Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
shabee

Arrested for DWI and H1B extension

Recommended Posts

Hello all ,

             Here is my case. I was arrested for DWI in Dec 2016 in Texas. The case has not been filed yet and I expect it to be done sometime this month(It ll almost certainly be a plea bargain). I am on H1B which expires on 15th sep 2017. I am working full time and my current employer wants to file for H1B extension.I haven't informed my employer about the arrest.The immigration firm that works for my employer sent me a questionnaire that I have to fill. It has the following Qs

Have you ever been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, other than traffic violations?
Have you ever been arrested for or convicted of any crime, including driving under the influence of alcohol or driving while intoxicated?
 
If I answer yes , then the firm will definitely inform my employer. I could be pro active and inform the employer my self and the face the consequence (could well be terminated or fired).I was told by many immigration lawyers that the USCIS for I-129 application wont normally look in to arrest records.Given this, I could answer "NO" to the above Qs(swim the tide for now and handle it later)I don't know how it ll work out in my case , given the new immigration guidelines and extreme vetting  being enforced by Trump administration.
 
I am in a real fix now. Anybody here in the same boat? If so , please share your experience .
Note: I will contact a good immigration lawyer before taking a decision. But also want to know  if there is anyone in the same situation or had been in the similar situation.If so , how they handled it... 
I would highly appreciate the suggestions.
 
TIA
 
Edited by shabee
l

Share this post


Link to post

1. Do you have an Immigration Lawyer AND a DUI LAWYER INVOLVED IN THE MATTER?

2. If you lie to their lawyers then your chances of a job in future may go away once they find out.

3. Do not depend on the fickle advice of a forum. INVOLVE a DUI Lawyer and an Immigration Lawyer NOW.

Share this post


Link to post
4 hours ago, pontevecchio said:

1. Do you have an Immigration Lawyer AND a DUI LAWYER INVOLVED IN THE MATTER?

2. If you lie to their lawyers then your chances of a job in future may go away once they find out.

3. Do not depend on the fickle advice of a forum. INVOLVE a DUI Lawyer and an Immigration Lawyer NOW.

@pontevecchio 

yes , I am in consultation with a Criminal and an immigration attorney..they advised me to reveal it to my employer...

Share this post


Link to post

Good luck.  Just money and a lesson learnt. The 10,000 Dollar drive home is really a salutary lesson . I would suggest that you do your own extensive home work about Texas Law and Dui/DWI while letting the lawyer do his bit.

 

"" Your case was deferred According to Texas law, a judge may issue first-time offenders a deferred adjudication probation, in which the accused completes probation in the absence of a conviction. If you successfully complete your probation, you may also be eligible for petition of non-disclosure, which seals your record and prevents it from being released by public agencies ""

Share this post


Link to post

I am in the same boat. I have a h1b extension in feb and my case is still pending. My case closes in Aug 2018. I also have to file for my greencard. I am worried about getting fired. Please let me know what happened or what you plan to do. 

Share this post


Link to post
On 4/25/2017 at 6:45 PM, Galaxy9 said:

I am in the same boat. I have a h1b extension in feb and my case is still pending. My case closes in Aug 2018. I also have to file for my greencard. I am worried about getting fired. Please let me know what happened or what you plan to do. 

What i have read is only time they check abt ur hsitroy is during 485 application is done which is long time to go 

dont worry abt that now

About letting ur employer know, its all about ur rapport with manager. if he is fine and doesnt make an issue, u should be fine 

Share this post


Link to post

here is an update on my case

1) I informed my employer about DWI and they filed my H1 extension on April 20th 2017 and it got approved in july 2017. My I-94 showed a departure record even though I didn't leave US until 3-4 weeks back. I was expecting a RFE in this regard. I dont see any depature in my I94 record anymore. No RFE either. I was successfully able to renew my drivers license as well

2) DWI case is still pending , will be taking a plea bargain in a week or so. My BAC was around 0.16 which is class A misdemenour in Texas. Prosecutor agreed to get it down to class B with 80 hrs community and 18 months probation , atleast half of which should be with a deep lung device.

