DUI arrest

[Unlucky12]

Hi,

 

I was arrested for DUI in October 2013 when I was a student and got sentence in Jan 2014 as probation for 6 months, fine $800 and alcohol evaluation. 

 

Luckily I got a job in a good company and also i got OPT approved with some delay (100 days)

 

Now my employer is filling H1B in this april , there is a third party attorney to do these H1B filing. 

 

Today that attorney has sent me an questionnaire document which had lot of questions, one such question is whether you have been arrested or convicted for DUI 

 

Im wondering whether I can yes or no, Since if i yes Im worried like whether it ll impact my job.

 

I just want know like what is the impact of this question in filing H1B visa. 

 

Appreciate your responses.

 

Thanks. 

[omshiv]

Truth should be the answer

[Unlucky12]

Thanks. 

But what is the impact of these kind of questions in filing H1B ?

[rahul412]

Today that attorney has sent me an questionnaire document which had lot of questions, one such question is whether you have been arrested or convicted for DUI 

 

Im wondering whether I can yes or no, Since if i yes Im worried like whether it ll impact my job.

You need to say YES. If not your H1 will be in trouble.

[t75]

You were convicted because you are on probation.

 

The fact you would even consider lying means your character is such that you need to return home to work since employers in the US expect their employees to be HONEST

[Unlucky12]

Is this a mandatory question for all in attorney questionaarie document?

[rahul412]

Is this a mandatory question for all in attorney questionaarie document?

Usually any employer will ask these kinds of questions before hiring, and also they do BG check before hiring. So its better to tell the TRUTH.

[longtimelurker]

Ok. Lots of half baked answers here. This is what you need to know.

 

While filing a H1B - having a DUI is ok. There are no questions related to this while filing a H1B from an USCIS standpoint.

You will get your H1B if your case has merit otherwise.

 

Note: I have heard that any visa applicant (not H1b, just any visa in general) can be randomly checked for criminal background while the approval process. This is very random and chances of your case getting picked is rare. If it does get picked up, I assume you will get an RFE in the worst case. Again, this is not likely.

Source: Me. I had a DUI. Got a successful H1b extension.

 

The reason why your attorney asks you this is probably because its a directive from the hiring company. Or may its just part of their general questionnaire. Answer yes. You don't wanna lie here.

 

As bad as it sounds, a lot of people have DUIs. Its just a dumb stupid thing apparently some people do. Make sure you don't drink and drive going forward.

So don't sweat it. Answer truthfully. You will be ok. If your company is not going to hire you, then apply at a different one.

[gsaneja]

You were convicted because you are on probation.

 

The fact you would even consider lying means your character is such that you need to return home to work since employers in the US expect their employees to be HONEST

Chill dude

[gsaneja]

Ok. Lots of half baked answers here. This is what you need to know.

 

While filing a H1B - having a DUI is ok. There are no questions related to this while filing a H1B from an USCIS standpoint.

You will get your H1B if your case has merit otherwise.

 

Note: I have heard that any visa applicant (not H1b, just any visa in general) can be randomly checked for criminal background while the approval process. This is very random and chances of your case getting picked is rare. If it does get picked up, I assume you will get an RFE in the worst case. Again, this is not likely.

Source: Me. I had a DUI. Got a successful H1b extension.

 

The reason why your attorney asks you this is probably because its a directive from the hiring company. Or may its just part of their general questionnaire. Answer yes. You don't wanna lie here.

 

As bad as it sounds, a lot of people have DUIs. Its just a dumb stupid thing apparently some people do. Make sure you don't drink and drive going forward.

So don't sweat it. Answer truthfully. You will be ok. If your company is not going to hire you, then apply at a different one.

 

 Best answer (wish i got such an answer for my DUI question,...i was scared at that time) !!! A simple mistake should not ruin your life. Do not listen to all answers filled with hate and not giving you helpful advise.

 

I got a DUI and have changed 2 jobs over past 2 years and have always stated in my job app; went for visa stamping and have gone thru secondary screening at POE; no issues; Just make sure you learn from you mistake