DUI in Michigan, will be going to India for marriage (might be during probation)

mrav85

By mrav85,
in Criminal Issues

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mrav85 Advanced Member

mrav85

Posted
Posted
Hi,

 

I am on H1B visa status and I was arrested for DUI at Michigan in Jan 2015. I'm applying for my last H1B extension now; as it expires in Jul 2015. I have my marriage planned in Septembet first week 

at Chennai. I have to go for stamping when I goto India to enter back into US. I am already going crazy thinking about what is going to happen for the extension that my employer is applying. 

I have my court date as March 5th 2015. I guess, I will be on probation during the time of my marriage. 

 

Q1: Will the judge / court let me go to India for my marriage in september? Is there a process to get permission stating this reason?

 

I hired a DUI attorney and I have been asking him so many questions. These are the questions I am asking and he is telling me that I am too fast in getting to know what will happen:

 

Q2. Like will I lose my job?

Q3. When I goto India for my stamping what's going to happen? (Note: I read that I may have to go through some tests at Apollo hospital and all)

Q4. As my employer is about to file my GC, will there be any impact because of this?

Q5. I am going to India on a month's vacation. Will there be a delay in getting the visa?

Q6: When I come back - will the PoE people stop me stating this reason? (They stopped and sent me to ICE folks when I came back in Jan last week this year. It was not a big problem though in Jan)

Q7: What documents will I get from court when I goto India (when I am on probation)?

Q8: Can I go for physical panel before I go for stamping and do the hospital gives the report to me or they send it to embassy directly?

 

Note:

I know that I have to pay fines, restricted license and community services are all possible as a punishment. Attorney told me that the probation can be initially 1 year and later depending on the

character / behaviour, the judge may reduce it to 9 months. But, going in between the probation for marriage is what making me think a lot. 

 

Anyone with this same situation? Any help / suggestions would be highly appreciated.

 

One request to all here is - Dont drink and drive! For people like us who are on H1B, it costs our life. 

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Andy.Pondy Member

Andy.Pondy

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Posted
Q1: Will the judge / court let me go to India for my marriage in september? Is there a process to get permission stating this reason?

 

=============> I think it's possible to get permission. 

 

I hired a DUI attorney and I have been asking him so many questions. These are the questions I am asking and he is telling me that I am too fast in getting to know what will happen:

 

Q2. Like will I lose my job?

 

==============> I don't think so. 

 

Q3. When I goto India for my stamping what's going to happen? (Note: I read that I may have to go through some tests at Apollo hospital and all)

 

===============> It's more probable that you will be referred to a physician's panel.  

 

Q4. As my employer is about to file my GC, will there be any impact because of this?

 

================> You will have to tell about your arrest and conviction during I-485. Nothing required during PERM and I-140 stage as both are employer applications. 

 

Q5. I am going to India on a month's vacation. Will there be a delay in getting the visa?

 

=================> Depending on physician panel's report. People usually take 4-6 weeks time. 

 

Q6: When I come back - will the PoE people stop me stating this reason? (They stopped and sent me to ICE folks when I came back in Jan last week this year. It was not a big problem though in Jan)

 

==================> That's because your fingerprints are hit. 

 

Q7: What documents will I get from court when I goto India (when I am on probation)?

 

===================> Final disposition letter if available. And other documents related to your arrest,court notice and payment of fines,etc. 

 

Q8: Can I go for physical panel before I go for stamping and do the hospital gives the report to me or they send it to embassy directly?

 

=====================> No. Remember, this is something that Consulate requests the physician to do it. 

 

 

 

I know you're deeply stressed now because of this. That too the marriage is in the next few months. I hope everything works in your favor. Don't be frugal in spending for a lawyer. Get a top notch lawyer to fight this case. Also, have a immigration lawyer involved to have the best outcome for immigration purpose. 
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mrav85 Advanced Member

mrav85

Posted
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Posted

Thanks Unlucky12, Andy.Pondy and pontevecchio for the responses.

 

Couple more questions I have:

Q9: Will there be any impact to H1B extension that I am going through with my employer? (like will the petition go to RFE)

 

Q10: On the safer side, If I have to goto India and try to get a job - will this cause any issue in seeking a job there?

 

Q11: And by any chance, if I get an onsite opportunity to US couple of years down the line - will there be any issues in getting H1B or GC?

 

I am confused and going through a lot of stress. Please advise.

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  • 3 weeks later...
mohit32 Member

mohit32

Posted
Posted

 

Hi,
 
I am on H1B visa status and I was arrested for DUI at Michigan in Jan 2015. I'm applying for my last H1B extension now; as it expires in Jul 2015. I have my marriage planned in Septembet first week 
at Chennai. I have to go for stamping when I goto India to enter back into US. I am already going crazy thinking about what is going to happen for the extension that my employer is applying. 
I have my court date as March 5th 2015. I guess, I will be on probation during the time of my marriage. 
 
Q1: Will the judge / court let me go to India for my marriage in september? Is there a process to get permission stating this reason?
 
I hired a DUI attorney and I have been asking him so many questions. These are the questions I am asking and he is telling me that I am too fast in getting to know what will happen:
 
Q2. Like will I lose my job?
Q3. When I goto India for my stamping what's going to happen? (Note: I read that I may have to go through some tests at Apollo hospital and all)
Q4. As my employer is about to file my GC, will there be any impact because of this?
Q5. I am going to India on a month's vacation. Will there be a delay in getting the visa?
Q6: When I come back - will the PoE people stop me stating this reason? (They stopped and sent me to ICE folks when I came back in Jan last week this year. It was not a big problem though in Jan)
Q7: What documents will I get from court when I goto India (when I am on probation)?
Q8: Can I go for physical panel before I go for stamping and do the hospital gives the report to me or they send it to embassy directly?
 
Note:
I know that I have to pay fines, restricted license and community services are all possible as a punishment. Attorney told me that the probation can be initially 1 year and later depending on the
character / behaviour, the judge may reduce it to 9 months. But, going in between the probation for marriage is what making me think a lot. 
 
Anyone with this same situation? Any help / suggestions would be highly appreciated.
 
One request to all here is - Dont drink and drive! For people like us who are on H1B, it costs our life. 

 

I have just finished going through the ordeal, so I know the worst case scenario. Couple of things. Its best to get your DUI record expunged. Obviously that might not be possible. So be prepared to get the 221(g) and go for the psych eval and blood tests at Apollo. I'm from Delhi and went to Max.

Get 2 passport photos and plenty of Indian cash ready  and be ready to go to Apollo the same day. The good thing is you should get your VISA within the month but do your best to build a buffer with your employer. No worries. A 221(g) is no longer the end of the world and If you're really lucky you might not get one at all. 

Finally don't lie on your ds 160.

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  • 2 weeks later...
mrav85 Advanced Member

mrav85

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Posted

All,

 

My charges have been reduced to OWVI (Visibly Impaired). Any idea this reduced charges will be helpful during my visa stamping? Is there a way, that another reason can be given for this visibly impaired driving? (like driving without contact lens...)

Or the original note will be present in the record?

 

Please advise.

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  • 2 weeks later...
owvi Member

owvi

Posted
Posted

I see that you are too much stressed out. I have been through all this 5 years back. After that I went to US consulate thrice for my B1, L1 and H1 stamping and all three stampings were successful. Only during the first time(for B1) I was referred to Apollo.

Nothing to worry. Everything will be fine. Forget about this and focus on your marriage. Never drink and drive again.  

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