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F1 and H1 visa stamping for arrest record (DUI) - Successful story.


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#1 mitsu3000gt

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Posted 21 September 2012 - 01:34 PM

Hey,

I am new to immigration forums. I never checked any of these until recently my wife planning to get her H1 visa stamping done. As I was browsing through, I saw some posts with arrest record. I would like to share my story as well, thinking it helps people here in the forum...This is an old story through.


I had DUI in 2005. I was guilty and finished the court punishment. I have been to US consulate twice after the conviction (one for F1 renewal 2008 and other for first H1B 2009). I contacted my atty before going to Visa and he suggested me to check YES to have you been arrested for DUI. This is how the conversation went for my F1 renewal in 2008.
This was in Chennai, after normal greeting thing...
VO: what school are you going to?
me: ****
VO: is this the same schook you have been to ?
me: Yes
Meanwhile, he asked to scan my fingers. I guess its then it popped my arrest record.
VO: Tell me what happened, why were you arrested?
me: I had DUI in city**** during summer 2005. I was guilty and finished all the necessary work to be done according judgement.
VO: what was the work?
me: DUI classes, fine, community service, license suspension for 30 days etc
VO: How much did you pay the fine?
me: It was ****
VO: Unfortunately, I can not give you visa this time..But, it doesnt mean rejection. You have to follow these instructions listed in here.
me: But, I have to attend couple conferences in Japan and Korea next month and one in US. Can I get this process expedited. Here are the supporting letters for this.
VO: well, I will try my best to expedite the process. I understand you are very important to your research group.
me: Thanks..
me: btw, I have these court and police records in case you want.
vo: yes sure..He took the records and went through.
vo: OK, send me these documents in mail along with your passport.
me: thanks.

He gave me pink or orrange 220g form. Also, he gave me a document that asked me to go and see a physician (doctor). I called this doc and took an appointment for the same day. Doc told me to get some liver tests done and also a psychiatric test. These two tests are just to prove that you are not a chronic alcoholic. Doc also told me that, I will be lucky if I get my visa in 3 months. He saw people waiting 6 months for this. When I heard this, I was like ****. I cant wait this long. these conferences in Asia and US are most important to my career and school..However, I received my documents and passport stamped in less than a week..That was a big break through. I called the doc and said about my passport stamped in a week. He couldnt believe. I guess, in my case the urgency to travel made me to get passport earlier than expected. I got this passport on monday noon, and took the flight to Japan same day evening.

The second visa experience was funny. I went to US consulate in HYD for my first H1 visa.
after they scan my fingers...
vo: What are we doing here?
me: I am here for H1b visa stamping officer.
vo: smiles...again smiles...tell me the story..
me: I smiled again....are you referring to my arrest record?
vo: yes, why? do you have more than one story..
me: smiles...not really.
me: Ok, this was in ********************. I felt guilty...****** (same long story)
vo: so, was it a good party..
me: yes, it was. I hosted it.
vo: smiles..nice...do you have your arrest record with you.
me: yes, ...I handed over..and said, I was issued F1 visa after I got convicted.
vo: OK. let me see. ..after a min, let me check with my supervisor.
vo: he comes back in less than a min...and says, OK, you dont have any problem on this now.
vo: tell me about your employer?
me: I told..
vo: why do you have your company name like this? what does it mean
me: I explained.
vo: what do you do for them?
me: explained..
vo: Unfortunately, I can not give you visa at this time. Its not because of your DUI, but its because I have to check something avout your company.
me: OK
vo: he gives me 221g and askd me to send all the docs via mail.

I get my passport back with visa stamped in 10 days. Again, this was in HYD.

I usually travel alot across the world and I never had any problem at port of entry. However, last three times they stopped me at port of entry and sent me to secondary screening. They asked me about my arrest record and make sure that I dont have any trials going on. They also said that, they will stop me until I become good citizen..????????????? Grr..

It will be 7 years this month I have been arrested. Not sure everyone know this but you can get this off your record with some small court work. I am planning to do this next month. This makes your record to disappear at law enforcement and immigration. However, FBI can you pull this out if they need to.

