Prudential Visa Revocation - DUI on H1b

[vinuthguru 0]

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.

[GNH 0]

Probably better to get the case settled before you travel .

[vinuthguru 0]

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.

[GNH 0]

If your BAC was under legal limit what is the case going to be about ? Why will they press charges ?

[vinuthguru 0]

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.

[GNH 0]

You don't have anything to worry, IMO

Go attend your sisters marriage and come back

[pontevecchio 12]

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?

[vinuthguru 0]

I do have an criminal attorney working on my case but not immigration attorney.

[pontevecchio 12]

Please have the Lawyer interact with an Immigration Lawyer.

[Unlucky12 0]

@Vsach10: 

Did you travel to India ?

Were you able to sort out the things ?

 

[muna1986 0]

@Vsach10: 

 

did u travel back to US from India ? any updates 

[vinuthguru 0]

Since the case is still pending, Immigration attorney suggested me to not travel. I followed their advice.

[Chennu1986 0]

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?