shabee

this is the reply from the immigration attorney(I informed him that i am on H1B with a dwi conviction) "It says the Department of Homeland Security should - consistent with applicable law - prevent people from getting EADs if they have convictions. That "consistent with applicable law" is important. If the law says you can get the EAD, then you will be able to get the EAD. I think you'll be fine." PS: i couldn't get an appointment with the experienced and well reputed attorney who i regularly go to (his next appt date is on monday) , so I talked to some else(not a lot of experience and not that reputed)

@natan111thanks for the reply section 5 (c)(ii) in the executive order is very vague and really don't know what the implications are at this point. I have a DWI conviction(convicted in aug 2017 and probation done in 2018). I've had two H1B extensions(june2017 and may 2020) and one successfully visa stamp(may 2019) after the conviction. Anyways I am going to talk to an immigration lawyer and get the feedback as well

does this mean an alien with arrest record or conviction will be ineligible to work? The wording kind of scares me. Any takes on this?

Todays EO is making me tense especially the following (c) The Secretary of Homeland Security shall: (i) take appropriate action, consistent with applicable law, in coordination with the Secretary of State, to provide that an alien should not be eligible to apply for a visa or for admission or entry into the United States or other benefit until such alien has been registered with biographical and biometric information, including but not limited to photographs, signatures, and fingerprints; (ii) take appropriate and necessary steps, consistent with applicable law, to prevent certain aliens who have final orders of removal; who are inadmissible or deportable from the United States; or who have been arrested for, charged with, or convicted of a criminal offense in the United States, from obtaining eligibility to work in the United States; and full EO https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

@srs1610 I too didn't receive any email on revocation after my DWI arrest , that doesn't mean that ur visa isn't revoked. it most certainly was. Do one thing check ceac website and see for last updated date , if its updated +- week around ur arrest then yes its an affirmative on revocation. I answered yes, since its gonna be 221G anyway , wont cost u anything...

Looks like you were on probation and still are. Almost in every instance , the terms of probation involve leaving the city or county with the permission of probation officer for that probated period. Its really surprising that you terms of probation doesn't have this. Is yours unsupervised probation? I dont know , your situation is really wierd. One thing you can do is , go to county where you were arrested and convicted and check the public records. Check if there is an arrest warrant against you. If there is no arrest warrant , you should be fine. Get all documents related to arrest , court and probation and have them ready to submit when asked. but if there is an arrest warrant issued , then you are screwed , forget about ever getting to US. my two cents...

@theace you say you were convicted in may 2018 and travelled back to India in june 2018. Did you complete your probation in full? if your case in probated for 3 years which means technically its still goin on. Did you violate it and came back to India? Or do you have special arrangement with corrections dept? If you violated it then I bet your probation is revoked and arrest warrant issued...If thats the case then you ll not get the visa

You should mention it on ds-160. Be truthful. Drink and Drive without any injuries or deaths or property damage is not considered a CMT , so you ll have a good chance at visa approval. If you lie and get caught , its life long ban... Make sure you have all the court documents , police arrest document certified and translated to english . you will get a 221g(may have to visit a panel physician) and will be asked to submit these documents.

@goodluckguy111 Yes I have a DWI conviction. DV arrest and no charge means that you will be alright. Make sure you procure all the certified docs related to your case. Except for delays invloved due to RFES , admin processing and secondary inspections , there shouldn't be any significant impacts

need more details. what happened to your case? were you convicted or the case dismissed? You said you have H1B visa right? Didn't they ask about the case during the interview?

Big YES. you will have to report the arrest and conviction in DS-160.

In most cases the consulate wont send an email. But in all probability your visa is revoked.

you will have to go through physician's evaluation for sure.Consider your self lucky if they have you skip it. Anyways, be prepared for a 221g. Take all the paperwork. the entire process takes anywhere between 4-6 weeks typically and in some cases even more. Plan your trip accordingly

@Saketkumar1 It will almost certainly be administrative processing , you ll be really really lucky if you don't go through it. Be prepared for that. Good news is , since your case is dismissed you ll have no issues getting your visa. Make sure you plan for 3-4 week vacation on safe side.

@Ahaan Where are you currently? US or outside US? Your RFE sounds unique to me , never heard about it before. what is the consent you've to sign? Looks like you already informed your employer , then why do u need to sign it? Your case sounds very confusing , Please consult a competent immigration lawyer other than the one provided by your employer