DUI on OPT

[ANyhelpwilldo]

HI,

I am on F1 VISA and now on OPT EAD working fulltime. Recently on feb-11-2017 I got booked with DWI in Missouri and the arresting officer released me at the scene by taking my signature on couple of documents and booked a cab to home, my BAC was 0.12. I hired a DUI lawyer and he is negotiating with the prosecutor and told me judge has offered to lower the charge to alcohol blood percentage instead of DWI. And also after reading the police report carefully I noticed that under citizenship clause report states me as US citizen. Its my first offense never had any speeding tickets or any kind of tickets before. May 11th was my first court date nothing really happened nor any kind of settlement. My lawyer told he just started negotiating with prosecutor and will notify me with next court date soon. So, thats what so far happened with me. Now you know my story. I have couple of questions regarding my visa and OPT extension.

Q1. After i got dwi i started reading the impact of a dui/dwi on my visa and learned from so many online blogs that dui will result into visa revocation. My visa was issued by Hyderabad consulate in India, and its been two months I didnt get any notification or any kind of email from consulate about my visa revocation. Now here it gets really complicated. With so tiny knowledge I am not sure how a DUI will get reported to visa issuing embassy and they will revoke visa. If so my police report says I am a us Citizen even though i am not. Can I consider myself lucky and assume that my dui will never gets reported to visa issuing consulate. How optimistic I should be about not getting my visa revoked. Again this is all just in my head. There is no legal argument that i can make to support this. So any expert opinion or advice will be appreciated.

Q2. My OPT expires in JUNE 2017 and i already started the process to file for 24 months OPT extension. Again this question is linked to my first question. As a result of dui if my visa gets revoked will i get my opt extension approved? What are my chances? If i get any RFE what are the documents I need to submit and will not having a visa can effect my opt extension in any ways?

My case is really twisted or it may not be. But being in a situation where i am trying to find any comfort or hope that gets me going for couple of months from now. Because as the time goes JUNE 2017 will be here in a month and half I will get to face it for real. But till then I am really worried and want to prepare myself for any kind of results. So, any help is greatly appreciated. 

 

[lessonlearned]

don't worry about your OPT extension.  People get it extended . Just make sure u provide necessary documents if asked.

about visa revocation as u said u may got lucky as they marked u us citizen. if not check ur I-94 travel history. Usually that's a good indicator. 

My only advice would be dont repeat it again come what may. 

you may not get lucky everytime 

[pontevecchio]

You need to have an Immigration Lawyer discuss your situation with your DUI Lawyer before any plea is entered. You will not get expert opinions in a forum. Only educated guesses. Get an Immigration Lawyer involved NOW.

[mdummy]

3 hours ago, pontevecchio said:

You need to have an Immigration Lawyer discuss your situation with your DUI Lawyer before any plea is entered. You will not get expert opinions in a forum. Only educated guesses. Get an Immigration Lawyer involved NOW.

Lol!! I like that sentence Educated guesses!! But I really wonder is that educated guesses or wild guesses!! 

[pontevecchio]

Does it really matter? Experience is possibly the best teacher and the 10,000 Dollar ride home needs to be taken absolutely seriously.

[mohit32]

You were extremely lucky not to get arrested. Your BAC wasn't super low either. Few get breaks like the one you got and hardly any get them twice. So count your blessing and don't do this again.

[ANyhelpwilldo]

I appreciate all the reply's and suggestions guys. And mohit you are right may be i got lucky this time and I learned my lesson and I am never gonna get behind the wheel when I am drunk. But as they have my DL number and my DL is directly linked to my OPT EAD and VISA I dont know if my visa is revoked or not.

[natan111]

Hopefully you did not sign any forms that stated that you were a citizen of the US. False claims of US citizenship are grounds for permanent bar from the US. When you sign a form you usually must agree that all statements in that form are true to your best knowledge. So if the forms that you signed with the police officer stated you as a US citizen, your DUI is the least of your problems. When you apply for GC or citizenship you will be asked if you have ever claimed to be a US citizen. For this reason I always triple check any form before signing it (US citizenship is often a default option).