Just got a DUI.Will it affect my H1B stamping chances ?

[suryap476@gmail.com]

I just got arrested on a DUI recently, the case now has just started, I would most probably get a diversion, but it is after 1 yr. If I go to Visa stamping before this 1 yr or apply for GC, will this DUI records affect my chances of success.

Please let me know..!

[suri6094]

I believe you dont have to worry for H1-B visa and for green card you will definitely face problems at security clearance during green card process... Try to clear your case and go to India for stamping

[sriniijk]

Am also in the same boat, is there any reason that we have to go to visa in India, can't we go to Canada for stamping

[Vmall]

Hi Surya, My situation is also similar but not DUI.

I got my license suspended in 2008 because of 3 speeding tickets in one year. I dont know that my license got suspended because of change of address and when cop pulled me for other reason next time he found out that my license got suspended and arrested me with tem fingure prints and 3 photos. Relesed me once my friends pay $130 for bail.

I consulted a Lawyer at that time, attended court by mysfle and by paying more money i removed 2 tickets on my name. I got my license back. I got the clearence certificate from Lawyer and all the stuff.

When I attended H1B stamping in 2009 november, the VO saw my case and asked why i was arrested and gave me 221G asking to provide the clearence certificated from court and all the stuff (I have the certificates on my hand at that time), but he didnt even care about at that time. I got my visa stamped after 3 months.

I have attended at vancouver for my H1B stamping on Jan31 2012. Asked the same questions and luckly appvoed my visa. Port of entry is also a very big deal if you arrested. both the time i was waited for half hour and checked all my background.

So my recommendation is better go to Vancouver with all the court clearence form.

[vancouver020112]

For Arrests Related to any cases you have , you should mention those details in the DS-160 and the following documents need to be presented at the time of the interview to the VO.

1. Documents from the Court where your case was presented.( Notarized Copies). - take atleast 3 copies

a. copy for visit visa for canada at the canadian consulate.

b. copy for VO at the time of the interview.

c. copy for the CBP at the port of entry.

2. Police report from your local city Police Station.

3. Criminal Histroy and Background check from state patrol.

NOTE: Do not wait for the VO or CBP official to ask you about your case info, you should tell them voluntarily and present your docs for clarity and transparency, otherwise unnecessary delays will be caused.

[ashukla]

DUI will be definately considered as crime and yes it may also impact on your H1b stamping, you should get all the clearance and certificate from the concerning court, consulate will definately have information about this and might put you on 221g to get the clearance over this.

Except parking and speeding tickets all traffic violations considered as crime.

[lost_immigrant]

I got a ticket for selling beer to an under age person when doing my masters 3 years ago..will that be a prob for my h1 stamping?

everything got cleared and i aslo have the clearance letter...from the court

@vancouver020112---I dont have any documents related to the case except for the clearance letters and also when i asked the court they said that same thing

When you said "Police report from your local city Police Station" did u mean the local police station where i lived back then or police station where im living right now?

@Vmall-Can you please give me your email id or can you hit me up at wings000 at google extension

[doome]

Thanks all for taking time and replying..!

[vancouver020112]

in that case your Local police station might help, they only charge you few dollars.

also, you can go to your court website and try to do a name search or Case ID for you and it if does not show up with anything then you are good, and if it does show a case even if it is closed get the documents from the court.

[bhanuteja]

I got arrested in Jan 2009 for TABC (Texas Alcoholic Beverage Commission) case. After this incident i don't have any kind off voilations on my history. The TABC case has been closed in Dec 2009( i was a student at this point of time). I applied for my h1b in dec 2010 and at the same time as my OPT period was ending I transfered my SEVIE to tri-valley university. The university was shut down on Jan 19 and my SEVIE was terminated but I was lucky and i got my H1b approval in Feb 2 week of 2011. And recently i got my visa extension for 1 more year. Now i am planning to go the visa stamping in canada (toronto). Will it be a problem?

Please let me know..!

[nari123]

My case is similar to (Vmall). I have once plead guilty for driving without license in MA. This happened before 3 years. I was NOT arrested nor finger printed. I was summoned to appear in court and I did appeared and paid the fine.

There is a question in DS-160: Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?

Should I say YES or NO for the above question?

Also, if I say YES what are the documents I should carry for the interview process.

For my case which counsalate is preferable (Chennai or Vancover)?

Also, you have not mentioned which counsalate you attended on Nov 2009.

Thanks in advance for the help.

[Vmall]

Nari123... Your case looks simple compared to others. No need to mention this in DS-160 as you are not arrested and fingure prined. I will definetly suggest you to go to Vancouver.

In 2009 I went to Hyderabad for stamping.

[nari123]

Thank you so much Vmall for the quick reply. How about other Canadian counsalates? Is there a higher preference for Vanvouver over other Canadian counsalates? I stay in Massachusetts and Vanvouver is too far.

[vancouver020112]

if not arrested then no need to mention in the DS-160.

