successful visa stamping with and expunged DUI Conviction

[reddy123]

Hi All
 

I had a successful visa stamping at Hyderabad on Dec 8, 2015. Here is what happened.
 

July 12, 2011

Got arrested for DUI with BAC - 0.09

Hired a top notch lawyer. Ofcourse, shelled out a lot of $$$$

Nov 11,2011
Pleaded No Contest, Charges were reduced to Wet Reckless driving.
 

Nov 11, 2013

Expunged my Conviction record.

 

Didn't travel to India until Dec,2015

 

Dec 7, 2015

Finger Printing done
 

Dec 8, 2015

VO: Good Morning. How are you?

Me: Good Morning mam. Doing just wonderful. How are you ?

VO: Which company do you work for ?

Me : XXXXX ( btw folks... I work full time for a client )

VO: What's your annual salary

Me: XXXXXX

VO: ** Asked me a funny question regarding the benefits that I get from my client **

Me: ** Paused for a second, not to know what to say **

VO : I'm just kidding Sir. Your visa is approved.
 

No questions asked about my DUI or arrest. ( Yes, I did fill it up in the DS 160 form). No Physicians panel.

 

Dec 11, 2015

Picked up my passport.
 

At the Port of Entry

The immigration officer scanned my passport, checked all the H1 documents and let me in. He didn't even take my finger prints. I asked him couple of times if it okay for me to go without giving the fingerprints. He said that the system is not asking for my fingerprints and this happens with some people it seems.

 

P.S : Honestly, I have not idea if the easiness during the Visa Interview and POE is due to reduced charges of wet reckless or conviction expungement.

 

Thanks,

B

[pontevecchio]

Every arrest is not automatically entered into the feds database. Expungement of the record and the fingerprints may be responsible for the situation. Hopefully you are aware you need to be very careful for 10 years not to drink and drive.

[reddy123]

I was fingerprinted when I was arrested. Expungement hide your record. It just says that the case was expunged. And yes, not just for 10years. I would never drink and drive in my whole life. I can't make another costly mistake.

 

~B

[pontevecchio]

Expungement is of various types based on state law. Expungement of the arrest record, Expungement of the Fingerprint record, Expungement of the Mug shot etc., Expungement of all records pertaining to the matter with mandatory certification by the appropriate authorities that the judges orders have been obeyed. Secondly wet reckless driving in CA the eventual conclusion in your case did not need mandatory arrest. Best of luck in moving on. 

[century]

Bikku - did your arrest record pop up at port of entry??

[century]

Even expunged conviction or arrest is visible to immigration authorities

[pontevecchio]

You are welcome to believe that. But not true from personal experience.

[bikrambhuyan]

Anyone with DUI or DWI conviction, please have a look at the below article from Murhty.com website. I received in yesterday in one of its newsletter. Thought of sharing it in the group.

 

http://www.murthy.com/2016/02/16/drunk-driving-arrests-result-in-visa-revocations/

[century]

Oh ok that sounds scary so anyone with moral turpitude crime arrest only can also have visa denied also

[reddy123]

@century : I didn't get fingerprinted at the port of entry. I guess your record pops up only when you get fingerprinted. Thats what I was thinking atleast !!!

 

@pontevecchio : you refering your comments to me or to century ?

 

~B

 

[rahul412]

AFAIK, fingerprinting is mandatory at POE.

[pontevecchio]

All my comments are to the Op.

[reddy123]

@rahul : The immigration officer told me that the system is not asking for my fingerprints and he asked me to proceed to the baggae claim, I asked him couple of times if it's ok to proceed without giving the fingerprints and he said it should be fine.

 

~B

[murtyadvise]

I am writing my story as I was in a lot of stress and wanted to know clear information.

I want you guys to first in place not be in my situation. If you are in then just read through this information and be aware and prepare ahead of time.

 

Dui 1: Feb 14^th 2010

Bac: .20

San Francisco

Got expunged on march 2013 from SF court

 

Dui 2: April 24^th 2015

Bac: .165

Denver

 

 

On DS 160 form I stated about both the duis and mentioned first one got expunged.

 

Visited India on December 2015. I am on H1-b and I was getting my 1^st H1-b visa.

Visited Mumbai US Embassy on Dec 21^st 2015.

