DUI - 1St Offense - H1B stamping

1

1ddui1

Registered Users (C)
Dear Friends... I got a DUI on Oct 1st 2004 - which is my first offense and for that i got 30 days license suspension and alcohol program (which i finished) and 6 months probation. I transferred my B1B2 visa to H1B and working in US since last 3 years - i have a permanent job with all the benefits. I came to India for my H1B stamping and i said "YES" on D156 form asking me question "whether i was arrested...." - i had an appointment with US consulate on Nov 30 2004 and they gave me white sheet which has 221g - as per 221g i have to give my finger prints (that they will send to washington for verification) and have to pay $85 dollar and they also told me that they will contact me in next 30 days via telephone and for that i do not have to reschedule an appointment but have to bring that white sheet 221g as a token, and have to bring my all the documents. Friends... my concern is do you guys think that i might be in problem or... i mean i might get refusal or they will stamp my passport... Please send me your response to thakkarashish@hotmail.com - i am really worried and concern as this is the question of my carrer...

I would really appreciate your help and reply in this matter.... Thank you.
 
you will not have any problem and and you will get your visa. at the time of interview, u need your court docs and the case recors and the details.Did your case final or over. it will take longer may be a month to 45 days but do not worry.
 
I had my final hearing on Nov 12 2004 - for which i have my court papers - i have no idea that 30 working days or including holidays ? its almost 3 weeks but i didnt get any calls as of now? please help... if you have any information. thank you for your prompt reply.
 
It's More than 50 days..

Hi Help_vt

It's been more than 50 days since I got 221 g and I have not heard back from them yet. When I call the they asked me to be patient and wait for their call. How long should I wait? Do you know anyone who had this delay?
 
You should get Visa

duiproblemdude and 1ddui1

I think you will get the visa after 6-8 weeks . There are some people here who have got their visa after DUI and arrest . Search the forum with for "arrest" and "DUI" . You will see approvals for cases .

I know how you must be feeling. Dont worry , you will get it.

Keep all of us posted.
 
H1 stamping in India with DUI

Hi guys...

I got DUI ( first offense) in April 2004. finished all formalities in one year...My H1 extension petition ( not visa stamping) got approved last week...will get the papers in one week.....so I am going for H1 stamping in India in 2 months....Wanted to start this conversation again...cuz this is my time to face the music...so wanted to be prepared for it....atleast with all paperwork and advice from the guys who went for stamping with DUI in US embassy in india ( anybody went to mumbai / bombay embassy? ).....so guys...please respond if you are checking this thread....specially duidude, rahul_us, sdkumar, patnams, rwithclass, helpls, anotherImmProbl and anyone who has done the stamping in India...

Gautam....
 
Friends... Today i called US consulate mumbai to check my status about finger print verification but they kept me on hold for about 2-3 mins and said they havent received anything from finger print division and are not sure when they will receive it and theres nothing that they can do about it as theres some internal procedure that they have to follow... and has asked me to call after 10-15 days - I am really worried about this... as its already one month... Please help if you do have any information.
 
30-45 business days

1ddui1...

It generally takes between 30 ( min ) to 45 ( max ) business days ( excluding saturdays and sundays and US holidays ) to get the call for the us consulate...U'll get a call as everyone else on this forum has...and they will ask you to pick up a date for second interview....keep us posted...

G.....
 
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DUI - 1st Offense - Got a call...

Friends - Finally... I got a call from US consulate about my H1B stamping - It took them precisely 43 Days for all the verification - and they have asked me to appear in US consulate in any working days - I am really thankful and grateful to you all for all your kind support and wishes... Hope i get my H1B stamped and everything goes well when i go for the interview... I will certainly let everyone know result of my interview....
 
All the best

I Wish you best of luck at the interview. Please give complete details after interview.

Thanks
 
good luck dude...

1ddui1....

its a real good news....i wish u luck and hope everything works out fine ( as it has for every single guy who has been through similar experience )...keep us posted and please post all the details....

G...
 
What happened at the interview

1ddui1,


What happened at the interview??

Please let us know.

Thanks
 
Further entries after DUI

I understand what is the procedure for the stamping w/ fingerprinting the first time a DUI arrestee goes to India and comes back on a H1 Visa. However I have a few pressing questions in my mind:

1) Assuming that he goes through the process successfully, gets his stamping and comes to the US and at a later point of time wants to visit India again and return back to US - would he have to go through the same 221-G delay or any other delay in the port?

2) Assuming that he goes through the process successfully, gets his stamping and comes to the US and at a later point of time gets another job and thereby switches his employer, then wants to visit India again and return back to US - would he have to go through the same 221-G delay or any other delay in the port?

3) Assuming that he goes through the process successfully, gets his stamping and comes to the US and at a later point of time goes back to India to work for an Indian employer. Then his Indian employer wants to send him back to US on a different visa - would he have to go through the same 221-G delay or any other delay in the port?

4) In other words, does the Consulate insist on doing the 221-G delay everytime the person wants to enter the US with a new visa (or old visa?) even though they have done the fingerprint verification once after his offense? Wouldn't they have their previous fingerprint/biometeric verification in their local database?

