Successful H1B visa stamping in Canada Ottawa on SEP 23rd with DUI case


iham

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Hi all, sorry for posting my experience little late. But I wanted to share my experience because I had very hard time to understand what documents I need to take care, and how I need to be prepared for the H1 visa Interview after getting DUI.

This is my experience only, I am not suggesting this is the process. So Please be prepared for the interview in regards to your case.

 

Canada Visa Applying:

 

This is the hardest part where I thought I would never get Canada visa , because after reading so many forums and suggestions I understand that it is very hard to get Canada visa with DUI. I even talked to so many lawyers’ regarding this and every one said I wouldn’t get it and asked me to go to my home country to get the visa.

 

The reason why I didn’t want to go to home country is because of my personal reasons not because I thought it would be an issue when I go to India. One of my friend who went to India got the visa with DUI as well.

 

I have talked to an immigration attorney as well. Attorney mentioned that they have seen some cases in India where applicants had issues after taking the Physical check up and Physician doing some mistake in the report.  I do not know where and which consulate though. Attorney mentioned she did not see many cases in Canada regarding DUI and said mostly I would be sent to Physician for checkup. 

 

I tried to talk to a lawyer in the Canada and he was very rude and told me that I will not get the visa and asked me to apply for Temporary permit visa (which I later found that I cannot do that because I am from India I think). I found lot of information in the Canada visa applying website only so please refer to that website.  I have applied for normal TRV. If you go to Canada website and it ask for all the information, I have answered Yes for question “have you ever been arrested) I think if you mention yes only it will ask you to upload a document online for the police certificate. Another thing what I learnt about the Canada visa with DUI is it goes cases my case to approve the visa because it would be the decision which will be made under “Pardon of the officer in review of your case”

 

As per the laws of Canada, any DUI offense is considered as a criminal offense, which would be inadmissible for applying visa without the proper documents so be careful while applying the Canada visa.

 

 

Documents I have taken care of for Canada.

1. Passport
2. I-797
3. Employment letter
4. 3 Months Paystubs
5. 3 Months Bank Statements
6. Forms 5257 and 5645 (Fill online and take printouts )
7. Digital photo (which I cropped using some websites)

 

Below is another list because you have DUI:

 

1. Police criminal background check (you can get this at your local police station or they will guide you)

2. All DUI documents. (fine receipts, Court documents, any course certificates any device certificates, parole officer letter if possible)

3. Attorney letter regarding what’s the out come of the case.

4. Letter to the consulate regarding what documents you are submitting to prove that you have done everything as part of the DUI program.

4. Another form which I forget the name (that you will know when you are filling up 5257 document. In that document it says if you say yes for this you need to fill another document) (in that form all you do is just say No for all questions I think, but you have to do this form) 

 

I have applied it online and it took me 25 days for getting a reply from the Canadian embassy to send me my passport.  I sent the passport and I got the stamped visa in a week.

 

Tip: If your  passport is expiring then renew it and then applying for the Canada visa because I got my visa for 10 years (Until passport expiry). You can only renew if it gets expiring in a year (Indian passport).  Make sure you renew it way head because Indian consulate tend to delay this very much (Mine they said they lost it when I went and asked why it is getting delayed, then I had to wait for 2 days for them to check all the files and then they found it, It was last minute thing). For Canada visa once they asked you to send passport you have 30 days I tried to request them that my passport is with Indian embassy for renewal but they did cared they said I has to have it. So I went to Indian consulate and stayed there until they find it.

 

Trip to the Canada Ottawa:

Me and my friend drove to the Ottawa from Vermont. I was expecting questions about DUI. But nothing was asked and it went very good without any issues. If you are driving to the Canada make sure you have GPS otherwise the signs are in French and you can get confused. Remember "Oust" means "east" rest can be identifiable. Make sure your GPS has Canada maps otherwise get it upgraded online. (I have done it for $59). When driving remember the speed is in KM not it miles because you can get carried away and the fines in the Canada is very high (based on the signs posted).

