DUI Folks ..Log your concerns here

Got 221g

Guys,

DUI Dude again. I am in India now went for h1b stamping at delhi and they gave me a 221g. Took finger prints and send for FBI verification. I guess it may take upto 4-6 weeks minumum. Got screwed ! I am hoping that it will be able to get it cleared with out problems.

1. Only thing I dont have with me is the court disposition document. Do any one know if it could be obtained without me being present there ?

2. My lawyer told me that I could file 485 without me being there in US, so that if I get stuck they could use the advance parole on expediete basis. Now lawyer is telling me that I should be present in US. What a screw up ! I have cleared labor with 140 approved. I was about to file 485 .

Any thoughts?? Keeping my finger crossed

Regards,
DUI DUDE :(
Drink Responsibily !
 
Dui

Hi everyone,

I too was pulled over for DUI in 2000. However, my lawyer was aware that the charges should be less than one year, and therefore negotiated for the charge to be lowered down to a Negligent Driving in the first, which is a misdemeanor with maximum penalty of 90 days. After paying all my fines, and attending all the classes, everything was cleared. I completed my college and left.

Now i want to return to the US for a vacation, but am confused about the Visa process, as i understand alot of you mentioned that you had DUI's, and still got your visa. Some of you didn't mention it and also got a visa. What is the best approach? Also, we want to visit Canada as well.

Regards,
Jajabanks
 
DUI and 221(g)

I am in India for the stamping. I had a DUI in March 2003, and I have replied 'Yes' for the question in DS-156. The moment the consulate officer saw that 'yes', he asked me to give the finger prints and gave me a document which says that . “We are unable to issue a visa at this time. Your application is incomplete or requires further processing, and so you have been found ineligible under section 221(g) of the immigration and Nationality act. To complete the visa process, please make an interview appt at www.ttsvisas.com and note the following instructions”…and is followed by some check boxes, where none of the check boxes were checked. The last checkbox ‘Other’ was check and ‘Finger Prints’ was written by the officer. So, I gave the finger prints.
From the forums I came to understand that we need to wait for 4 - 6 weeks. My question is that:
Will the consulate book the appointment for me after 4-6 weeks or should I to book the appointment for the next interview?
If I have to book the appointment, how would I know, when to book the appointments? I think that the appointments are never available immediately, we need to wait at least for a month.
SD Kumar, Gautam_t, and Duidude, could you please tell me if they have fixed the appointment for you and do they give enough of time to appear for an interview?
Also, I did not get court reporters document. The judge’s secretary gave a document that says on what dates I appeared in the court. Is this the court court disposition document? If this is not, how does it look like?
Hi DUIDude,
I got all the documents that the court had, (the court did not have any court disposition document), from the court through one of my friends. So, ask one of your friends to go to the court, and get the documents. They charged $10 for that. My friend got it in an hour and faxed it over to me.
 
Waiting for responsefrom consulate

Hi helpls,

This is DUI Dude from India , waiting for finger print verification.

Original Appt at Delhi : July 9th ( issued 221g for finger print verification) Waiting for reply from since then . Today is 31st July !

I have send a message to you , you could contact me

DUI DUDE ...
Drink Responsibily !
 
Help ps / Dui dude

Hey guys,

Don't worry guys, from the threads it sounds like everyone got the 221g and that it worked out. Just give them time to do their searches, and once they get clearance, I am sure you will be called in for an appointment. I remember SD kumar writting that he was sent an appointment in the mail, so check your mail.

Regards,
jajabanks
 
Appointment Letter

I saw the postings and i thought of giving some more info regarding the appointment date. We don't need to fix any appointment date after we get the 221(g). In the postal mail i got it said "i can attend the interview on any Monday before 9:00AM". I too initially had the same doubt about the dates and i also asked the officer and they said not to fix any appointment and appointment date will be mentioned in the postal mail.
Actually regarding the court disposition, etc,. documents, they never asked me even though i told them i had but i think it's always a good idea to take everything just in case. They have different sources to get more info..So don't stress urself out if u don't have one. Anyways i hope everything will be good and end well for all of us. Take care and let me know if u need any more info.
Good luck DuiDude and everyone out there.
 
gautam_t said:
Hey Rahul,

I am in the exact same situation as you. In your case, is it visa revalidation / stamping? or is it just the visa extension petition?
I applied for my H1-B1 visa extension last month and waiting for the approval for the petition which will normally take 4 - 6 months. For visa extension I did not have to fill in DS-156 form where I have to declare my arrest. From whatever I have read on lots of these forums I understood one thing for sure : DO NOT LIE. In DS-156 form, in the same question it asks for arrest and even if you are acquitted. So for that you will have to answer YES to that question. ( This is what I understood from my talks to my lawyer...but he is a criminal lawyer and not immigration lawyer.) Hence I am going to contact an Immigration lawyer ( Mostly Rajiv Khanna ) to clear my doubts and what papers are required at the embassy.

