H1B stamping with Careless Driving conviction


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I moved to United States in 7 years ago and haven't returned since. I was convicted for Careless Driving last year. My probation ends in September 2012. I am hoping to get a certificate of disposition after that and visit India at the end of October.

I have read that a few of them who have had similar convictions were referred to a Physician for tests. I was wondering if that's a test I can take in United States and be ready when the Visa Officer asks for something like that.

I have visited USCIS office here in Minnesota and when I posed the same question, their answer was "we don't deal with stamping, State department does. Come back when you get a Green Card". This puzzled me leaving me where I started.

I know visiting an american consulate is gambling of Vegas proportions for an Indian. But would you guys be able to suggest some things I should prepare based on your wisdom / experience, so that there is some amount of certainty ?

Thanks in advance



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@ Vra5107

As per the information you provided there are more chances that VO would tell that they need more time to process your Visa since the reason being they have to look into your prior Issues. In Canada i have seen quiet a few posts related to previous convictions for DUI etc were given 221G with Admin Processing and also requested some documentation related to the case.

Be prepared if you are planning to visit Canada for stamping as it might take 3-5 weeks to process the visa in the event of a 221G.

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  • 3 months later...

If it was not DUI related there will be no so called tests. What was the maximum possible jail time possible for that offense?

Thanks for the reply. It is a fourth degree demeanor, so a maximum possible time of 90 days. My probation is now complete and the court issued a letter saying that I have completed my probationary requirements successfully.

I have decided to go to Bombay for stamping, it is scheduled on October 19, I have my fingers crossed.



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