H1 B Stamping with DUI

[unfortunaten]

hi there, I was arrested for 

1- 'hit and run' (minor) in Dec 2016 which was reduced to 'Hitting a fixed Object' with no points on driving license. 

2- dui charges in Jan 2017. Court reduced dui to reckless driving in Apr 2017 with 1 year probation, 3 days in jail, fines, community service, dui classes and doctor's evaluation . 

 

Now I am planning to go to India to visit my parents some time before EOY. I will be done with all court stuff except completing probation. Will it be safe to go for visa stamping in this scenario where I am done with all things except completing probation? To come back to USA I would need visa stamped. My h1b had expired with old employer and I am on i797 approval expiring in 2019,with new employer since Oct 2016. 

1- I am afraid of if my stamping gets rejected because of the charges. does VO consider charges (DUI) or just focuses on decision (reckless driving)? 

2- What docs should I bring forth with me?

3- I dont have any other records besides these 2. Is there any chance I can get my visa stamped? Or what should be the best deal for me? When should I go for stamping? 

 

Thanks all for your suggestions !

[gopalakrishnach]

1- I am afraid of if my stamping gets rejected because of the charges. does VO consider charges (DUI) or just focuses on decision (reckless driving)?  - Be prepared for 221G. I can see there are chances that VO may issue you a 221g and it will take some considerable amount of time.

2- What docs should I bring forth with me? - Carry all the docs. As much as you can. Please search for DUI cases here you will get more info.

3- I dont have any other records besides these 2. Is there any chance I can get my visa stamped? Or what should be the best deal for me? When should I go for stamping?  No one can say for sure whether you will get visa stamped or not. It depends on your case, your confidence level so no one can assure you. I see your case doesnot depend on time. I strongly feel you will have chances of 221G but if you are lucky you may get visa stamped straight away. 

Edited August 8, 2017 by gopalakrishnach

[unfortunaten]

Thanks Gopala for your reply. It certainly boosted me up. If anybody else faced similar issue pls share your experience and suggestions. Well, I pray nobody should be trapped in these issues. You are good, you are not criminal, you didn't do anything bad knowingly but you may end up with all this.

Edited August 8, 2017 by unfortunaten

[unfortunaten]

Additionally --

1- Somewhere I read that we shouldn't travel during probation and should go only once case is complete. Does it really matter?

2- I am confident that I will pass all medical tests but need to know what else I should take into account to get my chances up for stamping.

3- My spouse and kids have their visa stamped. Only me is left. Now if I go India and visa gets rejected, then it will be hard to pack up.. Car/kids school/lease and all that stuff ...I am thinking to travel alone for stamping so that my wife can wrap up here in worst case. WOuld that be a good idea?

4- I didn't tell my employer about these cases as this is new job and I have no idea how things work here. I am in dilemma -- should I tell them or not?

5- In worst case, if my don't get visa, what are further options?

 

Thanks again ! and sorry if I am bugging too much.

[seattle82]

1. You are okay to travel on probation with a letter from the probation officer , the judge ( the PO can get this letter ) & compliance letters from your fines, jail time all completed and signed on paper for you

 

2. You might get a 221 G  OR you might not,  if the papers are asked for - make sure you let the officer know before hand that all papers and compliance stuff is with you. Before he gives you the slip , clarity of this must be enforced by you in a confident manner. Else once they sign that 221 G they wont honor any word/document from you until you submit response to that 221 G (US protocol but differs from officer to officer)

 

3.  You will come back. A DUI / Reckless driving has no relation to re- entry ( you will get secondary screening at port of entry for sure). Just make sure your wife can pack up if the 221 G takes too long OR you have enough savings for a 6 month 221 G OR your wife is working and enough support is there to keep her company while you are away. Also speak to your boss etc. that this could happen with the current administration doing what they are ( no need to tell them about your cases. The current administration is villain enough for random changes to happen without notice to non immigrants)

 

4.  Above for employer 

 

5.  In a globalized world, you will get the same benefits, pay and experience of the US in India, Singapore or any  where else with tweaks in the cultural difference. There is nothing to be afraid of with new options & avenues. The world is your oyster. This could be a minor hiccup for which above 4 pointers I have typed will  help you overcome. 