 

VO: Welcome to US embassy. May I see passport, I-797.

Me: Gave document

VO: Where do you work?

Me: Answered

VO: Can you describe my role?

Me: Described

VO: I see you have 2 duis and recent one is with one year?

Me: Yes

VO: Gave me passport back and the 221 g form and told me since I have multiple duis and recent one is with in a year. I have to go through medial test.

VO: Said

• I have to take test
• Then Clinic will send the results directly to US embassy along with the 221g form
• Then based on the result we will update user saying that “send passport”
• Then you drop off the passport at Mumbai drop off location.

Me: Thank you

 

Next steps:

• Stepped out of the embassy.
• Took cab and went to Rele Clinic
• Asked cab driver to take through the toll road and paid extra fees as its faster
• Called Rele Clinic and told them I need an appointment for the same day
• Mentioned to Rele Clinic US embassy gave me 221g because of dui and asked me to go through some tests
• They are aware of what we are talking about
• They said there is no appointment its walk-in (I would recommend to call as they would expect your coming and you can confirm your headed to right location)

 

At Rele Clinic on Dec 21^st:

• Filled some forms
• Gave blood
• Met Dr. Rele
• He asked me about my drinking habits and any past problems I had drinking related.
• Took check x-ray
• Then asked for around 12 passport size pictures
• Referred me to a therapist
• Gave me some slip
• Once of boy that works at rele clinic walked with me to therapist to show the way
• Therapist asked me a lot of questions about my drinking habits
• And he was writing a lot on a sheet of paper based on my responses
•  They he said I am done and he will send the report to Dr. Rele same day
• Based on the report Dr. Rele will send my 221g form along with final report to US Embassy
• I came back to Rele Clinic
• Completed my paper work.
• Rele Clinic gave me a CD in a Sealed envelope and said it has my xray results and asked me not to open. They said at the port of entry visa officer will ask for this CD.
• Rele Clinic said they will send the report back to US Embassy in a day or 2.

 

 

On Dec 28^th my status got updated and I also got mail from US travel doc saying please submit passport. Submitted passport the same day.

 

Then tracked visa status. On Jan 14^th it said visa issued passport ready for pickup.

 

Collected passport same day and flew to US on Jan 15^th

 

At the Port of Entry:

• Officer asked – Have you ever been arrested. I replied yes. Officer asked me to to go to another room. Where another officer took my passport and I-797. I was told that Visa is privilege and I can’t be repeating these things. He said he will not let me in. And Asked me to take a seat. I sat down for about 15 to 20 minutes then the same officer called me again and he stamped my passport and said welcome to US. They never asked me for any CD that Rele Clinic gave me.

 

 

 

Rele Clinic:

Address: 10 AA, Gita Building, A Wing, 2nd Floor,, Pandita Ramabai Road, Gamdevi, Mumbai, Maharashtra 400007, India

Phone: +91 22 2361 3737

 

US embassy Passport drop off location:

Address: Trade Centre, Ground Floor, Opposite MTNL, Bandra-Kurla Complex, Mumbai, Maharashtra 400051, India

Phone:+91 99878 43371

 

 

US Visa Tracking:

https://ceac.state.gov/ceacstattracker/status.aspx

 

http://www.ustraveldocs.com/in/in-niv-passporttrack.asp

 

[srinius]

Hi,

Please advise, DUI with .26 BAC (1st time). still case is going on.

 

Hired criminal and immigration lawyer, my concern is about green card (PD Nov 2010) effect on this issue.

 

Immigration lawyer mentioned there won't any problem since it is first offense.

 

Anyone in similar situation? Please let me know.

 

Thanks in advance.

[soafan2016]

@murtyadvise: Thanks for the detailed summary for your case.

 

Even I had my visa interview at Mumbai Consulate recently and I am done with my Medicals as well. 

 

Was your 221(g) sheet White and was it mentioned to submit passport and medical receipts after 5 business days after medical and psychological exam?

 

You can also e-mail me at *******************@gmail.com

[soafan2016]

Hi,

Please advise, DUI with .26 BAC (1st time). still case is going on.

 

Hired criminal and immigration lawyer, my concern is about green card (PD Nov 2010) effect on this issue.

 

Immigration lawyer mentioned there won't any problem since it is first offense.

