H1b visa stamping with dui charge and pending case

[Mav2906]

Hi,

I am currently on L1 visa and my company filed for an H1b visa this year. Since my I94 is expiring in aug I will be going to India to get my h1 stamped and planning to come back in oct.

Last year march 2012 I was arrested for DUI at a routine checkpoint. The case is still pending and my lawyer is trying to get it dismissed. My next court hearing is in the last week of October and I have got a letter from the court that I can travel outside the country.

Having said this what can I expect during my visa stamping and are there chances for any delay due to the same. Appreciate any response or help

Thanks

[Mav2906]

Can anyone please respond

[pontevecchio]

_{This should not cause a delay all other things being equal. You have to talk to an Immigration Lawyer.}

[Mav2906]

Are there any specific things I need to carry or be prepared for the interview. Appreciate the help. My company attorney is working on my visa process, so could you please let me know if I should consult another outside immigration lawyer for this?

[pontevecchio]

If the company Lawyer is aware of the situation then take his advise.

[Mav2906]

Company does not know, thus trying to understand what additional info I need to know before I go for stamping

Appreciate the help

[pontevecchio]

Then I suggest you get the H1 visa stamped ASAP after discussing your issues with an Immigration lawyer who WILL liase with your criminal Lawyer.

[Mav2906]

Went for interview on 9/3 and was given 221g to get my medical evaluation done and submit all court documents along with medical reports. Submitted documents to VHS office on 9/6. Waiting to get response for next steps. I have not submitted my passport as VHS office said the 221g did not ask or passport and that I would get mail for it seperately. Will update once I hear back more. Does anyon have a similar experience or knows how long will it take before I get a response

[rahul336]

Hi Mav2906,

 

Can you please let me know what is the status of yours? I'm in the same boat as you, but have my appointment in October so trying to find out the possibilities? I would really appreciate if you message me.

[Mav2906]

Received mail for the embassy on 9/12 to submit passport. Submitted passport on 9/13 and the embassy received it on 9/16 since 9/13 was a Friday. Case status updated to 9/11 as admin processing. Case status date again changed on 9/18 as admin processing and on 9/23 it was still on admin processing.

On 9/24 evening the status changed to Issued. Waiting to get my passport back. Will update with my POE experience once in travel back on 9/30.

Wish you the very best. Let me know if you need any other detail

[Mav2906]

Received passport with visa stamped. Total days from date of interview 17 working days. 13 days after submission of medical reports.

Wish you and everyone the best.

[KARSY]

Hi Mav2906,

 

could you please write  n detail what questions VO asked you?

Did the embassy panel has the medical evaluation team to takecare of the entire process?how many days did it take for the entire process?

What was your BAC ?

What Documents were required with respect to DUI for the visa interview?

[cutalfredhitchcock]

For H1B Stamping in India, whats better ?? to have a DUI case pending ??or completed??

 

I got a DUI in June 2012. I got my H1B approval in Apr2013 and it started this Oct 2013. I will be going to India in March or Apr 2014 and attend the H1B visa process. Now, in my DUI court case situation, my lawyer says a) i need to enter plead guilty or appeal. If dont plead guilty and i appeal it will another 6 months for the case to get back to the court because of all the processes, paperwork and everything. b) I also have an option to plead guilty and still have the appeal continuing, so after six months if things workout they can remove the conviction. if i go with option a) when i go for H1B stamping in India, my case will be completed and i have to go through certain process for a DUI thing(221g) for Visa if i go with option b) , my case will be in pending state.what is advisable?

 

[Mav2906]

Karsy below is the list of questions I was asked.

VO: who is your employer

Ans: xyz company

VO: what is your role

Ans: mentioned my role

VO: what is the expected salary

Ans: mentioned my lca

VO: when did the dwi happen

Ans: mentioned my date of March 2012

After this he gave me a 221g and asked to get my medical evaluation done from their panel of doctors. Took appointment for same day and submitted all reports to the VFS office on 9/6. Rest of the details are in the updates above. At POE after finger print the officer said they want to review my documents. After 10mins they only asked my employer and client name and was good to go.

Documents I submitted along with medical reports were certified true copies of the arrest charges, all case related documents from the court.

Please go through my posts above I have given the details of every update after the interview.

cutalfredhitchcock: I'm not sure what is the best option with regard to your case. It would be best to seek advise from the attorney. In my opinion it does not matter if the case is pending or not since you would have to go through the medical evaluation process and will be given the 221g as any arrest with regard to dui in the last 5yrs of visa process will require the evaluation.

Wish you all the best and I'm sure it would go fine.

[venk1]

Hi Mav2906,

 

Which consulate did you attend for the interview? 

[prakash85]

Hi Mav- Are you willing to share what did the medical panel doctors do? was it just some tests?

Also did the consulate specifically ask for certified true copies? The reason I ask is I may not have enough time to get them.

 

Thanks,

Chinmaya