H1B visa Stamping Denied due to DUI in Hyderabad

[ArjunReddy200]

Hi,

H1B visa Stamping Denied due to DUI in Hyderabad.

I got DUI in Jan 2018 in USA and my case was completed in March 2019, I came to India in July 2019 and went for stamping in Hyderabad and they have denied my Stamping based on DUI.

Whats my next steps, can I come to USA on H4 visa, my wife has H1B visa and she is still in USA.

Need some suggestions.

[pontevecchio]

Time to discuss matters with the firm of Murthy or any of your choice. Talk to the firm in Chennai and then take it further.

[venky83]

Do they directly rejected or did you went by the medical screening. and happened can you share your experience please.

My current situation 

Hello,

Thanks in advance.

I have got an DUI with bac:0.0125 on Feb 2019 and my case got completed by sentencing 300$ fine,24 hrs of community serves,24 hrs Alcohol classes and no probation and my licenses got reinstated with interlock for 8 months.

I completed my sentence .right now using interlock more 7 months left.

when I got arrested I got email stating my my visa got revoked prudentially,right now I m in stem opt.I have applied for H1b and it got picked.regular processing.Now it got crossed to 180 days and no response and my employer is planning to convert to premium process.

what are the chance of my H1B denial?
will my DUI case be effect my change of status from F1-TO-H1B?
If my H1B denied can I work on my current stem opt which is up to 2021?
on which basis do USCIS approved change of status ?
If My H1B denied.Can I go to my home country and get stamp to re-enter into USA with STEMOPT status .what are the chances of getting stamped?

Thankyou

[Raam1987]

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.

[kumar2604]

On 7/15/2019 at 9:43 PM, ArjunReddy200 said:

Hi,

H1B visa Stamping Denied due to DUI in Hyderabad.

I got DUI in Jan 2018 in USA and my case was completed in March 2019, I came to India in July 2019 and went for stamping in Hyderabad and they have denied my Stamping based on DUI.

Whats my next steps, can I come to USA on H4 visa, my wife has H1B visa and she is still in USA.

Need some suggestions.

Hey Arjun,

do you have any updates on your case? can you please share it over here? 

[PositiveOutcome]

Reddy, any update on your case ? Did you reapply ?

[vic68]

Hey Arjun, Any update on your case?