H-1b Stamping with Arrest record but not conviction

[darkinthehouse]

Hi, I need some help from you guys.. It would be very appreciate!

My Visa got approved last year in 2012 but i haven't got stamp yet. I just charged to DUI last December, and my lawyer postponed my court date to March 14.

I was planning to go to outside of the U.S in April not only for visiting my family and stamp on Visa.

My lawyer said its okay that going another country because it won't be convicted even I was arrested but I am afraid he might have not been dealing with these cases..

My question is

1. Is okay to going another country if i have arrest record? (I read that I might need to have medical examination)

2. when is the best time going to get stamps? (Before or After Court date) -If it will be good going to get stamps before court date I may postpone court date again..

Please give me some advise..Thank you in advance!

[Phal]

It is OK to go out of country even though you have arrest record. I suggest you to get it expunged by a lawyer. Make sure your court date doesn't fall when you are out of country. In that case you can hire an attorney and ask him to represent on your behalf.

I believe you can lower your case from DUI to public intoxication.

I would not take a chance to get my visa stamped in India as most of them are getting 221g. In that case you may never know when you will be getting your passport stamped.

[Hank_82]

I would suggest not to go for stamping

[Phal]

I went for stamping after getting my case expunged.

[z1c5]

I went for stamping after getting my case expunged.

did you answer yes to the arrest question after expungement?