Got arrested for dui

[San.k]

Hi everyone,

I would like to have some suggestion on how to handle this situation.

1. My H1b visa got approved on Oct 2018 from my F1 visa. So right now I am on my H1B visa. Last week i have been arrested for dui for Bac 0.14. My H1B is valid until Sept 2021. 0.15 or above is considered as a factor of aggregation in our state.

2. Will my visa be revoked or deported?

3. I am trying to hire a criminal attorney and an immigration attorney.

4. I am thinking to go for visa stamping this year.

5. According to NC law, my dui comes under class 5 which is most lenient. My driving history is good and this is my 1st dui. Also this issue does not come under aggregated felony or crime of moral terpitude.

6. Please give me advise on how to deal with this issue.

Thank you in advance.

[pontevecchio]

Your visa may be prudentially revoked and you may get a letter stating so. That means you will need a new visa next time you travel .

They call DUI the "Ten Thousand Dollar Drive Home" and in NC I suspect after a day in jail. You need to get a DUI Lawyer and also an Immigration Lawyer who will interact with the DUI Lawyer to minimize damage in terms of the longer term.

Any guidance from a forum may be at best biased and at worst wrong. Stick to the professionals.

[xTDx]

1 hour ago, San.k said:

Hi everyone,

I would like to have some suggestion on how to handle this situation.

1. My H1b visa got approved on Oct 2018 from my F1 visa. So right now I am on my H1B visa. Last week i have been arrested for dui for Bac 0.14. My H1B is valid until Sept 2021. 0.15 or above is considered as a factor of aggregation in our state.

2. Will my visa be revoked or deported?

3. I am trying to hire a criminal attorney and an immigration attorney.

4. I am thinking to go for visa stamping this year.

5. According to NC law, my dui comes under class 5 which is most lenient. My driving history is good and this is my 1st dui. Also this issue does not come under aggregated felony or crime of moral terpitude.

6. Please give me advise on how to deal with this issue.

Thank you in advance.

1. Ok.

2. Revoked : quite probably it is revoked already. Deported: Quite probably No.  Did someone talk to you from immigration after your arrest and asked about i94 etc ? If yes, your visa is revoked for sure. If not, you can assume it will be soon.

3. This should be your number one priority.

4. Be prepared for 221g admin processing and full panel medical exam ordered by consulate officer.

5. See 3. Consult a competent law firm/attorney please. 

[rvk2ab]

First finish all the court legal proceedings. Hire best lawyer to get the best outcome.

yes your visa will be revoked. You should have/ will get an email from consulate of your last stamping.

Visa stamping should not be an issue for 1st DUI. But again consult an attorney before leaving the country as every case is different.

Read posts of my stamping experiences from my profile

Also please post your experience diligently at every step so that it will be helpful for others

[San.k]

Should my employer apply for the visa again or i can go for stamping with the visa documents i currently have?

[pontevecchio]

Only you can apply for the visa stamp at the consulate. Your approved petition remains approved.

[San.k]

Will my employer know about my DUI as they are the one who applied for H1B petition?

[pontevecchio]

Since your visa is going to be possibly delayed when you go for stamping, it will be in your own Interest to let the employer/Your supervisor know what happened and let the chips fall where they may.