H1 B Stamping with DUI and doctors evaluation


unfortunaten

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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? 

4- In one of the points, I am asked by court to go to doctor for 'Evaluation & Treatment'. What is consists of? A psychological test only or blood/urine test too?

Do they require family members and friends to talk about? I cannot ask but my wife only as I have no close friend any if I do, it may impact on my image/job/relations as I haven't told my cases to anyone besides my wife.

and one last thing, are recommendations from evaluation & treatment are mandatory to follow? as in legal perspective?

 

Thanks all for your suggestions !

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Follow all directions by your court. Why did you not get a Lawyer? Make sure you have permission from the court to leave the jurisdiction of the court. Evaluation and treatment means paying and seeing a Psychologist who will question you about what happened and irrespective automatically send you to 10 or12 sessions of group counselling Along with maybe 5 sessions of Alcohol classes. and then you get a certificate which you give the court. Make sure you wear Business attire while seeing the Psychologist and make sure you are clean while attending the Alcohol classes and once done enquire about Expungement possibilities in the State.

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6 hours ago, unfortunaten said:

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? 

4- In one of the points, I am asked by court to go to doctor for 'Evaluation & Treatment'. What is consists of? A psychological test only or blood/urine test too?

Do they require family members and friends to talk about? I cannot ask but my wife only as I have no close friend any if I do, it may impact on my image/job/relations as I haven't told my cases to anyone besides my wife.

and one last thing, are recommendations from evaluation & treatment are mandatory to follow? as in legal perspective?

 

Thanks all for your suggestions !

what were the recommendation 

basically for evaluation they will ask u set of questions and than recommend something - it could be classes or  treatment and u need to complete that as it will be given to probation officer for records 

 

 

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  • 2 weeks later...
On 8/30/2017 at 5:30 PM, pontevecchio said:

Follow all directions by your court. Why did you not get a Lawyer? Make sure you have permission from the court to leave the jurisdiction of the court. Evaluation and treatment means paying and seeing a Psychologist who will question you about what happened and irrespective automatically send you to 10 or12 sessions of group counselling Along with maybe 5 sessions of Alcohol classes. and then you get a certificate which you give the court. Make sure you wear Business attire while seeing the Psychologist and make sure you are clean while attending the Alcohol classes and once done enquire about Expungement possibilities in the State.

I had a lawyer who helped me to reduce to reckless driving. I checked with my probation office and lawyer. As per them, there is no restriction to travel but they are not sure about visa stamping as it comes under immigration.

 

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On 8/30/2017 at 9:02 PM, rockersingh8 said:

what were the recommendation 

basically for evaluation they will ask u set of questions and than recommend something - it could be classes or  treatment and u need to complete that as it will be given to probation officer for records 

 

 

I have evaluation this week. This is the last of court orders I need to complete. Thanks for your reply. will update once I attend the evaluation.

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  • 2 weeks later...

I had doctor's evaluation and based on intreview he didn't recommended any treatment and stated that I am doing good. Everything is completed now except probation. Still the major question is should I travel to India or not?  On some forum I was reading that they don't let reenter the person before one year of arrest. No idea, if this is correct or not. I am still in dilemma.

If anybody can shed some light on, will be helpful.

Thanks

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  • 4 weeks later...

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. 

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  • 4 weeks later...

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