 

Anyone in similar situation? Please let me know.

 

Thanks in advance.

 

I am in similar situation but my BAC is way less than yours. Can you e-mail me at ***************@gmail.com

[Dhandapani V]

On 3/12/2016 at 9:38 PM, murtyadvise said:

I am writing my story as I was in a lot of stress and wanted to know clear information.

I want you guys to first in place not be in my situation. If you are in then just read through this information and be aware and prepare ahead of time.

 

Dui 1: Feb 14^th 2010

Bac: .20

San Francisco

Got expunged on march 2013 from SF court

 

Dui 2: April 24^th 2015

Bac: .165

Denver

 

 

On DS 160 form I stated about both the duis and mentioned first one got expunged.

 

Visited India on December 2015. I am on H1-b and I was getting my 1^st H1-b visa.

Visited Mumbai US Embassy on Dec 21^st 2015.

 

VO: Welcome to US embassy. May I see passport, I-797.

Me: Gave document

VO: Where do you work?

Me: Answered

VO: Can you describe my role?

Me: Described

VO: I see you have 2 duis and recent one is with one year?

Me: Yes

VO: Gave me passport back and the 221 g form and told me since I have multiple duis and recent one is with in a year. I have to go through medial test.

VO: Said

• I have to take test
• Then Clinic will send the results directly to US embassy along with the 221g form
• Then based on the result we will update user saying that “send passport”
• Then you drop off the passport at Mumbai drop off location.

Me: Thank you

 

Next steps:

• Stepped out of the embassy.
• Took cab and went to Rele Clinic
• Asked cab driver to take through the toll road and paid extra fees as its faster
• Called Rele Clinic and told them I need an appointment for the same day
• Mentioned to Rele Clinic US embassy gave me 221g because of dui and asked me to go through some tests
• They are aware of what we are talking about
• They said there is no appointment its walk-in (I would recommend to call as they would expect your coming and you can confirm your headed to right location)

 

At Rele Clinic on Dec 21^st:

• Filled some forms
• Gave blood
• Met Dr. Rele
• He asked me about my drinking habits and any past problems I had drinking related.
• Took check x-ray
• Then asked for around 12 passport size pictures
• Referred me to a therapist
• Gave me some slip
• Once of boy that works at rele clinic walked with me to therapist to show the way
• Therapist asked me a lot of questions about my drinking habits
• And he was writing a lot on a sheet of paper based on my responses
•  They he said I am done and he will send the report to Dr. Rele same day
• Based on the report Dr. Rele will send my 221g form along with final report to US Embassy
• I came back to Rele Clinic
• Completed my paper work.
• Rele Clinic gave me a CD in a Sealed envelope and said it has my xray results and asked me not to open. They said at the port of entry visa officer will ask for this CD.
• Rele Clinic said they will send the report back to US Embassy in a day or 2.

 

 

On Dec 28^th my status got updated and I also got mail from US travel doc saying please submit passport. Submitted passport the same day.

 

Then tracked visa status. On Jan 14^th it said visa issued passport ready for pickup.

 

Collected passport same day and flew to US on Jan 15^th

 

At the Port of Entry:

• Officer asked – Have you ever been arrested. I replied yes. Officer asked me to to go to another room. Where another officer took my passport and I-797. I was told that Visa is privilege and I can’t be repeating these things. He said he will not let me in. And Asked me to take a seat. I sat down for about 15 to 20 minutes then the same officer called me again and he stamped my passport and said welcome to US. They never asked me for any CD that Rele Clinic gave me.

 

 

 

Rele Clinic:

Address: 10 AA, Gita Building, A Wing, 2nd Floor,, Pandita Ramabai Road, Gamdevi, Mumbai, Maharashtra 400007, India

Phone: +91 22 2361 3737

 

US embassy Passport drop off location:

Address: Trade Centre, Ground Floor, Opposite MTNL, Bandra-Kurla Complex, Mumbai, Maharashtra 400051, India

Phone:+91 99878 43371

 

 

US Visa Tracking:

https://ceac.state.gov/ceacstattracker/status.aspx

 

http://www.ustraveldocs.com/in/in-niv-passporttrack.asp

 

My son had his interview on 14th Jan 2017. He was given 221g and he was asked to go thru medical checkup on. Did the medical on 19th Jan. The physician asked for present and past habit (prior to the incident) related to alcohol. Present: When he has social drink, he would strictly avoid driving. He would take UBER back home. Physician recorded approx occasions in a month. His session with therapist was extremely cordial. The therapist stated to write positive comments. At the clinic, a sealed cover containing a CD was given (to be opened at the port of entry by authorized personnel). My son has been asked to handover passport, receipt issued by the clinic, 221g after 5 days of medical.  As parents, we go thru tense moments (awaiting response by consular office).