I was issued visas to atleast 8 other counties with no sweat after this DUI. by the way, I am not in IT industry. I am an Electrical Engineer working full time. Hope my experience helps you guys..feel free to contact me if you have any other questions..

#2 Blue_cap

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Posted 23 September 2012 - 02:25 AM

HI

Thank you for sharing your experience. I have one question. You said there small court work to remove records to disappear from Immig and law enforcemment. Is it expungment process? or something else. Can you please provide more details about this? please send me test email to immihelp12 @ gmail com. I have also DUI on my record.




Not sure everyone know this but you can get this off your record with some small court work. I am planning to do this next month. This makes your record to disappear at law enforcement and immigration. However, FBI can you pull this out if they need to.

#3 mitsu3000gt

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Posted 24 September 2012 - 10:40 AM

Yes, this is expunging DUI case. However, it is not possible in all states. The state where I was convicted of DUI does expunge my DUI after 7 years (if there is no case in past 7 yrs). Please check with your state. I would just call some random attorney and find about it.

#4 krishh1b

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Posted 24 September 2012 - 03:30 PM

HI Mitsu3000gt

that was great post, actually I am having same prob like others DUI in NYC in 08 and I have 797 till 2014, I was on h1 ever since I was in USA, so I am planning to go for stamping in hyderabad this dec, what can I expect from them, where should I get doctor appointment, is it possible to get this done prior to stamping

your help is much appreciated

#5 mitsu3000gt

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Posted 25 September 2012 - 10:50 AM

Krishh1b,

If I get things correctly, you can not schedule appointment with doctor prior to your interview. I heard that, if you are lucky VO may not ask you for doctors report (in case DUI is long long ago). In addition to that, I do not know which doctor is working for HYD consulate now. I went to Chennai (there was no consulate in HYD then) for visa stamping and they assigned me a doctor in Chennai. I still remember that there will be only one doctor working for consulate.

It is highly recommended to carry your police records, court records, atty paper work stating that you have finished all your court judgement. Some time back, they even asked me the proof of community service at port of entry. Remember that you mostly will be stopped for secondary screening at port of entry and its better to plan for this.

#6 11thMarch@Vancouver

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Posted 25 September 2012 - 03:56 PM

@Mitsu3000gt - Thank you very much for posting your experience about dui and h1b stamping.

This will boost my confidence.

I came to USA on F1 and now i m on h1b status. I have a dui and planning to go for visa stamping.
can you please tell me what DUI related documents u have submitted at VISA Office.
Did you had ur criminal background check report with you from FBI when u went for stamping?
If you dont mind can you please give me your email ID.

#7 mitsu3000gt

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Posted 26 September 2012 - 11:07 AM

@H1Bstampinganddui
I think I carried
1) arrest record
2) jail release report
3) traffic ticket
4) hiring atty document
5) court judgement
6) receipt of paying all the fines
7) proof of attending dui classes, Victim Impact Panel, community service.
8) complete criminal record from local court with their attestation. record says if the case is dismissed or pending
9) letter from atty saying the case status

I believe VO looked at 8) and 9).

I do not have FBI background check report. That is something I would like to take next year, once my DUI wipes off record.

Please drop me your email id, so that I can do a test email

#8 11thMarch@Vancouver

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Posted 26 September 2012 - 04:24 PM

@Mitsu3000gt - Thanks again for posting all the docs list. This is very helpful.

You can reach me on it.email2me@gmail.com

#9 vijayChauhan

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Posted 26 September 2012 - 06:35 PM

hi mitsu3000gt,

You said you have travelled to other countries after this DUI conviction do other countries also ask about arrest information like US asks in DS-160 and for what all countries have you got visa after this DUI conviction.

Mine is only arrest record and i was found not guilty but not sure if that would be a problem in getting visa.

Regards,
Vijay.

