DUII in Oregon Need help for H1-B Stamping

[Arjun Vijay]

Hello all, 

I got my H1-B approved last year in October 2018 and just a few months before that I was arrested on  June 20th for DUII (0.06 BAC) in the state of Oregon. I opted for the 1 year diversion program offered by the state of Oregon. I was required to attend a victims impact panel class, install a IID in my car, attend an alcohol evaluation session followed by an 8 hour alcohol awareness class. My license was not suspended since my BAC was below 0.08. I have completed everything that was required per the Diversion program. The program officially ends on  July 23rd 2019, after which it will take the court 4 weeks to process my offical DUII dimissal documents.

I have some really important family function that I would like to attend in April. I was told that I need to have the dismissal document from cour for my H1-b visa stamping interview in India. 

So here are my questions I have regarding my case:

1. Is it too risky to go for my visa stamping without having my dismissal docs from the court, even if I have completed everything that was required of me ?
2. Is it advisable to get my visa stamping before my program ends on 7/23/2019 ?
3. What are the documents I would need to present for the interview ?
4. Would my employer come to know about my DUII case due  to delays in my of my visa stamping or for any other reason ?
5. How stringent are background check (DUII arrests but not convicted) when applying for new jobs ? ( I am an Industrial Engineer) 

Thanks for all the help!!!

[pontevecchio]

You should discuss your specifics with the firm of Murthy or any of your choice rather than soliciting guidance in a forum. You should note this arrest record is available to federal Authorities for Immigration purposes. But expungement will stop future employers from being aware of this offense and in most cases expungement means you can say NO to arrests for job related matters.

Did you have a DUI Lawyer? Did you fail field sobriety tests? 

[Arjun Vijay]

Case Update Feb 2019:

I have completed all requirements stated by the court under the DUII diversion program

1. Victim's impact panel 
2.  Alcoholic evaluation analysis and Educational class (8 hours)
3.  IID device in vehicle for 6 months followed by filing a No negative report for having it removed after 6 months of nil negative readings
4.  Paid Court Fee

The only missing document is the court dismissal document which I will receive in August once I complete my 1 year under the diversion program. 

I was told that this dismissal document is very important and is needed for my visa interview. However, I was also told that if i can get a letter from my probationary officer stating that I have completed everything that was required of me under the diversion program then that letter can be used in place of the court dismissal document for the interview. I do have a family emergency which is why I have to travel  in April before my entire diversion program is complete.

Please advise if it is safe or risky to do that.

[dsm0029]

Please dont travel without court disposition document. You will face issues without this document in consular interviewInsert other media