lifeistough Posted March 27, 2018 Report Share Posted March 27, 2018 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. Quote Link to comment
pontevecchio Posted March 27, 2018 Report Share Posted March 27, 2018 (edited) 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 March 27, 2018 by pontevecchio Quote Link to comment
natan111 Posted April 5, 2018 Report Share Posted April 5, 2018 What did the denial notice state as the reason? It's possible that you were considered convicted of DV (for immigration purposes), which put you into CIMT category of inadmissibility. Even if that wasn't the case, having 2 recent criminal convictions is pretty bad. Quote Link to comment
cap-gap Posted May 14, 2018 Report Share Posted May 14, 2018 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.. Quote Link to comment
new2immi Posted May 31, 2018 Report Share Posted May 31, 2018 Hey, I'm in your situation but my DV case is nolle prosequi Can anyone advice what would be my case with DUI conviction and DV case is nolle prosequi?? Quote Link to comment
lifeistough Posted July 21, 2018 Author Report Share Posted July 21, 2018 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) Quote Link to comment
Provence Posted July 21, 2018 Report Share Posted July 21, 2018 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). Quote Link to comment
Rocker 007 Posted July 22, 2018 Report Share Posted July 22, 2018 You are right !! especially when the visa rules are getting tough. Indian govt or some agency should have pamphlets at their counters especially for the first time visitors . When MNC's can make security and sexual harassment courses mandatory, they can also make a small course for DUI. Quote Link to comment
RMan12341 Posted August 24, 2019 Report Share Posted August 24, 2019 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? Quote Link to comment
PositiveOutcome Posted February 2, 2020 Report Share Posted February 2, 2020 Any updates on this case ? Quote Link to comment
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