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srs1610

NEED ADVICE: Have to go for H1-B stamping after DUI dismissed case

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This year in July 2010 i was arrested for DUI and after discussing with city prosecutor my lawyer was able to get me on Diversion for 1 year with some other requirements like classes , DUI victim panel , fees etc .

I was on STEM OPT at that point. My company had filed for H1-B and it got later approved ( which was one of biggest worries bcos the case) and i am currently on H1-B.

This month i completed all my formalities before time for diversion and lawyer appealed for early closure of the case which got approved . Now the case is dismissed in 5 months. 
 

I have to travel to India this December due to some important family reasons and so will i have to go through stamping and visa interview .

I need help understanding the following-

1) what all documents do i need to carry to India regarding the case and others

2) Can my visa be denied by officer? What are usual outcomes for DUI H1-b stampings

3) l have read about 221 slips and going thru medical evaluation. What duration can i expect for the whole process to get completed in

4) Is it recommended to go to India just after your case is dismissed, i know some or the other day i have to but since it being a important family issue i cannot extend .what are your thoughts.

 

thank you for your help.  

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Carry the final court certified documents that show your case was dismissed (multiple copies for the visa interview, POE, etc.), police report (present if asked at the interview or later via email). You will be fine, if this is the only arrest that ever happened.

The VO is likely to send you for the certified physician examination. I have seen in forums that it take take around maximum 60 days after the interview to resolve and get the visa issued.

Be truthful in you DS-160 and at the interview keep answers short and don't divulge anything unless asked.

Best of luck!

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You should be fine , Key to communicate during interview is You were arrested but not convicted...You may expect some delays in getting your passport back but more than likely you should get your visa if this is the only thing and you say the truth on DS 160 - mention you were arrested but case was dismissed

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On 11/24/2019 at 9:29 PM, sharmaa12 said:

Carry the final court certified documents that show your case was dismissed (multiple copies for the visa interview, POE, etc.), police report (present if asked at the interview or later via email). You will be fine, if this is the only arrest that ever happened.

The VO is likely to send you for the certified physician examination. I have seen in forums that it take take around maximum 60 days after the interview to resolve and get the visa issued.

Be truthful in you DS-160 and at the interview keep answers short and don't divulge anything unless asked.

Best of luck!

Thank you @sharmaa12

i went to the municipal court and police records office . And they gave me court certified copies of disposition paper & ticket but police records office said they do not have any records of police arrest as the case was dismissed .
On the DS-160 , where it is asks about ‘ have you ever been arrested or convicted etc etc , EXPLAIN :-‘ and ‘why was your F1 visa revoked , EXPLAIN-‘

What level of details should i mention ? Would it be as simple as , arrested due to DUI on mm/dd/yy but later dismissed per diversion on mm/dd/yyy or very detailed explanation.  
i want to be very cautious that i put right amount of info on the form for both the questions.
 

thank you so much for you help.

Edited by srs1610

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On 11/25/2019 at 8:09 AM, Experiencepeace said:

You should be fine , Key to communicate during interview is You were arrested but not convicted...You may expect some delays in getting your passport back but more than likely you should get your visa if this is the only thing and you say the truth on DS 160 - mention you were arrested but case was dismissed

 @Experiencepeace

Asking this question agn since its been very stressful and been hesitant to fill up yet.

On the DS-160 , where it is asks about ‘ have you ever been arrested or convicted etc etc , EXPLAIN :-‘ and ‘why was your F1 visa revoked , EXPLAIN-‘

What level of details should i mention ? Would it be as simple as , arrested due to DUI on mm/dd/yy but later dismissed per diversion on mm/dd/yyy or very detailed explanation.  
i want to be very cautious that put right amount of info on the form for both the questions.

Edited by srs1610

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@sharma12  Any idea how to get the arrest records? I am in India and VO asked me to submit the arrest records. When reaching out to the Sheriif, he declined the request to provide the arrest record.

I have a single DUI with expunged record.

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On 12/4/2019 at 8:36 AM, srs1610 said:

Thank you @sharmaa12

i went to the municipal court and police records office . And they gave me court certified copies of disposition paper & ticket but police records office said they do not have any records of police arrest as the case was dismissed .
On the DS-160 , where it is asks about ‘ have you ever been arrested or convicted etc etc , EXPLAIN :-‘ and ‘why was your F1 visa revoked , EXPLAIN-‘

What level of details should i mention ? Would it be as simple as , arrested due to DUI on mm/dd/yy but later dismissed per diversion on mm/dd/yyy or very detailed explanation.  
i want to be very cautious that i put right amount of info on the form for both the questions.
 

thank you so much for you help.

Yes , that should be sufficient, only advise is not to provide any factually incorrect information

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Ok first of all I apologize foe checking the messages late.

@srs1610 

What level of details should i mention ? Would it be as simple as , arrested due to DUI on mm/dd/yy but later dismissed per diversion on mm/dd/yyy or very detailed explanation.  
i want to be very cautious that put right amount of info on the form for both the questions.

I recently filled out a DS160 myself and I only filled out the code for my arrest record for which I was convicted for. eg whatever state it is lets say its Iowa, then just write final conviction for IA code 708.1(2) etc. If you were not convicted just write arrested for whatever code, but case disissed and NO conviction. Hope this helps. Basically just write 1 sentence summarizing what the case was, nothing more.

@NJ2020

Any idea how to get the arrest records? I am in India and VO asked me to submit the arrest records. When reaching out to the Sheriif, he declined the request to provide the arrest record.

Someone has to do it for you. If you have a lawyer, reach out to him/her and they can go to the local court where the case was in the US on your behalf. You may need to write a letter saying you know the case is expunged but you need your lawyer to get certified court copies etc and send it to your lawyer. He/She can then take the letter to the court and then show them, pay the fees, and get certified copies for you.

Remember to get multiple copies. Once you submit the certified copies to the embassy, you won't get it back. You might need more for POE questions, future stampings, GC stuff, future POE travels etc.

All the best you guys!

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