[sriniijk]

I got arrested in simple assault in 2009 and was not guilty and case was dismissed and expunged. Am going for stamping to vancouver canada and have court disposition letter and expungement records. Please let me know if I need to carry any more docs or any issues with visa stamping

[Vmall]

@nari123 : I prefer Vancouver as the success rate is high compared to other consulates in canada. At the time of my stamping I contacted around 20 - 30 people most of them are from NJ/NY.

@ Sriniijk : court disposition letter and expungement records are perfectly okay. Be confident and ready to show all documents as soon as the VO asks about this issue.

[nari123]

Vmall and vancouver020112, Thank you so much for your quick response.

I have one more question. I am planning to go to Vancouver for my H1B visa stamping. Before that I am planning to visit my grand mother (she is sick and want to meet her soon). Will there be any problem if I enter Canada dircetly from India? Also, is there any chance VO asking why not stamping in India?

[bhushan15]

Hi vancouver020112

Could you please send me your email and contact number to my email at nbhushant@gmail.com.

I need some clarification about my H1B stamping in Cancouver Canada.

Regards

[venki2012]

Hai,

vancouver020112

I got a tikcet for selling beer to underage.

In the above post you have mentioned that

3. Criminal Histroy and Background check from state patrol.

Should it be from the State I am living now or the State I got the ticket from.

Can VO just deny my H1B even if he sees all the criminal records are clear. And only based upon doubt that I was working off-campus on F1 visa

[stampwithgrace]

Please do not be scared. DUI will not hamper your chances for a Visa stamping.

http://www.state.gov/documents/organization/87492.pdf

Check this link ....

You will be issued a 221g and after a brief medical check up in your country you will be granted a visa. All you need is the court documents and carry all documents that you have .. I dont think you will need any approvals ... You should be good. I know a person who recently got a visa so I am telling you so confidently .. Dont worry just do not lie to the officers .. Admit your arrest .. and dont forget to mark yes in the DS - 160 for the visa...

[mohit32]

I was recently arrested and finger printed December 14th for driving an unregistered vehicle on a suspended license. I was unaware of both facts. Don't ask me how!

I have a stampted H1B visa and plan to travel to India next month.

Will this prevent me from re entering the country ?

Can I sponsor a spouse now that I have an arrest record.

Appreciate any and all answers.

[abstract81]

I got my DUI in March 2011 and went through with all the mandatory license suspension, Alcohol program, Weekend work etc.

This Dec I travelled to India and needed a Visa stamping. I carried my certified court papers and the rest of the completion documents[fees paid receipt/Weekend work program receipt/ Alcohol lesson completion proof etc.]

I went to Chennai in the first week of December and the lady at the consulate took all the papers and told me that there shouldn’t be any issue with the stamping and I’ll get my visa/passport in a week or so.

2 weeks later I get a 221g asking me for a medical checkup needed at the Apollo Hospital Chennai.

Went to Chennai immediately and completed all the medical tests[FYI costs around Rs. 15000] and re submitted my passport. The medical reports are sent directly to the consulate.

This was on December 15^th. After this the whole time the Visa status showed it was under Administrative processing and calling the consulate didn’t help either. They do not provide any ETA.

I finally got my Visa in the 3^rd week of Jan-13.

Note: Even if the consulate officer doesn’t ask for a medical checkup, do mention it to her/him and hopefully she/he will give you a 221 g and this might save you a couple of weeks. Do plan for a month long wait after the tests.

And NEVER Drink and Drive

[belvidere1681]

Hi there,

I got a DUI in back in August,2012 and I was granted court supervision till september 1st,2013.

I was arrested, fingerprinted and allowed to leave once i paid my bail that very night.

My supervision is not yet over.

I have paid the fine, done the DUI traffic school classes but I'm in the middle of the community service they told me to do.

I'll have this done by May 15th and I'll mail the court my documents since I'm not currently in that state where I got my DUI.

My question:

I have been asked on my H1-B application to:

"If you have been arrested, cited, charged or indicted for the violation of any law in or outside the U.S.(including traffic violations)"

Should I mention my DUI?

And if I do mention it , then what? Chances of getting H1B? where should I go get it stamped?

What all papers for my clearance do I need?

Mind you, I won't be able to complete the community service till about another month or two.

The company I work for want to apply for it in the first week of April.

Help please.

Thank you

[batasari]

@vancouver020112--- I am following all the threads but i am still unclear if we can go to canada for visa stamping with a dui.please clarify if we can get a canada visa with dui. thanks

[Sujett]

On 10/22/2017 at 4:29 AM, SR0890 said:

Did you go for stamping? I am on same boat. Sent you personal message. 

 

On 3/6/2012 at 7:03 PM, venki2012 said:

Hai,

vancouver020112

I got a tikcet for selling beer to underage.

In the above post you have mentioned that

3. Criminal Histroy and Background check from state patrol.

Should it be from the State I am living now or the State I got the ticket from.

Can VO just deny my H1B even if he sees all the criminal records are clear. And only based upon doubt that I was working off-campus on F1 visa

 

Edited November 11, 2020 by Sujett
Hello can you please tell have your visa approved after selling alcohol to minor can you please share you email so I will be in touch with you