If possible email me ( my email should be in my contact info ) so that we can discuss about this. As far as I have seen, first DUI should not be a problem in most of the states ( except Arizona and Texas where first DUI is a felony) but we have to present a lot of paperwork I guess....so lets hope for the best.

DUIdude...I really appreciate your help in this. Please add any information you feel is important or the process or documentation.

Gautam
Click to expand...
 
Dui

I had send my papers for Revalidation in US, with almost all the paper work but They are saying that they can not process my application here and you have to Visit Counslate in India and talk to Counslate Officer.
I have to Visit India in October.. can any one tell me please what are my chances of getting Visa there ? Can they Reject my Visa in India as well..

Thanks,
rahul
 
Appointment from Embassy

Guys,

DUI Dude again. Today I heard from Delhi Consulate regarding appointment. Unlike SDKUMAR, I received a call at home number asking to appear for revalidation. They told me that I could pick any date at 3.00PM. It took me excatly 33 Days for FBI Verification of finger prints. I will be at Delhi embassy on 13th. I will update you later on what happened there.

To answer Rahuls question, I had a DUI in 2000, did my revalidation in 2002 by sending to St.Louis. I had answered YES for the DS156 question and had attached an explantion for it. This time when I came for revalidation 2nd time after DUI, they send me for fingerprint verifications. What I understood is that if you answer YES for the question, now they will send for fingerprint verifications regardless of whats the history. It doesnt imply you will not get a visa. Rahul, please verify your case with Rajeev Khanna since the critical things on a DUI is that your probation should be less than year. Also I read some where Jail time more than 6 months on verdict(or served not sure) has some implications too when looked by immigration eyes. (This is my understanding) Normally first time DUI's are misdemanor's and is of no issue except in some states like TX

I have one of my friend who I know, had arrested for DUI, lawyer brought down it to reckless driving, still his visa revalidation got stuck and was asked to go to India to complete it. I guess anyone who is worried about this should consult a good immigration attorney and have the DUI assessed

Any way guys ..Wish me good luck!

DUI DUDE
Drink Responsibily .. !
 
Good luck to you Dude !! Get drunk (ofcourse, no driving) after you get your Visa.

I read a statistic once that for every DUI citation, there are 2000 that are not cited. This is the most common criminal offence committed in USA, only the unfortunate get caught.
 
Hey

Hey DUI Dude,

Thanks ! a lot for sharing the information and this kind of information really help for we concerned people. I hope you get your Visa.

I am planning my trip this october and the embassy has send my papers back saying it as a case of 221(g) and have asked me to revalidate from outside country. Now my question is should i pre fix an appointment in Delhi embassy, how should i go about it ? I am a bit confused.

I saw my judgement and had found that the court had given probation for 2 years and jail term of three months . I had verified with one immigration lawyer and he told me that probation time does not make the difference it is the jail time which counts on the verdict.. I really dont know what is going to happen.. but yeah i hope people will keep posting there experiences and comments..

Thanks a lot,
Rahul
 
Rahul..

Hi Rahul,

Looks like you have to prefix an appointment in the American Embassy unless its states that on the 221g.

Contradicting the information, what I collected for lawyers is that probation time of more than one year has some effect. I heard this information right from the time I got DUI, and my DUI lawyer is the best in atlanta for DUI with little knowledge of immigration. Still he mentioned about the importance of less than 1yr probation case.

Regarding the Jail time, I got that information from some official document from California state related to immigration. I searched google and found that out. I dont have the link now, one I find it I will send you that.

Not to scare you, but consult with Rajeev Khanna..has good info in DUI/Immigration combo. It costs $150 I guess which worth it.
Will update you all.

DUI Dude
Drink Responsibly..!
 
When do you get passport after visa revaidation after 221(g) refusal

---------------------
Hi Duidude,
Thanks for the info. do we get passport after visa validation same day or consulate send it by courier? This I am asking after 221(g) refusal and then having appointment at the consulate. in your case did they give you passport in hand? Pls. reply .

Thanks,
Mercy1
 
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Not Heard From Duidude

Hai DuiDude,

We have not heard from you after you going to consulate. Would you pls. update us your process at consualte whuch may be benefitial to all of us.