 

Hotel booking, Remote working, Money exchange, Cell usage:

If you are looking for a hotel to have a good wifi and Internet make sure to call ahead and ask them. The first hotel I stayed Embassy hotel and suits had wifi but not so good to work remotely. The best away I got a hotel is to bid in the price line. Next hotel I stayed in capitol hill and it had good wifi I was able to work remotely with their basic access. Location wise the bank street is very good you can find Indian restaurants as well.

 

Regarding currency exchange you can get the US dollar to US Canadian exchange in any bank if you have  US dollars. If not, if you have the bank of America then you can draw the money from the local scotia bank and you can see the ATM for this bank very common (BOA will not charge you for it). If you want to use your credit cards make sure you call your credit companies ahead and notify them. Make sure your phone is turned off unless you are using wifi otherwise you will get charged with international charges.  If you want to get a phone plans in the Canada it is reasonable, you can get something like for 1 month and messaging and data plan for $89 (you need to have copy of the passport and ID card, but most of them only accept Canadian credit card when I tried at one of the small store in mall they accepted my American express when I showed it). You can get the data plan tether the device if your hotel doesn’t provide Internet. Ottawa is little bit of tourist place. For transportation, there is bus facility and enterprise as well; to drop the car from Canada to USA it will be little expensive. My friend did it from Ottawa to PA for around $300 at airport. 

 

VISA date and DS-160:

After I got the Canada visa I started preparing for the Visa data. For Ottawa you can find the date pretty much when you want if you look for it a month ahead.

 

If you want to get the appointment first and then do the DS-160, You can do that as well that would save you time in getting the date sooner. When you start the DS-160 it will create an ID, with that ID you can book the date and change the date as many times as you want.

 

When filling out DS-160 the most important thing to remember is that if you have DUI offense you need to mention it in the forum (Unless proven NOT GUILTY). You have to mention “YES” for the question have you ever been convicted?

The documents that I have prepared for the interview are pretty standard along with them all the DUI documents that I have used for Canada visa.

 

Day of interview:

I went there 15 minutes before the interview time. And went through the security check. You can carry cell phone but you need to give it to the security and then you can pick it up when you are leaving.

At the entrance, checked my passport old and new passport and then appointment letter and I-797. Sent to the counter 6 and then my passport and I-797 is taken and gave a number and asked me to wait. Then I was called for the fingerprint and then waited for 2 hours because mine was almost last appointment. There were 3 counters active and 2 of the counters are dealing with H1 visas. I have seen some of them getting stamping successfully (at least 10 I saw getting stamped 2 getting blue slip). One of the counter the VO is very cool and on another one the VO is all about the job. I got sent to the VO who is very cool.

 

Following are the questions that were asked to me.

 

VO: As soon as I went there VO saw me and said smiling “It looks like you have done something wrong“

 

Me: I said I think you are referring to my DUI officer (Smiling)

 

VO: Yes please explain.

 

Me:  Officer I have done that mistake on this date. Went out with my friends had couple of drinks while coming back I was caught. I have realized how big of a mistake that I have done from that incident. I learnt my lesson and did all things court asked me do. Things include paying fines, attending classes and completing course, having a device in my car, doing public service and so on..

I explain how regretful I was and then said I was sober for a year.

 

VO: Are you a alcoholic

 

Me: No sir

 

Me: I have all the documents related to the DUI would you like to see it officer?

 

VO: Yes please

 

Me: I handed out all the documents related to DUI in the order that was mentioned in the letter. Original documents.

 

VO: Checking all the documents asked me how much you blow.

 

Me: I didn’t give breath analyzer test officer. But that offense has been dismissed because I pleaded guilty officer.

 

VO: while checking every document of my DUI gave me some advice not to do it again.

 

Me: yes sir I wouldn’t do such a thing and I will not be in any way do the harm to the society.

 

VO: everything looks good on your DUI can I keep your DUI original document?

 

Me: Sir, I would like to give you the copies of all the DUI.  (Gave him all the copies and took the originals.)

 

VO: called some one and told the whole story and gave my passport and copy of all my DUI documents. Asked him to do

something I am not sure what it is.

 

VO: Can I see your Employer letter ?

