H1b Stamping and DUI

[H1bhold3r]

Background:

In US 2008 – F1 visa

2012 – H1B petition got approved (direct employment). Did H1b Stamping in India same year

2012 – Dry Reckless. Wrong turn on one-way street. paid fine, Finished classes in 2013

2013 – Got DUI - 18 month probation and 3 years license suspension - Paid fines, community service, DUI classes. 

2014 - Visited India and stamping was not required. 

2015 - Caught while driving on suspended license just a week before my probation finishes. 

No injury, no damages in every case. 

2019 - Case expunged 

2017 –  approved I-140

Now it's time for me to visit my office in Europe July. Visa stamping was part of my business trip. Wife and kid stayed back in US in worst case scenario she can sell everything and come back. Consulted Murthy attorney and one other attorney before I left US. I was getting same response from both attorney so it gave me some confidence. 

2019 - Went for visa interview in Mumbai

Aug 8 – Biometrics

Aug 9  – visa interview

VO: Company name, location, salary, highest degree and then comes DUI

VO: I see that you dealt with law enforcement in past?

Me: yes and explained the incident

VO: Give the court documents

Me: Gave certified copies of all court documents

VO: After checking documents, your case is under admin processing and gave 221G and said I have to go through medical evaluation. Gave me white slip and ask me to submit passport with medical eval receipt, passport and certified court documents.

Finished medical evaluation next day at Rele. Paid some 16k and took almost 4-5 hours to finish entire evaluation.

Aug 18 – Submitted all my documents and VAC told me that I will get passport returned in 2-3 weeks

Sept 1 - Cast date got updated 

Sept 10 - Case Date got update again

Sept 16 - Status got update to Issued

Sept 18 - Got passport back at home. 

Sept 20 - Flew back to US

Officer asked same details again and ask me to go for secondary interview. Another office asked me the same thing about DUI but this time he asked me about details for driving on suspended license while on probation. I explained scenario why I drove. He ask me to seat in waiting area while he verify details and after 5 minutes he handed over passport back told me that I am good to go now. 

Plan for minimum 6-8 weeks for DUI related cases. Put down details with crime code in DS-160. Bring all your court papers. Be honest during interview and accept mistake since judgement is against you. keeping ourself patient and calm in this vulnerable situation is really hard but you have to do it. Each day is like a month long. Intense time since family was back in US. I joined gym for a month which actually helped me a lot to stay mentally and physically fit. So try to engage extra curricular activity.

Just sharing my experience. Hope this will help someone in some way.

[User099]

Congrats! I liked your advice to stay fit and be prepared to answer additional questions in each step of the way.

Drive carefully and stay safe.

[venky83]

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.

Edited November 1, 2019 by Raam1987

[thelama1981]

Hi Raam1987,

Thanks for your post - I am going through the same things.

I have a few questions - if you don't mind me asking:

 

1) What did you put on your Canada ETA in order to get into Canada? I believe there is a question that asks if you have any charges / arrests etc.

2) Am I right that the whole process from the date of your interview took around 3 weeks?

3) It seems like the Consulate Review took the longest time - did / can you do anything to speed it up?

 

Thank.

 

 

 

[mrav85]

Hi Raam,

With the DUI, how can you travel to Canada; as they treat DUI as a felony. I thought people who have a DUI, can't travel to Canada at all; unless you get Citizenship (Indian passport to US Passport).