DUI, Visa Revocation, H1B petition with new employer

[kksk]

I got arrested for a DUI in March..  VISA revoked in couple days through email from consulate in India stating Visa is revoked.

 

Got the court date and went into diversion. I have not completed the diversion, I can say I am not convicted. It takes an year to get the case dismissed.

 

Got a new Job and new H1B filed. RFE stating USCIS records indicating that I already left united states and no re-entry.

 

Submitted a response to RFE stating that as an error and provided the proof for stay in united states.

 

I still work for my current employer the petition is valid till next year April.

 

Question:

 

1. I checked the CBP travel history and I see an entry saying I departed the country after 3 days of my arrest. I consider this as an error and I am planning on reacting this with CBP differed inspection after the outcome of my new H1B petition. Is this done on intention or an Error ? I do not see any one discussion something like this in any forums or they might have just started doing this ..

 

2. I will most likely know my H1B RFE result in few weeks as it is filed under premium processing. I don't think USCIS will deny the petition. I believe there is change they will approve it or they will forward it to consular notification in India. This forces me to go to India to get this stamped. If this happens is there an alternative ?

 

 

[pontevecchio]

You should read the relevant article on the MURTHY website and should really seek Immigration counsel. A forum is not really helpful in this situation. They started doing this a few months back and this is a new precedent. Hope it works out for you.

[century]

Hello Did you get letter from US comsulate saying VISA revoked due to DUI when you were in US?

[kksk]

Thanks for the email. I read the article from Murthy.  I have spoken with several attorney's and no one has idea as this is new.  Just checking with the forum to see if any one else faced this situation.

 

I got an email from Chennai consulate regarding the visa revocation. 

[pontevecchio]

Do not treat this as a market. Get hold of one firm and pay them for their opinion. Call the fiorm of Murthy.

[kksk]

As I said this is new for attorney's and they have no clue on what is going on. I have hired an attorney on my own and we will not be able to react until USCIS approves or deny the petition.

 

My Attorney will be surprised that arrest is entering a departure record in CBP and he thinks this as an error. But again we don't know if this is intentional. I will know by end of this week..

[srik6894]

Hi KKSK,

 

how did you verified your CBP history?

[helpseeker2016]

Looks like they recently started doing it for dui/dwi cases. Not sure if it involves shoplifting cases too.

Have a look at this recent blog post by murthy against the very same scenario that you mentioned.

http://www.murthy.com/2016/02/16/drunk-driving-arrests-result-in-visa-revocations/

[kksk]

check the travel history on your I94..

 

https://i94.cbp.dhs.gov/I94/request.html

 

Update - I went to differed inspection of CBP and they said they cannot fix the departure record. I have been directed to work with Chennai US Consulate. Now it is clear after VISA revocation, the departure entry was made by Chennai consulate stating I departed the country. I am planning on working with Murthy Law firm next week on this case not sure if this is intentional or an error.

 

I am hoping Murty law firm will help me here. My H1B extension is still pending.. I will know by 21st April on the approval/denial of the petition.

[nani71288]

Any updates on this??

[vinuthguru]

@kksk can you please update about the out come of the transfer petition.

[madamonis]

On 4/8/2016 at 3:28 PM, kksk said:

I got arrested for a DUI in March..  VISA revoked in couple days through email from consulate in India stating Visa is revoked.

 

Got the court date and went into diversion. I have not completed the diversion, I can say I am not convicted. It takes an year to get the case dismissed.

 

Got a new Job and new H1B filed. RFE stating USCIS records indicating that I already left united states and no re-entry.

 

Submitted a response to RFE stating that as an error and provided the proof for stay in united states.

 

I still work for my current employer the petition is valid till next year April.

 

Question:

 

1. I checked the CBP travel history and I see an entry saying I departed the country after 3 days of my arrest. I consider this as an error and I am planning on reacting this with CBP differed inspection after the outcome of my new H1B petition. Is this done on intention or an Error ? I do not see any one discussion something like this in any forums or they might have just started doing this ..

 

2. I will most likely know my H1B RFE result in few weeks as it is filed under premium processing. I don't think USCIS will deny the petition. I believe there is change they will approve it or they will forward it to consular notification in India. This forces me to go to India to get this stamped. If this happens is there an alternative ?

 

 

Hi KKSk,

I have gone through the same situation and it happened the same what happened with your I-94 travel history update and all. Even I tried contacting few immigration lawyers but they were not sure about it. but after looking at your case it proves that it's not an error and it's because of DUI arrest. So I would like to know what did you do for that and what happened with your H1-B petition. 

I need few suggestion on that as I have to amend my H1-b visa now. Please reply what happened with your h1-B petition.

Thanks in Advance

[kksk]

Update -

My Employer submitted an RFE stating I am still in the country and we provided the proof. H1B extension got approved and I have changed the Job. 

I went to CPB office to get the travel record corrected, I have been directed to work with US Embassy in chennai. Several discussions with embassy and they directed me to department of state and I gave up.

Recently I applied for drivers license renewal, same issues they were not able to verify the status... Got an appointment with USCIS office to get this cleared up

 

[firstduih1b]

any particular documents that were used as a proof for RFE and how did the USCIS appointment go ?

[dui_due]

kksk,

    I got DUI on 12/31, today I found that my departure date on I94 shows that I left USA on 1/5. But, I am still in the USA and my I94 is valid till 8/31/2019. I don't know what I need to do. Did you get your driving license extended?

 

Any thoughts?

[DuiOpt]

Hi Kksk, What documents did you submit as a part of proof?

 

[Kksr]

Hey kksk,

 

i am am in similar situation. Got dui arrest in 2015. Applied for drivers license this week and save cannot verify my status due to the i94 departure record.

what needs to be done for that?

please help man!!

[kksk]

Update - 

I got my DL renewed. SAVE will not be able to verify and they will send it to homeland security and it takes like 2 to 3 months to verify and get the DL.

I completed my diversion and case dismissed with no conviction. I am going to stamping next month to Chennai with certified copies. I will post the outcome.

[pagladeewana]

Congrats. Please keep us updated about your stamping