 

Me: yes

 

VO: Who you work for? What is your job:?

 

Me: I explained about my job details.

 

VO: Typed something in the computer and gave me a white paper and said you will get your passport in 3 to 4 days.

 

Me: Thank you officer and left. I was so happy that he didn’t referred me to physical check up.

 

All along this is what I was prepared for the interview that I will be sent to the physician and then it will take some time (Like 2 weeks) to get everything done. But luckily it was done in exactly one week including sat & Sunday. I mean I got the passport with visa stamped in one week. I have seen some of them getting it in 3 days (with out any such issues like DUI) (Usually due to the PIMPS verification).

 

I returned to US in Grey Hound. At the customs I was pulled to the side from the rest and verified all the details about me. Regarding have I ever been convicted I said Yes and explained. Then asked where I am going and when did it happen like that. After 15 minutes checked everything and gave me new I-94 and said welcome to US.

 

Highlights of my case, which I thought I need special attention:

 

I worked in CPT as well

I got DUI

I worked for EVVC model.

 

I hope my experience would benefit you.

 

Thanks and best of luck to you all.

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Thanks iHam for sharing your experience in details.

 

Could you please let us know if we can take cellphones/keys to embassy?

 

Also, what is the process of I-94 issuance if one is departing from Ottawa by train/bus? I am yet to plan my travel back from Ottawa to NYC and if you have any pointers cia Amtrak/Bus, I would appreciate that.

 

Thank you.

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Hey iham, Thank you very much for sharing your experience and documenting all the details, I am sure it must have taken quite effort to write such detailed  post. I personally appreciate your help very much and thank you for this information, I am sure others who are in same situation too appreciate your help.

 

Could you please disclose month/year when you got arrested for DUI and when month/year when you got convicted?

Thanks again, your post have been very great relief.

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  • 1 month later...

Hi Iham,

 

Appreciate your patience and effort in writing such a nice and detailed one. I am on the same boat. Got my DUI in July 2012. I am on H1B and it's been 5-6 yrs now, I haven't went to India yet.

 

I have couple of questions -

 

1. When you say police certificate, is it the one where we have to do finger prints and send to FBI ? How long FBI took to send the information back?

 

2. Police criminal background check - under DUI section : Is this the same as above info from FBI?

3. Parole officer letter: Is this a Letter from the officer (no letter from him) who caught or the probation officer (I have some) ?

 

3. My DUI was from Kansas and the attorney said I am not either convicted not guilty so what option I have to Check
for the Convicted question?

 

Thanks and appreciate your help.

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  • 3 weeks later...

Hi Iham,

 

Appreciate your patience and effort in writing such a nice and detailed one. I am on the same boat. Got my DUI in July 2012. I am on H1B and it's been 5-6 yrs now, I haven't went to India yet.

 

I have couple of questions -

 

1. When you say police certificate, is it the one where we have to do finger prints and send to FBI ? How long FBI took to send the information back?

 

2. Police criminal background check - under DUI section : Is this the same as above info from FBI?

3. Parole officer letter: Is this a Letter from the officer (no letter from him) who caught or the probation officer (I have some) ?

 

3. My DUI was from Kansas and the attorney said I am not either convicted not guilty so what option I have to Check

for the Convicted question?

 

Thanks and appreciate your help.

Hi doome,

 

I am in the same boat,got a DUI ticket in topeka kansas on may 2012, got a dui diversion ,done with all the requried stuff by Jun 2013.am going to jamaica on this feb 18th for my h1b visa interview.

 

have you been to visa interview..what did you do ??

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  • 3 weeks later...
  • 1 month later...
  • 7 months later...
  • 5 months later...

Hi Iham,

Thanks for sharing your experience. I got charged with DUI on Feb 21,2015 and my case is in pre-trial. My pre-trial date is Aug 27. I have to go for h1b renewal / extension and wanted to know if I can consider going to Canada right now when my case is in pending stage. i do have a tourist visa for Canda. You went to Canada an year after your case and fulfilling all punsihments / penalties.

 

Thanks in advance for your feedback.

 

Best Regards

bv

 

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