3) I consulted 2 immigration attorneys and they both told me that it shouldn't be a problem for I140 as well but will be called for an interview during I485. I am not a green card aspirant , so at this point I am not worried abt it

Edited by shabee

Share this post


Link to post
On 4/25/2017 at 5:45 PM, Galaxy9 said:

I am in the same boat. I have a h1b extension in feb and my case is still pending. My case closes in Aug 2018. I also have to file for my greencard. I am worried about getting fired. Please let me know what happened or what you plan to do. 

just updated my current status in the post above. I went ahead and informed by director about my DWI and he was fine with it of course after warning me with "be careful , dont repeat it" stuff..Your I-129 petition for extension of stay(H1 extension) should go through fine w.r.t DWI

Share this post


Link to post
On 3/9/2017 at 8:54 AM, pontevecchio said:

Good luck.  Just money and a lesson learnt. The 10,000 Dollar drive home is really a salutary lesson . I would suggest that you do your own extensive home work about Texas Law and Dui/DWI while letting the lawyer do his bit.

 

"" Your case was deferred According to Texas law, a judge may issue first-time offenders a deferred adjudication probation, in which the accused completes probation in the absence of a conviction. If you successfully complete your probation, you may also be eligible for petition of non-disclosure, which seals your record and prevents it from being released by public agencies ""

I was arrested and charged in a county that doenst allow any deferred adjudications. But thanks for the heads up though

Edited by shabee

Share this post


Link to post

The charge document says that I was travelling at 100 mph on 50 mph speed limit in opposite direction and given that I dont remember anything until I woke up in jail the next morning , its a miracle that I didn't harm somebody or myself. Given this I am not unhappy at all on how things turned out, could have been even worse. FYI , I stopped drinking altogether and the community service and probation and ridiculous amount of fee will serve as repentance. 

Share this post


Link to post

Shabee did you use premium processing while it was still available? I ask cuz you said "filed my H1 extension on April 20th 2017 and it got approved in july 2017" which sounds superfast. Thanks.

Share this post


Link to post
On 8/18/2017 at 1:36 AM, tartarsauce said:

Shabee did you use premium processing while it was still available? I ask cuz you said "filed my H1 extension on April 20th 2017 and it got approved in july 2017" which sounds superfast. Thanks.

No , by 20th april premium processing was suspended. My employer filed through regular processing

Share this post


Link to post
On 8/27/2017 at 10:42 PM, Naveen09 said:

@shabee

i got into similiar situation. Is there any way you can share your email or phone. I really need to talk.

sent a DM to you

Share this post


Link to post

Update on my case:

took a plea bargain in august 2017.. 40 hrs community service , dwi education , victim impact panel , substance abuse evaluation , 12 month probation(suspended jail time of 120 days) , no deep lung device. ran these terms with my immigration attorney and he said this shouldn't be a problem with future immigration aspirations(if any) at least for now

couple of things you need to keep in mind while taking guilty plea

1) Be absolutely sure that the case has no legs to get dismissed or deferred adjudication or cant be lessened to reckless driving before taking guilty plea.

2) Check the state laws on the record sealing. for example Texas had to no such law until sep 2017. the new law passed allows first time dwi convictions to be sealed after 5 years of completing probation (or) 2 years if there is a deep lung device in the probation terms. I think some states provide sealing of records as soon as you complete probation. This is very useful as nobody can see your records except for government which includes law enforcement and immigration.But at least you don't have to reveal it to employers or for rental purposes etc..,

3) Keep an eye on the wording of the court document that has your conviction. the words "negligence" , "reckless" ,"safety" , "community" are a red flags when you apply for naturalization and green card

4) probation  suspended jail term should be less than 1 year. As per current laws any suspended jail term of more than 1 year automatically makes a person inadmissable, doesn't matter whether a crime is CPT or not

Share this post


Link to post

Another update:

My I140 was approved in march 2018 without any issues.Planning to go for H1B stamping to India in dec 2018. Will update once I am there for the interview

Share this post


Link to post

aa

Edited by shabee
will post details later when the entire process is complete

Share this post


Link to post

Update :

Went to India on April 28 , 2019 for vacation and attended h1 visa interview.

April 30:

biometric screening

may 1 ( visa interview)

VO: morning!

me: morning officer!