My questions:

1) Present habit: Take UBER after a social drink - Will it impact negatively ?  

2) Therapist's positive comments: Will it be deciding factor ?    

3) Sealed cover containing CD to be opened at the port of entry: I presume  the physical report must be fine. Will this have a positive impact on the outcome

Please respond,

Worried Parents passing thru tense moments.

[lessonlearned]

I hope and pray your son gets the visa asap. Kindly keep us posted as I am planning to get my stamping again this year.

Thanks 

 

[dui_due]

Dhandapani V,

                     I am really sorry to hear that you are going through difficult times. I pray god that your son gets the VISA without any issues. Please post the updates, I am also in the same situation.

[lessonlearned]

On 1/19/2017 at 8:16 PM, Dhandapani V said:

My son had his interview on 14th Jan 2017. He was given 221g and he was asked to go thru medical checkup on. Did the medical on 19th Jan. The physician asked for present and past habit (prior to the incident) related to alcohol. Present: When he has social drink, he would strictly avoid driving. He would take UBER back home. Physician recorded approx occasions in a month. His session with therapist was extremely cordial. The therapist stated to write positive comments. At the clinic, a sealed cover containing a CD was given (to be opened at the port of entry by authorized personnel). My son has been asked to handover passport, receipt issued by the clinic, 221g after 5 days of medical.  As parents, we go thru tense moments (awaiting response by consular office).

My questions:

1) Present habit: Take UBER after a social drink - Will it impact negatively ?  

2) Therapist's positive comments: Will it be deciding factor ?    

3) Sealed cover containing CD to be opened at the port of entry: I presume  the physical report must be fine. Will this have a positive impact on the outcome

Please respond,

Worried Parents passing thru tense moments.

any update ?

[lessonlearned]

On 6/5/2016 at 3:24 PM, soafan2016 said:

@murtyadvise: Thanks for the detailed summary for your case.

 

Even I had my visa interview at Mumbai Consulate recently and I am done with my Medicals as well. 

 

Was your 221(g) sheet White and was it mentioned to submit passport and medical receipts after 5 business days after medical and psychological exam?

 

You can also e-mail me at *******************@gmail.com

how much time it took for u between ur interview and approval ?

Kindly let us know

[hatejashan]

@rockersingh8 : Did you get any update on after how much time you should go for interview

[lessonlearned]

On 2/10/2017 at 7:27 PM, hatejashan said:

@rockersingh8 : Did you get any update on after how much time you should go for interview

nope , not sure when will i come to know 

will keep u posted on any update

[newuser12345]

On 1/30/2017 at 9:13 PM, rockersingh8 said:

any update ?

 

On 1/20/2017 at 6:46 AM, Dhandapani V said:

My son had his interview on 14th Jan 2017. He was given 221g and he was asked to go thru medical checkup on. Did the medical on 19th Jan. The physician asked for present and past habit (prior to the incident) related to alcohol. Present: When he has social drink, he would strictly avoid driving. He would take UBER back home. Physician recorded approx occasions in a month. His session with therapist was extremely cordial. The therapist stated to write positive comments. At the clinic, a sealed cover containing a CD was given (to be opened at the port of entry by authorized personnel). My son has been asked to handover passport, receipt issued by the clinic, 221g after 5 days of medical.  As parents, we go thru tense moments (awaiting response by consular office).

My questions:

1) Present habit: Take UBER after a social drink - Will it impact negatively ?  

2) Therapist's positive comments: Will it be deciding factor ?    

3) Sealed cover containing CD to be opened at the port of entry: I presume  the physical report must be fine. Will this have a positive impact on the outcome

Please respond,

Worried Parents passing thru tense moments.

Any update? please reply.