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H1B stamping with DUI and another incident

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Hi All,

Here is my timeline:

Nov 2011: Arrested for DUI. Taken into CWOF. Dismissed. (CWOF is a conviction as far as immigration is concerned)

Dec 2011: Taken into protective custody during a game. Picture taken and released. No breathalyzer, nothing at all. Just detained and then let go after the game was over.

Now comes the hard part of stamping. 

Before I came back to India, I consulted a couple of law firms about my case. Both of them said the same thing that the first incident was a conviction but the second incident wasn't an arrest and there should not be an "inadmissibility" issue regarding my visa. Once confirmed, I got the second law firm to create a memo stating all the details of the two incidents and how it affects my admissibility and my status in the US. 

They essentially stated in the memo that since my second incident wasn't an arrest and that they first incident happened in Nov 2011 (more than five years ago), they concluded and stated in the memo that I should not even be subjected to the physicians panel as well. I took multiple copies of the memo and certified case records.

Stamping Process

Both me and my wife had to go for stamping together. 

Biometrics done on Nov 26th

Thanksgiving break on thursday.

Consular Interview on Nov 29th

Here are the details:

We were assigned a window after standing in the queue for a while. The visa officer we got seemed to be new with her supervisor standing next to her. She called us, looked into the system for a while and then basically said, "Sir, you were arrested in the US?"

I explained her both the incidents and while she was listening to me, she already took out the blue and yellow 221g forms. Her supervisor was also standing by here and listening to the conversation. During this time, I explained her the whole thing and then gave her the memo and told her that it explained both the incidents.

She then looked into the system and talked to her supervisor and then basically said that it was long time ago. She then also looked into the the memo and basically seemed convinced with what it was stated, however she then said I don't think I want to see these documents right now. I want you to submit the court docs. She also asked me if I had ever gone to the physicians panel ever, I said no. She then gave me the two forms and said that its an easy process. I said OK. 

She then said, lets begin the rest of the interview. Asked general questions about how long I was with the company, when we were married, how much I earned and all. I answered all the questions. She then basically told me to go through the exam and submit the court docs. I asked her about the process, but since she was new, she didn't know much about it and basically told me that the forms explained everything.

Basically didn't ask my wife any question at all. In all, she seemed convinced that I didn't have to go through the processing but still gave me the forms anyways.

Timeline after the interview

29th Nov: Called Med Max in Delhi to schedule an appointment. Went through the whole thing the same day. They had the Psychologist in house as well and basically completed the whole thing that day. 

Dec 3rd: Collected the reports.

Dec 3rd: Went to the VAC center to deposit the docs along with the two 221g forms and the doctor's reports. They have a document checklist that you need to fill in with all the documents that you are submitting along with your passports. It is REALLY IMPORTANT that you submit all the passports that are involved in the petition. In our case, mine and my wife's. The VAC folks were adamant that I only submit my passport, but I told them based on other experiences that both passports had to be submitted.

Along with that, I submitted the certified court docs by the court clerk, the criminal DUI complaint, the memo and the record for the PC. They were again adamant that I only submit the certified court docs ONLY and all the other things were not needed. I told them that all those were essentially part of the court docs. 

Dec 4th: Case updated to administrative processing for both me and my wife.

Dec 6th: Case got updated to Issued. There was another case in Delhi consulate that was approved the same day. I guess they have a particular day on which they review the cases. 

Dec 10th: Passports got delivered. 

I would like to thank everyone here on the forum who helped me with all my questions.  @JoeF @pontevecchio @Shabee, @h1b2018extension @kp7008 all your pointers were helpful. I pray that no one ever has to go through this, I pray that no one ever gets stuck in this process. Please stay safe and don't break the law. I will post my POE experience as well. I hope others can benefit from the details that I stated above. 




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POE update. No questions asked at POE except for the Visa Type. Was referred to secondary processing, but no questions asked there as well. Thank you once again for all the help. stay safe. 

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