on that account.

  7. #7
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    Working Holiday Visa should pose NO problems as long as you declare it and maybe put a brief explanation.

    As others have said, residency application would require a character waiver.

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