Can I travel to India while on OWI(DUI) probation?

[vic68]

Can I travel to India while on OWI(DUI) probation?

In June,2023 I was arrested for OWI and charges got dropped to OWVI(Visibly Impaired) , I'm on probation for 1 Year till Sep 2024, I paid my fines and done with community services. I got permission from court for the travel (4 weeks for my wedding). I'm on H1B work visa. will there be any problem POE (Port of entry) while coming back with CPB offices at the time of re-entering in to US?

Edited July 25, 2023 by vic68

[Attorney_9]

A conviction for simple DUI without any aggravating circumstances typically would not be regarded as a crime involving moral turpitude (CIMT) and should not make you inadmissible to the U.S. However, some states have passed laws that elevate a DUI to a more serious crime when certain other “aggravating factors” are present. Foreign nationals charged with these types of offenses can run into serious immigration troubles when entering the U.S. Either way, in order to avoid delays you should obtain a certified copy of the final court disposition for your case which will be analyzed by immigration officials to determine your admissibility to the U.S. 

Additionally, a prior DUI arrest or conviction can lead to a foreign national being deemed medically inadmissible to the U.S. A foreign national who applies for a visa “stamping” at a U.S. consulate within five years of a single alcohol-related arrest or conviction, or who has two or more such arrests or convictions within the last ten years, must be referred to a panel physician for a physical and mental evaluation. The panel physician then will determine if the applicant is ineligible to receive a visa based upon having a mental disorder or behavior associated with that disorder posing “a threat to the property, safety, or welfare of the alien or others.” Similarly, a foreign national can expect their nonimmigrant visa foil or “stamp” to be prudentially revoked following a DUI arrest or conviction and will have to obtain a new visa in order to be readmitted into the U.S.

A deeper analysis of your criminal record would be required to provide you with a more detailed explanation. Our attorneys are very knowledgeable in this area and can provide you with the legal advice you are looking for before you travel.

[SKT_dui]

I am in a similar situation and I have plans to travel to India soon. Can you please provide more information about 

 

Similarly, a foreign national can expect their nonimmigrant visa foil or “stamp” to be prudentially revoked following a DUI arrest or conviction and will have to obtain a new visa in order to be readmitted into the U.S.

Is this an automatic revocation and would this apply to a first and only DUI without any aggravating circumstances ?

[vic68]

Thank you, I have a follow up question on this.

” Similarly, a foreign national can expect their nonimmigrant visa foil or “stamp” to be prudentially revoked following a DUI arrest or conviction and will have to obtain a new visa in order to be readmitted into the U.S.

Is this an automatic revocation and would this apply to a first and only DUI or OWI without any aggravating circumstances? 

Also, my current H1B visa is valid till end of june 2024, how to check or how to know if the visa is revoked?

Thanks in advance!

[Attorney_9]

A prudential visa revocation is not automatic, but should be expected following any DUI arrest. Visa holders are typically notified by eMail if their visa is revoked, but this is not a guarantee and travel after an arrest may reveal the revocation has occurred.