vinuthguru Posted April 7, 2016 Report Share Posted April 7, 2016 Hi, I am here in US on H1b. My H1b visa is valid till August 2017 ( got h1b stamping in 2014). I was recently arrested (November 2015) for DUI in California but my case is still ongoing (not convicted). I have read couple of posts on visa revocation due to dui arrests. I have not received any communication from the US consulate regarding my visa status after my arrest and I need to travel to India for my sister's wedding end of April but I am concerned because of the fact that I do not know if I should reappear for visa interview or if my visa is still valid. I am in a real dilemma regarding my travel and it would be great if you can help me with some valuable suggestions. Thanks. Link to comment
GNH Posted April 8, 2016 Report Share Posted April 8, 2016 Probably better to get the case settled before you travel . Link to comment
vinuthguru Posted April 8, 2016 Author Report Share Posted April 8, 2016 I know that would have been ideal. However DA has not even filed any charges yet. Mine was a simple DUI with no accidents and even my BAC after blood test shows it was under legal limit. Link to comment
GNH Posted April 9, 2016 Report Share Posted April 9, 2016 If your BAC was under legal limit what is the case going to be about ? Why will they press charges ? Link to comment
vinuthguru Posted April 11, 2016 Author Report Share Posted April 11, 2016 I don't know. My lawyer said ideally they shouldn't press charges but DA has one year to file. The reason they arrested me in the first place was my breath test result which was borderline. Link to comment
GNH Posted April 11, 2016 Report Share Posted April 11, 2016 You don't have anything to worry, IMO Go attend your sisters marriage and come back Link to comment
pontevecchio Posted April 11, 2016 Report Share Posted April 11, 2016 DUI can be prosecuted irrespective of BAC levels. Basically no alcohol levels may be a defense and even then the policeman's testimony is relevant. Frankly there is no simple DUI and the only defense is zero Alcohol. Do you have a DUI Lawyer and an Immigration Lawyer? Link to comment
vinuthguru Posted April 12, 2016 Author Report Share Posted April 12, 2016 I do have an criminal attorney working on my case but not immigration attorney. Link to comment
pontevecchio Posted April 12, 2016 Report Share Posted April 12, 2016 Please have the Lawyer interact with an Immigration Lawyer. Link to comment
Unlucky12 Posted May 3, 2016 Report Share Posted May 3, 2016 @Vsach10: Did you travel to India ? Were you able to sort out the things ? Link to comment
muna1986 Posted May 9, 2016 Report Share Posted May 9, 2016 @Vsach10: did u travel back to US from India ? any updates Link to comment
vinuthguru Posted July 31, 2016 Author Report Share Posted July 31, 2016 Since the case is still pending, Immigration attorney suggested me to not travel. I followed their advice. Link to comment
Chennu1986 Posted August 16, 2016 Report Share Posted August 16, 2016 Hi Vsach10, I am in same boat as yours but my case was not proved and got wet-reckless due to my tinted windows and lane change in NJ(its motor vehicle offense) .I have valid visa till 2017 and planing to travel home this November...Any suggestions? Link to comment
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