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

[cutalfredhitchcock]

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?

[t75]

Talk to an immigration attorney as well as your criminal attorney. A DUI is a serious charge.

[omshiv]

neither..dont drink and drive.

[pontevecchio]

Since your arrest is on record for presumably DUI, the consulate will in most likelihood send you for medicals irrespective of what you do know short of pleading not guilty and fighting the charges in court. The problem with that is that they presumably have your BAC and if you go to trial and lose you may get time . If you fight and win an acquittal then there should be no problem. The second scenario is unlikely.

 

You should have your Immigration Lawyer talk to your DUI Lawyer and come to a suitable decision .

[nanduwanted]

neither..dont drink and drive.

You, with all due respect sir, are a specimen! Please don't advise like that. The guy is in trouble, please do NOT say stuff like that. If you know something to solve the problem, then pitch in! Otherwise I would advise to shut your pie hole! 

 

Sir Hitchcock, you didn't mention what state you were arrested in for DUI! The reason I am asking about that was because depending on the state, you can have something called "Suspended Imposition" where you're technically not convicted but slapped on the wrist. I am assuming that your state doesn't have that since your attorney didn't mention about it. Did you hire a public or a private attorney? If you want to spend more go for a private attorney, payment is directly proportional unless you committed murder!

[venk1]

I dont think it is advisable going to India with your case pending. Try to resolve the case before leaving the country so that you will have all the paper work that shows you are not responsible anymore.