Public Intoxication affects on H1B


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My cousin got caught in Public intoxication case in Texas and was arrested for 4 hours, took fingerprints, and was given a ticket. Public intoxication is a class C misdemeanor in texas which is the lowest of all misdemeanors which is equivalent to a speeding ticket. Given this is his first time in his life having such an issue other than one speeding ticket in texas, will there be any issue for him during H1 extensions, Stamping, Travelling, and Green Card Process.

As per the consulate documentation  "(U) Prudential Revocation for Driving Under the Influence:  Either Post or the Department has the authority to prudentially revoke a visa on the basis of a potential INA 212(a)(1)(A) ineligibility when an IDENT Watchlist Record appears in System Messages for a CJIS Search of US-VISIT or a CJIS Search of OBIM record, and post re-sends the fingerprints to NGI to obtain a RAP sheet for an arrest or conviction of driving under the influence, driving while intoxicated, or similar arrests/convictions (DUI) that occurred within the previous five years.  This does not apply when the arrest has already been addressed within the context of a visa application; i.e., the individual has been through the panel physician's assessment due to the arrest.  This does not apply to other alcohol-related arrests such as public intoxication that do not involve the operation of a vehicle.  Unlike other prudential revocations, you do not need to refer the case to the Department but can prudentially revoke on your own authority.  The post should process the revocation from the Spoil tab NIV and add P1A3 and VRVK lookouts from the Refusal window."

Does this mean he will be good even he is convicted or should going to attorneys and getting dismissed or convicted be a better option?

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