sunny19831979 Posted January 9, 2014 Report Share Posted January 9, 2014 I pled guilty to a regular DUI (less than 0.08% BAC). I have completed all the requiremenets, jail time, ignition interlock device was removed about 2 months ago, all the classes/counselling, etc. I am visiting India and I am wondering how does it affect my h1b visa stamping to come back to USA? Could my H1b visa be rejected because I was charged with DUI in July 2012? This is the only criminal (misdemeanor) record I have and nothing else. Link to comment
jairichi Posted January 10, 2014 Report Share Posted January 10, 2014 I pled guilty to a regular DUI (less than 0.08% BAC). I have completed all the requiremenets, jail time, ignition interlock device was removed about 2 months ago, all the classes/counselling, etc. I am visiting India and I am wondering how does it affect my h1b visa stamping to come back to USA? Could my H1b visa be rejected because I was charged with DUI in July 2012? This is the only criminal (misdemeanor) record I have and nothing else. You would be asked by VO to undergo medical evaluation. While returning back to US at POE you might be subjected to secondary inspection. Link to comment
pontevecchio Posted January 10, 2014 Report Share Posted January 10, 2014 You really should have talked to an Immigration Lawyer before any plea. Now please do so. Why an Ignition Interlock for a lower BAC? Link to comment
kishore122 Posted January 19, 2014 Report Share Posted January 19, 2014 DUI is not a problem, i do have one. The only problem is the arrest record that goes with it. There are many posts in here that are helpful. Back in 2007 they have a rule for first offence DUIs to have medical evaluation in the place where one goes for stamping if the arrest relating to a DUI is less than 3 years old. To answer your question - No, your visa will not be effected by the DUI. However, you are supposed to mention your arrest in DS-160 or where ever the question is asked and carry all court documents, arrest records and all the completion certificates and stuff you do after the judgement and Parole officer letter telling Judge that you completed the required as per the judgement. All receipts paid to court, Parole officer and community service. They will ask about what happened the DUI night, admit the facts and walk away with the H1B stamp. I am sure there will not be a next time, but try not getting caught driving drunk, and if you ever did, try not pleading guilty. You could have pleaded "No-Contest" (personal experience) or just got an attorney to do the talking. My DUI was expunged after one year doesn't come up on my driving history and or insurance history. Its just a misdemeanor. Good luck. Link to comment
sunny19831979 Posted January 28, 2014 Author Report Share Posted January 28, 2014 DUI is not a problem, i do have one. The only problem is the arrest record that goes with it. There are many posts in here that are helpful. Back in 2007 they have a rule for first offence DUIs to have medical evaluation in the place where one goes for stamping if the arrest relating to a DUI is less than 3 years old. To answer your question - No, your visa will not be effected by the DUI. However, you are supposed to mention your arrest in DS-160 or where ever the question is asked and carry all court documents, arrest records and all the completion certificates and stuff you do after the judgement and Parole officer letter telling Judge that you completed the required as per the judgement. All receipts paid to court, Parole officer and community service. They will ask about what happened the DUI night, admit the facts and walk away with the H1B stamp. I am sure there will not be a next time, but try not getting caught driving drunk, and if you ever did, try not pleading guilty. You could have pleaded "No-Contest" (personal experience) or just got an attorney to do the talking. My DUI was expunged after one year doesn't come up on my driving history and or insurance history. Its just a misdemeanor. Good luck. Thank you Kishore. Unfortunately I got another DUI last night. I am selling my car because I do not want a 3rd one. With the 2nd DUI, I am really scared. Do you know anyone who was able to get visa stamped after getting 2 DUIs? Link to comment
rahul412 Posted January 28, 2014 Report Share Posted January 28, 2014 Thank you Kishore. Unfortunately I got another DUI last night. I am selling my car because I do not want a 3rd one. With the 2nd DUI, I am really scared. Do you know anyone who was able to get visa stamped after getting 2 DUIs? Selling your car won't stop you from getting DUI. You need to stop drink and driving, this will help you. Their are few cases where ppl got their visa with DUI's, just search in this forum. But I suggest you to contact an attorney before the interview. Link to comment
pontevecchio Posted January 28, 2014 Report Share Posted January 28, 2014 Please take this matter seriously. A second conviction often means jail time. Which state are you in? Get a very good DUI Lawyer involved and also a Good Immigration Lawyer. Be prepared to spend upwards of 20,000 USD as your only chance is to have this DUI arrest successfully defended. Also seriously consider whether other options are open to you as regards your future. After all never returning here is not such a pain. Link to comment
