H1b stamping with DUI - Please advise

[Sur Rina]

I was convicted of DUI offense in Aug 2010. The case was expunged in 2012. I haven't been out of the country since 2010 and have been compliant with the law (except for a speeding ticket in the past 8 years)

I work for an end client with 80,000 employees that is not a H1 dependent company.

Due to a family emergency, I am planning to visit India next month and will need to get my visa stamped. Given that I was convicted 8 years ago and I have been compliant ever since can you please let me know the risk when I go for stamping? Also would it be an issue that I haven't been out of country or went from stamping for many years now?

Please advise. 

 

[pontevecchio]

You should discuss the matter with a lawyer before the trip . Were you actually convicted as opposed to getting a rehabilitative disposition? Which state was this in?

[Sur Rina]

Thank you for your response. Sent a note to my attorney but was curious to know based on personal experiences here in the forum.

this happened in California and I was convicted. Got the record expunged by completion of probation, classes etc.

I know you will be referred to medical panel upto 5 years after DUI conviction but since it’s been 8 years since it happened and I have been compliant I was just curious if that still can happen and what the experience of people are here on this forum. Thanks again 

[Sur Rina]

anyone else can please share their insight/experience? 

[Kksr]

its a 50-50 as of now.

your record is more than 5 years old. So as per the rule, they should not ask you to go for medical panel tests and admin processesing. But nowadays, they are asking old dui people to get the medical panel done as the new rule since 2016 states to revoke the visa and send anyone with an arrest record for dui to medical panel. carry all your court documents, stay sober for as long as possible. Which embassy you are heading to?

[Sur Rina]

@Kksr I am heading to Chennai Consulate next week. I have all the court documentation and I have been genuinely sober for the past 6 months not because of the consulate situation but in general. Also even before that, I am talking about 2-4 drinks a week (once) at most for the past few years.

 

[knight81]

@Sur Rina I just saw this post, and I am kind of in a similar situation where I was charged with wet reckless 8 years ago. I would appreciate if you can update this forum about whether medical panel test was required if the offense was 5 years ago. Thanks and all the very best.

[Sur Rina]

Got 221G asking for physical panel evaluation ... was told it didn’t matter I was convicted 8 years ago I would still need to go visit panel physician. Currently taking care of that situation 

[knight81]

@Sur Rina Did you get stamped?

[knight81]

@Sur Rina Can you update your experience here? Are you still waiting for your visa? Thanks.