DUI conviction and H-1 stamping, Do I need a medical certificate ?

goudgattu78

Registered Users (C)
#1
Hi all,

I got my H-1 approved and started my job as a research assistant in the University from June 1st 2007 ( because it is a non-profit organisation so the date june 1st instead of OCT 1st). Now I am planning to go for H-1 visa stamping in Aug or Sept along with my wife (H-4) and my daughter ( she is an American Citizen).

The issue is , I was convicted of DUI/OWI/DWI ( whatever people call it) in Nov 2004. I have been through all the procedures and the community services and the fine and everything that they imposed on me. I also have paper work from the court where I was prosecuted saying " CASE CLOSED" Now I have a valid driving liscense and recently I got my FBI finger prints check from D.C saying "NO ARREST RECORD FOUND" stamped on the finger prints sheet. My spouse record also says "NO ARREST RECORD FOUND" .

My concern is -
1) which consulate will be safer?
2)Do I need anything else more than the FBI check document in concern with the conviction?
3) Did anyone faced hell a lot of situtation because of such kind of conviction.
4) I heard that there will be a need of some medical documentation saying I am not a harmful person to the surrooundings where I reside and to myself? Is this true? IF so where can I get such kind of help. I am not a drinker anymore as I gave up drinking 2 years back.

Please advice me how to get prepared for the VISA stamping and what are the relevant documents that can be asked during the interview.

Any suggestions are welcome and appreciated

Thanks
 

skganji

Registered Users (C)
#2
Delhi Consulate may be faster for people with Arrest Record !!.

Recently , one Indian friend advised me that the Delhi Consulate has got electronic FBI print check System. With this the wait time for any body has come down from 6 weeks to 1 week. Please consider this option if you any body is applying for a H1B visa and have an arrest record.
 

goudgattu78

Registered Users (C)
#3
thank you SKganji for the reply. My main concern is do I need to take any medical reports saying that I am perfectly normal and doesn't have any drug abuse related problems. Will the FBI print that I got from the FBI criminal check office few weeks back will work or not in this issue?

thanks
 

duiguy

Registered Users (C)
#4
Yes u need a medical exam!

Hi there,
Im in a similar situation as urs....came down to India 2 weeks ago...went for the interview on 27th July...got 221 g as expected...VO told me that Ill have to get an ok certificate from a physician...passport was collected at teh embasssy with the 797 form(dunno why) after 5 days I got a mail from the embassy sayin that I need to get a medical test done froma panel physician (In delhi).....am hoping that itll be okay.....But one word of advice....DO NOT take an appointment in another city ......Im from Bombay and its a pain to travel to Delhi for everything...3 trips in all...one for the initial interview, one for gettin the test done(oh and before that I need to go collect my passport from the embassy 12pm-1pm only), one for the next interview (it takes 1-2 days to get the results of the test)

Wish me luck guys!! Ill keep u all posted on what heppens next...


thank you SKganji for the reply. My main concern is do I need to take any medical reports saying that I am perfectly normal and doesn't have any drug abuse related problems. Will the FBI print that I got from the FBI criminal check office few weeks back will work or not in this issue?

thanks
 

goudgattu78

Registered Users (C)
#6
Hello DUI guy,

please,could you please brief me your conviction. Like
1) When did the conviction happen? ( month/yr)
2)What was the % level of alcohol?
3) In which state did it happen?Mine happened in Michigan
4) Does your FBI check indicate anything like convicted or no criminal record /arrest record found in the check?
5) Any accident involved during the conviction?
6) One conviction enough to make our life a miserable one?

I'll be glad and appreciate your concern for taking time to answer my questions.

Actually I am planning to attend the visa stamping either in Bahamas or Mexico. How does it will affect my fate attending Visa stamping in India rather than Mexico/ Bahamas?

Thanks alot for your time and patience.
 

goudgattu78

Registered Users (C)
#7
We cannot get the medical exam over here in U.S- important inforamtion

Hi all,

Unfortunately we cannot get the medical exam over here in Unites states. These are the answers that are revealed in my research

Physicians

Can the applicant have his/her physician perform the medical examination?

The medical examination may not be done by the applicant’s family physician or any other doctor not listed as an approved panel physician.

Can the medical examination take place in the United States if the applicant is pursuing a visa application abroad while physically present in the United States?

