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Related to second Visa stamping and expungement after DUI

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Hi,

I got a DUI on Oct, 2016 and went through the complete process and completed it. It was a tough time but I managed to complete all the formalities. The DUI gave me a reality check and I have changed my lifestyle ever since. I made a resolve never to go through this again, but law does not work based on our resolves so even now I feel the after effects of the DUI - mainly in terms of immigration.

First stamping after DUI - 2017 - Received the 221G, completed the medical test and waited for almost 2 months in India to get the passport back.

My stamping is due and I will be going back, I had a few questions that I hope people can help me out with.

I am planning to go in Oct, that will be 3 years since my DUI incident. Will I have to go through the medical once more (will go to the same consulate as the first time) ? As per the court documents my probation period is from Jan 2017 so it will end in Jan 2020. Does the probation period (or DUI incident date) make a difference in terms of going through medical the second time or is it purely luck ?

I have searched for this questions on many forums and at this point to me it seems its purely luck, some people were asked to go through medical whereas some were not (since they had the medical test done with the same consulate). Can someone please shed some light on this ?

Also, has anyone successfully expunged their DUI ? When I see the eligibility it states that expungement is allowed only after the probation period but in some cases early expungement is possible. My probation ends in Jan 2020, would it be possible for me to get early expungement and then go for stamping ? Would like to hear some success stories about expungement.

Kindly advice and thank you for going through my query.

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Assuming you were not convicted and received a rehabilitative disposition, state law dictates whether expungement is possible. As you may be aware the uscis knows and that cannot be undone. But if expungement of everything involving your case is allowed and permissible, you should get it done .

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If your criminal record is less than 5 years old, consulates can ask you to go through medical anytime you apply for a visa. Some people are asked for medical even after 5 years and sometimes consulate do not ask for medical at all. Its really based on the officer and what details they have on you along with how old the record is. So in short be ready for a medical.

Expungement depends on state law. You would have to look into your state and its expungement laws. Hire a specialized attorney for expungement in your state. Expungement is not hidden from DHS for any immigration purposes. DHS will always be to pull your record from FBI.

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Thanks for the replies, I will be mentally prepared. 

One more question, does going before my incident date make any difference ? It will be 3 years since the incident and I was wondering if I should wait for the 3 year date to pass or it does not make a difference.

 

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On 9/26/2019 at 4:31 AM, 221g_Jackofaceus said:

You will have to go through medical _ i will say make an appointment in advance for medical before the interview date to save some time.

Can we actually take an appointment and go through the medical tests before the interview ? I didnt know this can be done.

Will completing that and taking the results before the interview expedite the process ?

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