2nd DUI (more than 0.15) and h1b visa stamping in India


sunny19831979

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In 2012, I got a DUI with 0.18 BAC. It was reduced to regular DUI (less than 0.08 BAC) since it was my 1st DUI and only criminal record.

 

Unfortunately I got a 2nd DUI last night (BAC was 0.20). I am leaving for India on Jan 31st and have to get my visa stamped (got consular processing approval).

 

Since the charges are pending and I have to go to India for h1b stamping, I would appreciate if you could tell me how likely is it for me to get my H1b stamping successfully done in India (New Delhi consulate).

 

Many people have stated that they had a DUI and were able to get h1b stamping done in India. I just wanted to know from your experience if you have been in my situation or you know someone who got a 2nd DUI and was able to come back to USA.

 

I am selling my car and will never be driving in my life, since this has happened to me twice.

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  • 1 year later...

I appreciate everyone's comments. I did get my visa stamped in Feb 2014 after medical evaluation and I went for secondary inspection at LAX when I returned. I wrote truthfully in my DS-160 that I was charged with a DUI in July 2012 and pled guity to it and was charged with 2nd DUI in Jan 2014.

 

The visa officer while reading my DS-160 said that he sees that I have mentioned about my DUI and told me that I have to go for medical evaluation and submit my passport after medical evaluation for visa stamp; I got scared that my visa would be denied and the visa officer told me that I just need to go through evaluation. The visa stamp came through and I flew to LAX.

 

At LAX I was pulled for secondary evaluation and after 20-30 mins I was called my the officer and he told me that since I have a DUI I will be called for secondary evaluation everytime I come back in USA. He gave me my passport .

 

I Jan 2015, I went for trial for my 2nd DUI and was found not guilty. I have never drank and drove since Jan 2015 and will never do it again in my life.

 

I am worried about my 2nd DUI arrest and want to visit my family in India, however I am scared if I would need to go for another medical evaluation or could be deemed inadmissible at POE even though I have been found not guilty for 2nd DUI

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