Need help: Visa Refusal with waiver for B1 visa after DUI


theace

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Hi All,

In Aug 2017, I was arrested for DUI with (BAC .14) and after the case went on for few months in court, I plead Guilty to charges, so was convicted for DUI in May 2018. I had paid all the fines, completed classes, etc. and the case was closed with probation of 3 years and licence suspended.

In June 2018, I left my then Employer A in US and traveled to India to join the new Employer B in India.

Now last month, in Oct 2019, my current Employer B raised my B1 to travel to US for 4 weeks. My Bio-metrics and Visa-Interview was scheduled for 1st week of Nov 2019 in Kolkata Consulate.

My Bio-metrics went perfectly fine. Next day, when I went for Visa-interview, as I had mentioned the details about my arrest & DUI in DS160 form, the interviewer asked me details about my arrest, which I shared with her and showed all the documents as well.

That day she gave me the paper that said your visa is denied under section 214(b). So, I understood, that meant my visa is denied and I would have to apply for new application, if I need a visa. 

But after 3-4 days, I received a mail from Kolkata Consulate, which had different section details. It had the following boxes checked.
- Section 212(a)(1) health-related grounds
- You are eligible to apply for a waiver of the ground(s) of ineligibility.

Now, I am confused, what should I do, as I am given different info over mail, and it also mentions about waiver, which I am not sure, what it means.

Kindly reply, and help me what should I do next.

Thanks,
Regards...

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  • 2 months later...
On 11/11/2019 at 1:33 AM, theace said:

Hi All,

In Aug 2017, I was arrested for DUI with (BAC .14) and after the case went on for few months in court, I plead Guilty to charges, so was convicted for DUI in May 2018. I had paid all the fines, completed classes, etc. and the case was closed with probation of 3 years and licence suspended.

In June 2018, I left my then Employer A in US and traveled to India to join the new Employer B in India.

Now last month, in Oct 2019, my current Employer B raised my B1 to travel to US for 4 weeks. My Bio-metrics and Visa-Interview was scheduled for 1st week of Nov 2019 in Kolkata Consulate.

My Bio-metrics went perfectly fine. Next day, when I went for Visa-interview, as I had mentioned the details about my arrest & DUI in DS160 form, the interviewer asked me details about my arrest, which I shared with her and showed all the documents as well.

That day she gave me the paper that said your visa is denied under section 214(b). So, I understood, that meant my visa is denied and I would have to apply for new application, if I need a visa. 

But after 3-4 days, I received a mail from Kolkata Consulate, which had different section details. It had the following boxes checked.
- Section 212(a)(1) health-related grounds
- You are eligible to apply for a waiver of the ground(s) of ineligibility.

Now, I am confused, what should I do, as I am given different info over mail, and it also mentions about waiver, which I am not sure, what it means.

Kindly reply, and help me what should I do next.

Thanks,
Regards...

This is surprising to me, based on single DUI and without medical how they can deny your visa. what is current status ?

Also, you said you got 3 yrs of probation..according to the dates you mentioned..seems like you left states without completing that  and if your probation is not completed, case cannot be closed. 

There are some pieces of information is missing here. you have to share complete detail before anyone here can give you some suggestion.

What is the current status of your situation ? Are you able to sort out this situation ?

 

 

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