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Venkat7 M

Administrative Processing for H1B stamping because of open DUI case

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Had a pending DUI case in the court and had to leave country because of family emergency. Requested court motion date to reschedule and got it done with the help of attorney. However my H1B visa stamping got revoked. This I came to know when I was trying to board flight in India returning to US. I was denied boarding. Then I wrote to embassy/ consulate to know what happened. They responded saying my visa got revoked and I need to reappear for consulate Interview. I appeared for in-person interview along with my wife (H4) in Chennai on January 31, 2019. Visa Officer issued a 221(g) blue for to submit all arrest and court documents along with Medical panel exam in Apollo. I completed medical panel exam in Apollo. On the same day (Febraury 1, 2019) I submitted all the tickets issued by police along with court motion documents filed by my DUI attorney. On Februrary 12, they returned the same 221(g) with no explanation. The status on their site still shows admin processing but the last updated date is February 12. May I know what are the next possible steps and what are the chances of getting approval. 

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2 hours ago, Venkat7 M said:

Had a pending DUI case in the court and had to leave country because of family emergency. Requested court motion date to reschedule and got it done with the help of attorney. However my H1B visa stamping got revoked. This I came to know when I was trying to board flight in India returning to US. I was denied boarding. Then I wrote to embassy/ consulate to know what happened. They responded saying my visa got revoked and I need to reappear for consulate Interview. I appeared for in-person interview along with my wife (H4) in Chennai on January 31, 2019. Visa Officer issued a 221(g) blue for to submit all arrest and court documents along with Medical panel exam in Apollo. I completed medical panel exam in Apollo. On the same day (Febraury 1, 2019) I submitted all the tickets issued by police along with court motion documents filed by my DUI attorney. On Februrary 12, they returned the same 221(g) with no explanation. The status on their site still shows admin processing but the last updated date is February 12. May I know what are the next possible steps and what are the chances of getting approval. 

This is a normal process for DUI cases. You need to wait for the consulate to respond back. It might take few more weeks. You will get approval unless they see any issues related to your employment.

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You dont have to worry once you submit your panel physician exam. The admin processing comes for everyone , you should be good. 

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Hi I am also in the same scenario , can u please tell me whether the court documents which we submit should have court seal and judge signature ??? My attorney just sent documents only over mail 

Edited by Sarhish

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Thank you all for the responses. I got another 221g to submit passports on February 14th and I submitted on the same day at Hyderabad VFS center. Now I am in waiting mode for the passports to arrive. It is very painful and no way to find out when it will come through

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Hi,

I wanted to post my experience of Visa Stamping in Toronto, Canada.

Note: The experience might not be similar to yours, so it may not answer your question, I am posting it for any one it might help.

My Scenario:

I had my DUI on 20th Feb, 2016.
I keep postponing my appearance in court.
With the case still under non-conviction mode, I applied for my VISA Stamping in Toronto for June, 2017.
I filled my DS-160 with complete disclosure of my incident (with dates) while booking the appointment.
I had approved I-140.
In general, the USCIS site did say that the VISA revocation notice would have been sent to my employer via email (but my employer did not mention any email of this kind to me).

My Experience:

My appointment was at 7:30 AM in the morning.
I showed up on time. I was one ofthe first in the queue.
I showed my Appointment Confirmation to the Visa Interviewer (VI).
VI asked for Passport, 797s, and Employement Letter.
VI asked if I have been arrested. I stated yes, and gave a 2 sentence explanation (indicated the case is still not convicted yet).
VI excuses himself for 2 minutes and came back with the 221G form.
VI gave me the form and clearly explained what should be the steps (the steps are below, and the 221G form explained all the steps as well)
[Anything from now onwards was handled through USCIS site only. The site is clear and tracks the case closely.]
    1. Find An Approved Diagnostics Center. Schedule An Appointment.
    2. I scheduled my examindation for next day. Showed up in the Diagnostics Center. Took Proper Tests (Urine, Personal Interview with Doctor).
    3. Diagnostics Center will give approximate date of providing results. I followed up every other day to make sure they are processing it.
    4. Diagnostics Center asked me to come and pick the sealed results. I picked the results and sent it via courier to Consulate (just the results). 
    5. The status in site will get updated accordingly.
    6. Consulate reviewed my case and in approximately 2 1/2 weeks asked me to send the passport. Everyday was day of prayer and regrets in my part for the DUI.
    7. Sent in the passport (all via Overnight Delivery), status got updated accordingly. Got the passport back with stamping in 4 days.


My Lesson:

Please state the truth of the incident (ALWAYS) in all future DS-160s.
Please hire a good lawyer who will keep you positive and help you with getting the documents easily.
Please remember the dates and details related to the incident, and rehearse a statement on incident if asked.
Please keep all records of the incident (Deposition, Community Service, Incident Report - I was not asked any of this).
Please be thorough of all information and hence can be confident in the answers.
POE always says that any other incident like this will affect the future.


I pray for anyone to not make the mistake I made.
I pray for anyone in this situation to get this sorted out correctly.
I am not sure if i posted this info during my actual stamping days. Here I am, hoping all is and will be well.

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