Edited August 8, 2017 by seattle82
Grammar

[unfortunaten]

Thanks a ton seattle82 for detailed points. Appreciated from heart!  I am getting positive notes.

[unfortunaten]

Is anybody to add anything more, is welcome. Thanks

[seattle82]

Updates here ?

[gopalakrishnach]

On 9/14/2017 at 2:05 PM, seattle82 said:

Updates here ?

People just forget to help others by posting updates. I pity people...

[stampwithgrace]

Sad to see why people do not post the result after the interview. 

I will post mine. 

DUI in 2011 Left india 1 week after incident and had filled the form and marked No to arrest question. 

Stamping 1 - Employer A Officer was surprised why I marked No then he realized I submitted the application before the DUI. Sent for Panel in Mumbai to Lilavati Hospital - Asked to submit passport in 5 working days, got visa stamped. 

Stamping 2 - Employer B New employer hence interview in mumbai, officer asked about DUI I reminded him I already did the Panel. He went behind and told me to do the medical again I asked why he said first was not done properly. This time it was done at Rele Clinic and it was actually much intense than the Lilavati one and also included going to a Physo and they took 12 photos from me. 

Stamping 3 - Employer B Same Employer - Dropbox eligible - Marked question as Yes - Wrote medical done - No issues - Stamp received. 

Stamping 4 - Employer C Pending now. Will be dropping off the passport soon and this time its same Dropbox but change in Employer. I will post results when I get. 

 

I want to start posting this as I see people do not post after interview and leave others hanging in the dark.  I understand how painful the waiting is. DUI is a bad thing, do not drink and drive. It will haunt you for the rest of your Non immigrant life. 

 

[newuser12345]

On 10/15/2017 at 6:31 AM, stampwithgrace said:

Sad to see why people do not post the result after the interview. 

I will post mine. 

DUI in 2011 Left india 1 week after incident and had filled the form and marked No to arrest question. 

Stamping 1 - Employer A Officer was surprised why I marked No then he realized I submitted the application before the DUI. Sent for Panel in Mumbai to Lilavati Hospital - Asked to submit passport in 5 working days, got visa stamped. 

Stamping 2 - Employer B New employer hence interview in mumbai, officer asked about DUI I reminded him I already did the Panel. He went behind and told me to do the medical again I asked why he said first was not done properly. This time it was done at Rele Clinic and it was actually much intense than the Lilavati one and also included going to a Physo and they took 12 photos from me. 

Stamping 3 - Employer B Same Employer - Dropbox eligible - Marked question as Yes - Wrote medical done - No issues - Stamp received. 

Stamping 4 - Employer C Pending now. Will be dropping off the passport soon and this time its same Dropbox but change in Employer. I will post results when I get. 

 

I want to start posting this as I see people do not post after interview and leave others hanging in the dark.  I understand how painful the waiting is. DUI is a bad thing, do not drink and drive. It will haunt you for the rest of your Non immigrant life. 

 

Hi stampwithgrace,

how long after submitting medical report, did it take for you get your visa stamped? I submitted my medical report and passport 3 weeks back but the case is still under admin processing. Please tell me how long after medical/passport submission did it take to get stamped passport?

[haku]

• newuser12345

• did you get your visa stamped ? 

[Waiting for GC_17years]

I was arrested for DUI but reduced for reckless driving in Dec 2017.

Appeared for H1B visa stamping (fifth stamping, first after DUI) in New Delhi on May 20th, 2019.

Was asked to go to medical panel and submit report. Submitted report with passport at VFS on May 25th. 

Today is June 10th and status is admin processing still. 

How long should I expect to wait?? I had scheduled my flight to go back to US in a week now.