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


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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.

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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.

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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.

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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

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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..!

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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.

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@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.

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  • 2 weeks later...

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

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  • 2 months later...

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...

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  • 7 months later...

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.

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  • 3 weeks later...

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 15th. 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 3rd 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

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  • 1 month later...

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

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  • 2 months later...
  • 7 years later...
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 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
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