JoeF Posted January 29, 2014 Report Share Posted January 29, 2014 Selling your car won't stop you from getting DUI. You need to stop drink and driving, this will help you. Their are few cases where ppl got their visa with DUI's, just search in this forum. But I suggest you to contact an attorney before the interview. A drunk person can get a ticket even without driving. In some states that's called PUI (Pedestrian Under the Influence) or Public Intoxication. This is obviously a situation with alcohol addiction. The person should check into rehab. Link to comment
rahul412 Posted January 29, 2014 Report Share Posted January 29, 2014 A drunk person can get a ticket even without driving. In some states that's called PUI (Pedestrian Under the Influence) or Public Intoxication. This is obviously a situation with alcohol addiction. The person should check into rehab. Thanks for the info. I didn't knew about PUI. Link to comment
maayankbhatia Posted April 7, 2014 Report Share Posted April 7, 2014 Hi, I got arrested for a DUI in Aug 2009 in CA, plead guilty in court in Jan 2010. I went to India (Delhi) for visa stamping in Jan 2012, got it stamped but had to do medical examinations. I'm going again for visa stamping (Delhi) in May next month, would I've to do medical exams again since it's been more than 3 years? Can you let me know? Thanks. Link to comment
maayankbhatia Posted April 10, 2014 Report Share Posted April 10, 2014 Any comments on this please? Thanks. Link to comment
maayankbhatia Posted April 10, 2014 Report Share Posted April 10, 2014 Any comments on this please? Thanks. Link to comment
jj99 Posted June 12, 2014 Report Share Posted June 12, 2014 Hi desi555, Can you please share your interview experience? Did they ask for another medical test? Please let me know jj99 Link to comment
mitsu3000gt Posted June 30, 2014 Report Share Posted June 30, 2014 @desi555 If you are still looking for an answer - No, you donot need to go for Physician evaluation again. VO will ask about the arrest record again, and you need to tell him the truth. Although he has a record of everything from yoru first H1b interview- it would be advised to mention him that you went through medical evluation etc. This is coming from my personal experience. DUI in 2006, First stamping in 2008, second stamping in 2009 Link to comment
shrpra0825 Posted January 5, 2015 Report Share Posted January 5, 2015 @desi 555: Did you have to go to the panel for re-testing? Link to comment
shrpra0825 Posted January 21, 2015 Report Share Posted January 21, 2015 @desi555 If you are still looking for an answer - No, you donot need to go for Physician evaluation again. VO will ask about the arrest record again, and you need to tell him the truth. Although he has a record of everything from yoru first H1b interview- it would be advised to mention him that you went through medical evluation etc. This is coming from my personal experience. DUI in 2006, First stamping in 2008, second stamping in 2009 Hi, I got arrested for a DUI in Aug 2009 in CA, plead guilty in court in Jan 2010. I went to India (Delhi) for visa stamping in Jan 2012, got it stamped but had to do medical examinations. I'm going again for visa stamping (Delhi) in May next month, would I've to do medical exams again since it's been more than 3 years? Can you let me know? Thanks. Can you please update if you had to do medical exams? Link to comment
sunny19831979 Posted January 4, 2016 Author Report Share Posted January 4, 2016 I just want to share that I was taken for secondary screening in Feb 2014 an Dec 2015 at POE and the officer didn't ask me anything the 1st time and during second time he asked me if I like my job and after replying I love my job and will never do this again; he let me go. BTW, i was found not guilty for 2nd dui Link to comment
newuser12345 Posted November 15, 2017 Report Share Posted November 15, 2017 On 4/8/2014 at 3:36 AM, maayankbhatia said: Hi, I got arrested for a DUI in Aug 2009 in CA, plead guilty in court in Jan 2010. I went to India (Delhi) for visa stamping in Jan 2012, got it stamped but had to do medical examinations. I'm going again for visa stamping (Delhi) in May next month, would I've to do medical exams again since it's been more than 3 years? Can you let me know? Thanks. Hi, do you remember how long after medical did it take you to get visa in 2012? I am in similar boat and submitted my medical report and passport at VAC 3 weeks back but case is still in admin processing. I am scared and not sure how will it take? Please share your status updates. Link to comment
sweetyhoney Posted December 3, 2018 Report Share Posted December 3, 2018 On 1/9/2014 at 6:44 PM, sunny19831979 said: I pled guilty to a regular DUI (less than 0.08% BAC). I have completed all the requiremenets, jail time, ignition interlock device was removed about 2 months ago, all the classes/counselling, etc. I am visiting India and I am wondering how does it affect my h1b visa stamping to come back to USA? Could my H1b visa be rejected because I was charged with DUI in July 2012? This is the only criminal (misdemeanor) record I have and nothing else. Can you please update your VISA stamping experience ? Link to comment
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