Second H1B Visa Stamp with DUI


maayankbhatia

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Hello,

 

Looking for some help here.

 

I got arrested for a DUI back in Aug 2009 in California, and then plead guilty in court in Jan 2010. Completed all the requirements to close the case (fine, classes, etc.) with the court.

 

I went to India in Jan 2012 for visa stamping in New Delhi, I was sent for the medical evaluation which took almost 4 weeks. But I got my passport with the stamp. All good.

 

I'm going to India next month in May and will be going for stamping again in New Delhi since it has expired.

 

Would I have to go through the medical exam/panel physician again? That takes a long time. Can someone please provide some insight?

 

Also, can I just opt for the Dropbox option since I'm eligible so I don't have to go through the inteview? Or it would be better to go through the inteview instead since they may just call me for an interview because of the DUI?

 

Need to decide on the interview. Looking for some help.

 

Thanks in advance.  

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Hello,

 

Looking for some help here.

 

I got arrested for a DUI back in Aug 2009 in California, and then plead guilty in court in Jan 2010. Completed all the requirements to close the case (fine, classes, etc.) with the court.

 

I went to India in Jan 2012 for visa stamping in New Delhi, I was sent for the medical evaluation which took almost 4 weeks. But I got my passport with the stamp. All good.

 

I'm going to India next month in May and will be going for stamping again in New Delhi since it has expired.

 

Would I have to go through the medical exam/panel physician again? That takes a long time. Can someone please provide some insight?

 

Also, can I just opt for the Dropbox option since I'm eligible so I don't have to go through the inteview? Or it would be better to go through the inteview instead since they may just call me for an interview because of the DUI?

 

Need to decide on the interview. Looking for some help.

 

Thanks in advance.  

I believe you would be asked for a medical evaluation again as your DUI record is still available to VO. You can opt for dropbox but if they need you to appear in person for an interview then US consulate would contact you.

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Ok, thanks for the reply. Just to confirm did you mean I would be asked for going through the panel physician examination again although I just did that in 2012? Wouldn't they have the medical record as I did it in 2012? Or they would still have the medical record and may not ask for it?

 

If I select for dropbox they will ask me to come for an interview and then tell me to go through the medical examination?

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I found this post:

 

http://forum.murthy.com/index.php?/topic/69977-visa-stamping-and-dui/?hl=conviction#entry275425

 

 

DUI is not a problem, i do have one.  The only problem is the arrest record that goes with it.  There are many posts in here that are helpful.  Back in 2007 they have a rule for first offence DUIs to have medical evaluation in the place where one goes for stamping if the arrest relating to a DUI is less than 3 years old.  To answer your question  - No, your visa will not be effected by the DUI.

 

Is this correct?

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  • 2 years later...

I was arrested on Sep 2012, went for visa stamping on Feb 2013 the first time after DUI. The first time I was asked for taking medical tests, though the process took 3 months, I finally got my visa by May. I again went for visa stamping today Jan 23 2017, the second time after dui. This time I wasnt even asked about the arrest, or any DUI topic. It was just a normal interview and I was told that my visa is approved.

 

Hope this helps!

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  • 1 month later...

Hi Anantap,

Did you get your passport after your visa was approved? I have same case as you - went for visa stamping on Jan 23, 2017 in Chennai and visa was approved. I did not get my passport yet. This is my second time after DUI. Got DUI in Oct 2010. Went for stamping in Dec 2011 and had visa approved after 5 weeks.

Please let me know.

 

 

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  • 5 months later...
On 3/22/2017 at 3:39 PM, kgkumar said:

Hi Anantap,

Did you get your passport after your visa was approved? I have same case as you - went for visa stamping on Jan 23, 2017 in Chennai and visa was approved. I did not get my passport yet. This is my second time after DUI. Got DUI in Oct 2010. Went for stamping in Dec 2011 and had visa approved after 5 weeks.

Please let me know.

 

 

Hi kgkumar,

I am in a similar situation with DUI arrest in 2013 but the case was later dismissed and records expunged in a year. I have to go to India for H1 B Visa stamping now. I assume I still have to answer yes to the question in DS 160 . Can you explain a bit about your experience ? Did you have a conviction and what did the visa officer ask ? Did you have to go through the medical exams ? I assume since yours was more than 5 years ago, you do not need to go through the medical exam.  Finally, do you know of other cases where someone went recently for visa stamping with a DUI ?

Thank you

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  • 1 month later...
On 9/17/2017 at 2:35 AM, cmax12 said:

Hi kgkumar,

I am in a similar situation with DUI arrest in 2013 but the case was later dismissed and records expunged in a year. I have to go to India for H1 B Visa stamping now. I assume I still have to answer yes to the question in DS 160 . Can you explain a bit about your experience ? Did you have a conviction and what did the visa officer ask ? Did you have to go through the medical exams ? I assume since yours was more than 5 years ago, you do not need to go through the medical exam.  Finally, do you know of other cases where someone went recently for visa stamping with a DUI ?

Thank you

Hi cmax12,

Did you go for interview? what was the outcome? how long after medical submission did it take you get VISA stamped? I am in similar boat - had the interview, did medical, submitted report & passport at VAC 3 weeks back but case is still in admin processing. Any body has any idea how long does it take after medical & submitting passport for VISA to be stamped? Already 3 weeks so I am so worried.

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