H1B visa revocation for DUI in NJ

[vk2345]

I was arrested for a DUI in NJ (BAC of 0.13) ~3 months back (03/26/2018). I have been photographed as part of the arresting process but not finger printed. I have been working with an attorney on this case. Based on discussions with my DUI lawyer, I will probably end up be convicted based on the case review (conviction expected in 2 weeks from now). I am currently on an H1B visa (been on this visa with the same employer for the last 7 years), and my green card application is in progress. I-140 has been approved and my priority date is in May 2013.

My existing H1B visa expires on December this year, and my I-94 expires in Jan 2019. My last visa stamping was done in India in November 2016.  As of now, I have not received any visa revocation email. Also checked the CEAC and USCIS websites - it says my current H1B visa and i94 are still valid.

My questions:

1) Does visa revocation (“prudential revocation”) happen in all DUI arrest cases in NJ - given that it is considered a traffic violation in the state of NJ? Or is it more on a case by case basis?

2) If the latter, have you seen such cases (where there was a DUI arrest in NJ + conviction but no visa revocation for H1B via holders)?

3) Is there a way to confirm the revocation if it has already happened?

4) I am planning to go to India for 2-3 weeks later this month for about 3 weeks. What impacts would the DUI conviction have on my travel?

[mehopeful]

Visa revocation depends upon whether and how the state authorities report this arrest/litigation to the US Department of State. If you had provided an email address the last time you applied for a Visa, the issuing consulate will contact you if they have revoked it on that email address. Otherwise, it can be assumed that it has not been revoked.

Your DUI lawyer should talk to an immigration lawyer to confirm that any pleas, plea bargains or convictions will not affect your future immigration applications.

[new2immi]

On 7/2/2018 at 1:24 PM, vk2345 said:

I was arrested for a DUI in NJ (BAC of 0.13) ~3 months back (03/26/2018). I have been photographed as part of the arresting process but not finger printed. I have been working with an attorney on this case. Based on discussions with my DUI lawyer, I will probably end up be convicted based on the case review (conviction expected in 2 weeks from now). I am currently on an H1B visa (been on this visa with the same employer for the last 7 years), and my green card application is in progress. I-140 has been approved and my priority date is in May 2013.

 

 

My existing H1B visa expires on December this year, and my I-94 expires in Jan 2019. My last visa stamping was done in India in November 2016.  As of now, I have not received any visa revocation email. Also checked the CEAC and USCIS websites - it says my current H1B visa and i94 are still valid.

My questions:

 

1) Does visa revocation (“prudential revocation”) happen in all DUI arrest cases in NJ - given that it is considered a traffic violation in the state of NJ? Or is it more on a case by case basis?

 

2) If the latter, have you seen such cases (where there was a DUI arrest in NJ + conviction but no visa revocation for H1B via holders)?

 

3) Is there a way to confirm the revocation if it has already happened?

 

4) I am planning to go to India for 2-3 weeks later this month for about 3 weeks. What impacts would the DUI conviction have on my travel?

Dude Hire a good attorney DUI is not cheap so ready to spend money try to negotiate with your conviction.

[Dui2019]

Hey,

I wish that everything worked out for you well.

Could you please answer your questions now, as you had already gone thru with this phase.

It would be really helpful. Thanks a lot in advance.