Visa medical examinations may not be conducted in the United States. An alien pursuing a visa application abroad while physically present in the United States must have the medical examination conducted by a panel physician who has been designated by the visa issuing post to conduct medical examination of aliens in the country in which the alien applies for a visa.

That will be really time consuming and hectic for me if I plan to attend anywhere other than India.
i have to try my luck
 

goudgattu78

Registered Users (C)
#9
please take a letter from your physician- DUI charged within the last 3years

Hi

I attended the Visa interview at Toronto on Wednesday.
I have checked the option whether I was convicted or arrested?
After reviewing all the fillings in DS-156 and DS-157 the Visa officer asked me what do I do? Where I did my M.S from which university? and so on?? And finally when she reached the end of the application DS-156 she saw the tick mark in conviction and arrest area and asked me too brief her out what happened. Then I explained her that I got arrested for DUI in Nov 2004. Then she looked up the calender and asked me for 1 min and she went inside and spoke with some body and came back with the green form (221(g) ) . Then she said that " I am unfortunatelhy on the wrong side of the law" and need to answer some questions in the form and gave me another physicians referal form . She marked the address on the form and asked me to contact those people and make an appointment and said They will evaluate me whether I have any alcohol related problems or alcohol abuse problems and give an assessment in a sealed envelope. I need to take that sealed envelope to the consulate any time between 9-11 AM Mon- Thu ( walkin- no appointment required). In Toronto The physicians address is
Howard S.Seiden
145 Front Street E., Toronto, Ontario M5A 1E3
Telephone: 416 362-8614
Fax: 416 362-6070

At this address they will give some forms that needs to be filled out by the persons Family doctor or PCP etc or Any doctor who knows well about the person adn can evaluate the person based on two following conditions

1) The determination of a diagnosis of a mental disorder,namely alcohol abuse

2) Current harmful behavior associated with the mental disorder or a history of harmful behavior associated with the mental disorder, that is judged likely to recur in the future must be established or ruled out.

A brief letter form the Doctor or Physician who examined the person recently from the past 2 years needs to write his view based on the above two statements on the letter head and fax it to them. So be prepared to take the letters before hand . And also it would be better to have an assessment from any alcohol study assessment program in your area. I had this from the court at the time of my conviction. So i got my evaluation from them by fax and submitted it to the people at the above address. I furnished all the documents that I preserved from the date of the conviction. All the court records, drug testing services, court fines etc etc.And of course the letter from the doctor explaining who I am and How I am after the conviction. And also need to pay 214.00 Canadian $ for the processing and if they require any additional inforamtion then they will charge $340.00 Canadian every 1/2 hr ( if they are supposed to speak to our doctor or so.....). So be careful. DUI is very expensive.

After submitting the documents they said it will take min 1-2 weeks for the review and will call you after everything is reviewed. I requested them a lot to get it done by Monday. I called them up on Monday afternoon. By Gods Grace they said Its ready and asked me to collect it at 4 PM. I went on Tuesday Morning and collected it at the above address and walked into the consulate which is 15 mins walk from the above address.

I gave the sealed envelope at window 8 within 5 mins it reached the Visa Officer who interviewed me earlier. She called me and said sorry for the delay and sorry for the trouble. She asked me to come pick up the passport for me and my wife between 3pm-4pm on Thursday. And then I was out of the consulate within 10 mins.

And I went and collected the Pasports with the Visas on Thursday and drove straight to Niagara in that terrible Traffic and took some snaps and returned home on Friday.

There ends the saga.................

And would hope to live happily for the following 3 years...................
 
#10
H1b with DUI

Hi thank you all for the information, i am wondering how you could enter CANADA with a DUI as the CANADAIAN immigration does not give visa if you have a DUI. Please let me know it will be a great help.
 

goudgattu78

Registered Users (C)
#11
I too wondered it would be a problem.but they didn't ask me anything at Canadian consulate even I filled up the application as convicted for DUI. I might be lucky as they might have overlooked or they might have thought it was almost 3 years ago. Don't know yet.
 

JohnZ07

Registered Users (C)
#12
Greetings ppl. i have a question on the arrest stuff so as i read on the DS-156 it states to bring a copy of conviction and arrest.So to the ppl who when to the consulate i have question for you did u had to hand over the records for arrest or did u verbly told him/her what happened ?
Thanks,
 
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