H1B stamping denied multiple convictions


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Hi,

I had a DUI conviction back in 2015 and prior to conviction when the case was still pending I came to India for stamping and was granted a visa after medical exam. Later that year I was convicted for DUI 1st offense. In 2016, I was arrested in suspicion of domestic violence and few months later my attorney helped to reduce the charges to PC-415 misdemeanor (disturbing the peace) after he said conviction to domestic battery will trigger grounds to deportation or inadmissibility. 

Last week, I travelled to India and when I went to stamping, the visa officer, asked about my arrests and I submitted court certified copies. She asked me about the DV arrest and what happened and I told her that cops were called but later charges were dismissed. However, my visa was eventually denied and I was sent back home with my passport, documents and denial notice. The notice I said I am eligible to apply for waiver.

My wife and I are extremely shattered and am totally lost and blank. Feel helpless and unsure on how to proceed. Feel like my life is screwed as I am going to lose my job and lose all the ties to the US. I sincerely request if anyone here who has gone through the situation to help me out and guide me.

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This is not the end of the world. Have you undergone counselling after the DV Arrest?  You could do that and produce that as proof of taking it very seriously? In your case the DUI conviction along with the DV arrest is a Red Flag.  Get hold of an Immigration Lawyer and ask them to help in the waiver process. You may like to contact the firm of Murthy in Chennai for help.

The firm of Murthy should put in BLOCK CAPITALS on their web page that DUI is not an option for Migrant workers as the consequences are potentially severe. The fact that DUI and DV are to be avoided at all costs is not adequately emphasized in the Lawyer sites. In fact the warning should be part of the Visa Issuance process. This is not to belittle you but merely stating a glaring fact.

Also it would seem your H1 visa stamping has been denied only once.

Edited by pontevecchio
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  • 2 weeks later...
  • 1 month later...
On 3/27/2018 at 1:19 PM, pontevecchio said:

 

The firm of Murthy should put in BLOCK CAPITALS on their web page that DUI is not an option for Migrant workers as the consequences are potentially severe. The fact that DUI and DV are to be avoided at all costs is not adequately emphasized in the Lawyer sites. In fact the warning should be part of the Visa Issuance process. This is not to belittle you but merely stating a glaring fact.

Well said and great idea..i see that murthy firm runs a shoplifting warning during every holiday season on their homepage.. especially the DV statistics are mind boggling...There is atleast some opportunity for DUI awareness when the FOBs take the DL test but the DV issue is hiding under carpet..

I do an annnual orientation, civil engg career presentation at my old engg school in India as part of alumni activities and I have included a DV awareness slide for few years now..I will add a DUI slide too.

Including a DV warning with every H1& H4 stamp, as part of 'orientation pamphlets' or at the departure/immigration counters of Indian airports may greatly help raise the awareness..

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Hi Guys, getting back to this post after a while I know. Please, friends and experts out here please help. I re-appeared for visa interview and they have issued 221G. It is in admin processing since May 31st. Also, they sent me to medical at apollo to meet panel physician and psych. The hospital sent out medical reports to consulate by June 8. It has been 45 days since and no status update from consulate.

Could others who have been in my situation and seen an outcome please help and suggest.

In my case DV (Pc 243e1 - California battery) was dismissed and amended to PC-415 (I plead guilty to a lesser offense offered by DA - No solo plea)

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Admin processing is open-ended, which translates to no end date. It could be weeks or months, or in rare cases, years.

DUI conviction and domestic battery are significant CIMT issues. It's not outside the realm of possibilities that your visa could be denied with a bar. You could seek work in your home country India (if that's your nationality). 

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  • 1 year later...
On 3/27/2018 at 2:04 AM, lifeistough said:

Hi,

I had a DUI conviction back in 2015 and prior to conviction when the case was still pending I came to India for stamping and was granted a visa after medical exam. Later that year I was convicted for DUI 1st offense. In 2016, I was arrested in suspicion of domestic violence and few months later my attorney helped to reduce the charges to PC-415 misdemeanor (disturbing the peace) after he said conviction to domestic battery will trigger grounds to deportation or inadmissibility. 

Last week, I travelled to India and when I went to stamping, the visa officer, asked about my arrests and I submitted court certified copies. She asked me about the DV arrest and what happened and I told her that cops were called but later charges were dismissed. However, my visa was eventually denied and I was sent back home with my passport, documents and denial notice. The notice I said I am eligible to apply for waiver.

My wife and I are extremely shattered and am totally lost and blank. Feel helpless and unsure on how to proceed. Feel like my life is screwed as I am going to lose my job and lose all the ties to the US. I sincerely request if anyone here who has gone through the situation to help me out and guide me.

Why is your visa denied? Did they mention you that it is for DV charge? Or is it for DUI conviction. Usually I had a impression that at visa interview or uscis  look at convictions and not charges. 

Can anyone tell if visa interviewrs can even deny on basis of charge and not conviction?

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