H1B stamping with a pending DUI case

[saivad]

I was arrested for a DUI on Jan 4 2014. My first court hearing is on Feb-18-2014.

 

I attended visa stamping interview on Jan 30. From what I read online, applicants with a DUI will be given a 221g and will be referred to panel physician. And the whole process usually takes 3-weeks to 2-months.

 

But during my interview, VO said I will be staying here for a while (approx. 1 year). Does VO control how much time does it take for an application to be processed.

[jairichi]

I was arrested for a DUI on Jan 4 2014. My first court hearing is on Feb-18-2014.

 

I attended visa stamping interview on Jan 30. From what I read online, applicants with a DUI will be given a 221g and will be referred to panel physician. And the whole process usually takes 3-weeks to 2-months.

 

But during my interview, VO said I will be staying here for a while (approx. 1 year). Does VO control how much time does it take for an application to be processed.

First mistake is going for visa interview before DUI court hearing. If indeed you are not allowed to travel to US how will you appear for your court hearing on Feb 18th 2014? Do you know what happens if you fail to appear at court?

[Scboy]

Nope...he can't Control...it all depends upon pending cases before you...

[saivad]

Thanks Scboy

 

I have seen different processing times for applicants with DUI cases. What determines these processing times if not by VO.

 

I thought VO sets some "processing time" in the computer while he is talking to the applicant

[rkr1234]

Where did you go for your visa interview....is your visa approved now?

[tejaswip]

Hi Saivad,

 

If you have a DUI record, you will be given a 221g white slip and will be asked to go through Phsycal, psychological and blood tests from their panel physician before they process your visa.

 

The catch here is you can take those tests only after 1 year from the date of your arrest.

 

I was arrested on Feb 3rd 2013 and went for stamping on November 22nd 2013. However, the VO asked me to undergo those tests only after Feb 4th, which i did and i am still waiting for a communication from the consulate.

 

Wrong time to come for stamping buddy. I've been here since the last 3 months and i'm lucky to have my manager's approval to work from offshore location, which was not all that easy. I'm sorry, but i believe you'll have to wait till Jan 4th 2015.

 

-Teja

[prakash85]

Hi Tejasi,

 

Are you sure about the 1 year rule? IS this mentioned somewhere?

Thanks,
Chinmaya

[saivad]

Hey guys

 

Just wanted to update this post.

 

My visa is approved. It was approved few days back actually, I was busy so didn't get time to update this thread. It took approx  10 days from the time physician sent my reports to consulate for them to approve my visa

 

It is in discretion of Physician if applicant should wait for 1 yr before he can take the medical tests. 

[mkmbabu]

Hi saivad,

"It is in discretion of Physician if applicant should wait for 1 yr before he can take the medical tests. "

Seems you demystified it first ever ......

Thank you!

[utpalj]

Hi Saivad, seems like I have similar DUI incident like yours. Arrested Jan 1, Visiting India in Mid Jan, court date Feb 17. Was wondering if you are available to speak about your experience? I can be reached on utpal.jain@gmail.com

 

thanks a lot.