VO: are you still working for xyz

me: yes

VO: designation and responsibilities?

me: told and she cuts me in the middle

VO: did your employer ever underpay you

me: no

VO: do you have your most recent paystubs

me: gave the info and relevant docs

VO: sir , when were you arrested?

me: told

VO: sir , do u have all the docs

me: handed over all the doc

VO: how did that happen and explain

me: told everything that transpired on the day of arrest truthfully. All the while she was browsing thru the docs.

VO: Still checking the docs , "sir I ll have to tell u that DWI is a serious crime and driving while drunk is dangerous to u and to others"

me: I understand

VO: Finishes looking at the docs and says "fair enough"

me: okay

VO: unfortunately I can't approve ur visa today and you ll have to go thru physician panel evaluation and gives me 221g yellow slip and returns my passport and all the docs.

me: got it

VO: everything clear? any questions?

me: I repeat what she said earlier so that I understood her clearly

VO: yes and you have a great day!

me: Thanks mam and you too

Interview lasted for close to five mins. The way VO responded and her overall attitude I was very confident that everything will be fine after the interview.

I immediately called up center for migration medicine(that's where I asked to go and the details are in yellow slip. F olks goin for interview in HYD , google it) and no response from them as may 1 is labor day holiday. Called next day and was told that the entire process is now online and I have to schedule the appointment online as well. 

Got the physicians appt on may 8 (yes a week after the visa interview. Kind of pissed off with those guys but later When I visited them, realized that they are swamped with ppl goin to Canada , Australia and New Zealand). 

May 8

Went to the physician's office at 9 AM. paid INR 13,000. Went through all the tests(had to bring 7 photographs and print outs of all the DWI related docs ). Was called for physicians evaluation right abt at 2 PM. He asked some basic questions abt drinking habits and abt the arrest. answered everything truthfully. It lasted for about 5 min and I was told that if everything goes fine , the results will be delivered to the embassy in abt 3-5 days. 

May 13

Got a call from physicians office informing me that the evaluation report has been submitted to embassy. The same day got an email from consulate asking me to submit my passport

may 14

Dropped off passport at VFS center(just the passport ,221 g slip and submission checklist documents are taken at VFS. no court records , nothing taken. kind of surprised me. anyways moving on....)

May 15 , may 17, may 22

CEAC website gets updated on each of the above date but the status still remains "administrative processing"

May 24

status changes to "Issued" in the late afternoon.

May 25 and 26 - weekend

may 27

US holiday

May 28

collected passport at VFS center

June 28 

Travelled back to US. port of entry in Dallas, TX. Pulled in for secondary inspection. waited for about 15-20 min , was called and handed over my passport and was told that I am good to go by CBP officer(doubled checked the immigration stamp and i94 expiry date and everything was perfect!)

So folks , don't freak out , mistakes happen . don't repeat and stay focused , everything will be fine :)

I started this thread when I was arrested and I kind of updated this with the info at all the key stages of DWI and aftermath. Hope this helps.

Share this post


Link to post

Hello Shabee,

Thanks for the detailed update on your case, this really helps lot people.

I am currently having DUI issue, your help is very much appreciated.

If you don’t mind, can we have 1-1 chat.

Share this post


Link to post

visited India again for 3 week vacation. H1B valid until Sep 2020. While coming back to US , Sent to secondary inspection at port of entry. Waited for more than hour (due to huge number of people in the immigration line) and got the stamped passport back. No Questions asked!!!

plus side: You know that you will be pulled for secondary and about anticipated delays and hence will be prepared

down side: Sadly can't escape this until u get citizenship. Hey thats life!!!

Share this post


Link to post

Hi all,

 Trying to find out what to expect next. Transitioning from H1b to O1. Here is my timeline:

Jan 14: I appeared for interview in Mumbai consulate where the officer mentioned they will ask for court documents later but start with medical exam for dui.

Jan 15: I completed medical exam

Jan 24: Passport submission with 221g form and medical fee receipt as asked on white 221g.

Jan 27: Case status update

Feb11: 2 weeks later I got green 221g, asking for court documents. My case is open hence I submitted motions filed with court including the last motion to continue the case into April.

Feb 12: The case last got updated yesterday  however, the case continues to be in administrative processing. The anxiety is starting to kick in as the process has stretched for a almost a month and now I am not sure what to expect further since they now have everything that was requested including medical exam and court documents. How much longer would it take for the consulate to make a decision?

 

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×