#10 mitsu3000gt

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Posted 27 September 2012 - 10:41 AM

I obtained China, Japan, S.Korea, UK, Singapore, Thailand, Taiwan, Philippines, Mexico visas after DUI conviction. I always said YES to arrest on visa applications.

#11 vijayChauhan

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Posted 27 September 2012 - 04:15 PM

Hi Mitsu3000gt,

Thanks for you quick help i have few more question does process of getting visa in other countries got longer becasue of this and were they asking question about your arrest and what all details do we need to furnish in these form related to arrest.

Does it says conviction in other countries form or says arrest?


Regards,
Vijay.

#12 mitsu3000gt

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Posted 28 September 2012 - 10:54 AM

I guess most of them asked "convicted"...No, I never had any problem obtaining visa to any other country. I use visa agent www.*********.com They help you out in getting visas quickly

Getting US visa the toughest thinng. Once you get it, its not that of a hassle to obtain any other country.

#13 11thMarch@Vancouver

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Posted 28 September 2012 - 02:05 PM

@H1Bstampinganddui
I think I carried
1) arrest record
2) jail release report
3) traffic ticket
4) hiring atty document
5) court judgement
6) receipt of paying all the fines
7) proof of attending dui classes, Victim Impact Panel, community service.
8) complete criminal record from local court with their attestation. record says if the case is dismissed or pending
9) letter from atty saying the case status

I believe VO looked at 8) and 9).

I do not have FBI background check report. That is something I would like to take next year, once my DUI wipes off record.

Please drop me your email id, so that I can do a test email


@Mitsu3000gt - Would you please send me test email on it.email2me@gmail.com

#14 akshar88

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Posted 01 October 2012 - 10:13 AM

@mitsu3000gt

Hi

Does DUI count as an act of misdemeanor or an infraction? Also, since you were "proven guilty", do you count for being convicted for the misdemeanor act or infraction?

I was given a Noise Citation in November 2011 and had those charges dismissed on account of "admitting responsibility" for an added civil infraction (in my city the exact statute for civil infraction says that if the cause of noise cannot be identified, the host will be fined). I paid the fine for the civil infraction and the case was closed.

Any inputs please?

#15 mitsu3000gt

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Posted 01 October 2012 - 11:37 PM

@Akshar: I am not sure about this.

#16 mitsu3000gt

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Posted 01 October 2012 - 11:38 PM

by the way, here is the article in murthy that is published today. This clearly explains DUI cases.
http://www.murthy.co...riving-records/

If this link is not visible, please search for Oct1st released murthy articles.

#17 lost4life

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Posted 25 November 2012 - 10:47 PM

Hi mitsu000gt, Did you hire any attorney? or did you had to get any guidance? My husband has one arrest record and waiting on 221g, can you email me lost4life221g@gmail.com

#18 mitsu3000gt

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Posted 27 November 2012 - 02:13 PM

Hi mitsu000gt, Did you hire any attorney? or did you had to get any guidance? My husband has one arrest record and waiting on 221g, can you email me lost4life221g@gmail.com


Yes, I had DUI attorney assisted me throughout proceedings. No, I donot have any immigration attorney. I work for a small company with 9 employees, myself being only H1. I file my own paper work for immigration except for GC where I hired an atty.

No, I didnt hire any atty when I was struck in India with 221(g)

#19 Bad time

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Posted 30 November 2012 - 03:14 AM

Hi mitsu,
Thanks for the info. I recently charged with DUI. I hired attorney, I am going to India in jan and would come back in feb.

I have everything planned but received a DUI unfortunately .
I will be going to visa stamping when I go to India for my H1B first time stamping.
Hired an attorney he says that he will continue the case untill I come back and later we can close the case.
I received my BAC report.
Will I face any problem if I go to stamping since my case is pendng?
What are all the documents that I need to carry while going to stamping.

Thanks

#20 mitsu3000gt

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Posted 30 November 2012 - 11:37 AM

Will I face any problem if I go to stamping since my case is pendng?

Thanks


I am not sure, if you can leave the country when the case is pending. I would check again with atty and carry necessary documentation for travel


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