Any advise is much appreciated. Thank you.
 
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pacific

Once you get the H1-B1 visa...it is for 3 years...u dont have to get through the same process again at the US consulate in India for next 3 years...u can return to India and come back without going to the US consulate.....but whenever u have to stamp the passport for new visa...same process will be repeated...

another thing is the port of entry...u have to carry the court documents with u all the time when u want to leave the country and re-enter USA....at the port of entry they can stop u and ask to repeat the whole incidence...this is because ur fingerprint records will match with those from FBI records...and anotherone is ur H1 visa stamp which will say "Hit not exclusion" or something that sort of thing...I have not done my stamping but have got this info from the person who did it...

G...
 
Thank you gautam_t.

1) If you look at the DS156 form there seems to be a line indicating that you can get a Waiver for this 221G delay for the visa processing by getting some certificate from the Consulate/USCIS. Has anyone tried that?


2) This question might be due to my ignorance about the basic H1 stamping process. Does a person who changes his US employer in the US by undergoing H1 transfer from company A to B, have to stamp his visa again when he visits India though his previous stamping might not have expired?
 
pacific

I think you must be talking abt question 38 :

A visa may not be issued to persons who are within specific categories defined by law as inadmissible to the United States (except when a waiver
is obtained in advance). Is any of the following applicable to you?

I personally do not know anyone who has done that....

regarding changing ur employer, check with ur immigration lawyer if u need to get the new visa stamped?....as far as I know u dont need to stamp it again...but that was long back and the rules keep on changing....so make sure with ur lawyer..
 
Visa Stamping - After DUI

Friends... Finally i got my Visa Stamping approved after 1st Offense DUI - this is how it happened in my interview after i received a call from them. I went around 10.00 AM on any working days and officer called me around 12.30 PM - as soon as he saw my paper he asked me...
Oh ! so you were arrested ? i said - Yeah...
He said... Ok, i will call you later you can have a seat... and he called me after 10-15 mins and he asked me...
Show me all your court papers ? after i submitted my court papers he asked me to wait cos he wanted to refer my court papers and later on he called me after 3 hours i.e. around 3.30 PM. And he asked me to bring my court papers in details and that what would be the maximum possible sentence in my case and my past W2 Forms - But luckily i was not sentenced as it was my 1st DUI offense and i had my W2 forms. I went again on working day around 10.00 PM - and this is how it went... (he was the same person who interviewed me...) he asked...
Ok, so... did you bring your court paper about sentencing.... i answered him Yes ! here is the paper and he looked at that paper for couple mins and he asked me...
What work you do in US ? i answered - i am into computer programming.
And FINALLY.... he said... OK - Your visa fees has been accepted.

WHAT A RELEIF!!!!... FRIENDS.... I have no words for that...

I am Thankful to all of you for your kind support and help... And Good Luck to everyone... Please do not worry - if its your DUI 1st Offense then certainly you will get your Visa Stamp.... but there will be a delay due to their investigation But at last YOU WILL...

PLEASE DO NOT DRINK... - IF YOU DRINK, DO NOT DRIVE AND IF YOU DRIVE, DO NOT DRINK - BOTH THE THINGS CANT GO TOGETHER - CERTAINLY NOT !!!!
 
First of all, congratulations, 1ddui1 and also thank you for informing us how you made it well. Your story will help and reduce the anxiety of a few other people who had committed the same mistake once and have already realized and paid for it in a very hard way but are still despairing about its indelible long term repercussions.
1ddui1 said:
And he asked me to bring my court papers in details and that what would be the maximum possible sentence in my case and my past W2 Forms - But luckily i was not sentenced as it was my 1st DUI offense and i had my W2 forms.
Click to expand...
Do you mean that you were not convicted by 'But luckily i was not sentenced as it......"
1ddui1 said:
I went again on working day around 10.00 PM - and this is how it went... (he was the same person who interviewed me...) he asked...
Ok, so... did you bring your court paper about sentencing.... i answered him Yes ! here is the paper and he looked at that paper for couple mins and he asked me...
Click to expand...
Do you mean 10:00 'AM' the next day? Did you have to go the next day with the court papers again?
Also, please tell us how many days it took for the stamping after the first day of 221G issual?

1ddui1 said:
PLEASE DO NOT DRINK... - IF YOU DRINK, DO NOT DRIVE AND IF YOU DRIVE, DO NOT DRINK - BOTH THE THINGS CANT GO TOGETHER - CERTAINLY NOT !!!!
Click to expand...
That is an important message 1ddui1; none of us would have even imagined before that a single DUI stop would cause so many problems, even issues of major delay with stamping, job screening, admission into Canada, rental car etc. Since most of us were never taught driving showing the severe seriousness of DUI laws back home where we learnt, after coming here the simple cramming of the drivers manual and getting the driver's license usually does not instill us with the stark and grave seriousness of DUI laws of the road here. The worse thing is the permanent criminal background that it leaves with us though we would have always thought we were brought up as proud law-abiding citizens and could never break a law. Lastly it is trauma that it leaves on people. It is nice if we could propagate the seriousness of this issue to as many friends as possible who would have only little idea of what a DUI can mean to them.
 
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