Thanks,
Mercy1
 
Recent DWI - 1st offence and H1Visa

Hello All,
This is with reference to a few questions that I have regarding my H1-B1 Visa Multiple entry stamping. I came to the US in May 2000 on a student Visa, graduated in 2002 and eventually got my H1 and currently working in Northern Virginia. I had been arrested in Northern Virginia on the 1st of July 2004 for suspicion of drunk driving (DWI - 1st offence). My BAC was 0.15. My court hearing date was on the 31st of August. The judge punished me with the following sentence:
1) To take the VASAP program.
2) A fine of 1000$ and a suspension of $600 so totally 400$
3) 60 days in jail with a suspension of 55 days so totally 5 days
(according to the new rule as of July 1st ‘2004.)
4) 12 months suspension of driver’s license.
5) An active probation of one year
However, I requested for an appeal in the Circuit Court. The next trial date is Nov. 11th 2004. I was intending to get some time by doing this before I am actually convicted of the DWI charge. In the meantime I thought it would be better if I get my H1-B Visa stamped on my passport as I am intending to get married in December 2004 and get my spouse here. I know that I have committed a grave mistake and I have learnt it the hard way. I would never do this again in my life. I am very nervous about my stamping. I am not sure if this charge would jeopardize my career and/or my legal status here in the US. I am not sure as to how this would impact my Visa Stamping, getting a H4 visa for my spouse and our re-entry into the US after marriage. In this regard I thought it would be a good idea to get some advise so I am seeking to get some suggestions from you guys. I learned from this forum that some of you have been in the same position as I am and have been of great help to each other. I am seeking similar help and advise from you. I already attempted to appear at a US consulate in Canada and was informed by the Canadian Consulate in Washington DC that a DWI would make me inadmissible to Canada. Are there chances of appearing at a Consulate in Mexico or is it too risky to do so. How would it work out for me if i had to appear at a US consulate in India. What can i expect? Will i ever be able to enter the US again?
Any help and guidance from anyone in this regard would be greatly appreciated.
Thanking you in anticipation…
DWIVICTIM
 
H1B-extension & DUI

Hello, all

I was just arrested for DUI, and possibly be convicted soon.

I'll be applying for H1-B extension in a few months.
Does anyone know what impact will be to my future H1-B extension, not revalidation?
When I extended my H1-B last time, I do not remenber seeing that required
any policy statements.

Thanks for any info.

AnotherProblem
 
AnotherImmProbl
I got DUI in 2003 and I am waiting for my H1 extension which I applied for in June....I'll update this message board as soon as I get my extension which I believe I'll get soon...it normally takes 4 to 6 months.....u dont need to disclose ur arrest since u r not filling the DS 157 form ( u have to declare it there when u go for actual stamping )...

Another thing u might wanna do is to get a good criminal lawyer..do NOT defend urself...and get the minimum sentence possible...IMP : try to get the probation slightly less than 1 year ( mine was 1 year - 2 days )...it does matter because one year probation directly gets reported to INS by the court ( atleast thats what my lawyer told me)...

G....
 
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To Guatam_t

Thanks for your kind reply.
Looks like there is no problem with H1-B extension but some documents
are required for visa revalidation.

I already hired a lawyer who only handles DUI cases.
He has been, he said, handling only DUI cases for the last 10 years.
Looks like I may get either 3 month revocation or 1 month revocation with
5 month probational license.
He will also try to reduce from DUI to DWAI, or whatever he can.
I'll keep you guys posted.

AnotherImmProblem
 
arrest on Petit Theft first time.

I got arrested and served the term for misdemeanor crime called Petit Theft. (It was more of discount label mischievous at retail store result of challenge with friend), which I realized now how stupid I can be to do such thing and have enormous regret for my behavior. I got my punishment also. Cops arrested and detained me for one day and next day released by my saying about charges “No Contest” since I have served the term already. Story of my blunder ends here may not be true for future implication.

My status in USA:

I am at present on H1B holder and visa is stamped on my passport till Jan, 2006 and currently working.

My real concerns are :

1) I have my flights booked to India (I am going alone not with family) in the month of November. My concern is while I return at Port Of Entry, they may denied me entry if they see my arrest entry in their system even though I have served the term and my crime was not even felony or any kind of threat. Or I should avoid going out of USA since my family will be here only? In that case how long I can avoid going out?

Pl advice what one should expect in cases like this? Whether they can hold me at airport and deport me without even letting me go to my home and to family in USA for this kind of previous crime which is already served (Other then this my record is clean)
 
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