DUI Folks ..Log your concerns here

duidude

Registered Users (C)
Guys,

If this helps the DUI folks....

I had a dui in may 2000 (first offence/ no accident). I had done an H1 transfer & Visa revalidation (after 9/11) . All of them went fine.
I remember a question in DS156 form asking that have you ever been arrested? I had answered YES and had attached an explanation of what happened in my own words and all court related documents, community service docs etc. I had done my revalidation by sending it to St Louis.

I had a consultation with Rajeev Khanna and he told me DUI first offence is not an issue with green card.

If you have questions which are DUI related please log here

Thanks
DUI DUDE :)
Drink Responsibily
 
Hi DUI Dude,

In your last message did you meniton any URL or link ( Login here.... ) ? Because I could not see it. Let me know. I need to know a lot of information after this stuff.

Thanks for your help.

Gautam
 
DUI and visa Revalidation

I also had DUI last year , which was resolved after i pleaded guilty , payed the court fine and did WIP classes. But Now I have send my papers for Visa Revalidation , there is one clause on DS-156, which says were you ever convivted before ..I know , i should be saying yes ( i mean whatever i have found on internet.. but not sure what kind of documentation i should include.. can some one help me on this..

Thanks
Rahul
 
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
 
DUI Concerns

Guys,

Gautam..

I dont have any url links for your questions, I am telling the information collected from my experience which I thought will help.

Rahul,

What I figured out was to answer YES in the DS156 form from lawyers. The papers I added when I send for revalidation are.

1. An explation in my own words on what happened in a formal letter way
2. Court verdict papers
3. Community service papers
4. Alchohol / Drug evaluation done at a private agency ( this was done for the DUI case at the time the case was going on) I dont think this is important.
5. Any other DUI related stuff you have .

I got it revalidated without any problem from St. Louis.

Hope this helps ...add all experience to this forum so that its helpful for people in this situation

THanks
DUI Dude
 
Visa revalidation in India & DUI Question

Guys,

I am in a situation where I have to go to India for revalidation this time since I have to make an emergency trip. I had DUI first offence , no accidents .

Do any of you know anyone who did revalidation in India ? If yes ..

a. Which consulate?
b. In person or drop box?
c. Processing time for revalidation?
d. Documents submitted?
e. Any Complication happened & any useful information?

Thanks All
DUI Dude
 
Hey DUIDude...

I personally do not know anyone who has done the revalidation in India after the DUI. Althouh I personally know a friend who did the stamping in Canada ( I have no idea how he was allowed in canada as you can not enter Canada if you have a DUI ) And after providing all papers he was not even asked about the incident.

On this forum, I found comments from member with id JPD who had a DUI and who has done his and his wifes stamping in Delhi consulate after 9-11. I am not sure if it is possible to contact him as his email is not listed.

Please let me know if you know anyone who has done the stamping in India.

Gautam
 
Hey rwithclass...

I tried to reply u back on ur hotmail account but it bounced back...can u email me from a different account?

G..
 
gautam_t said:
Hey DUIDude...

I personally do not know anyone who has done the revalidation in India after the DUI. Althouh I personally know a friend who did the stamping in Canada ( I have no idea how he was allowed in canada as you can not enter Canada if you have a DUI ) And after providing all papers he was not even asked about the incident.

On this forum, I found comments from member with id JPD who had a DUI and who has done his and his wifes stamping in Delhi consulate after 9-11. I am not sure if it is possible to contact him as his email is not listed.

Please let me know if you know anyone who has done the stamping in India.

Gautam

Gautam, any progress in your situation. I will have to soon face the music.
 
Got My H1 Visa

Hi Folks,
Finally got my H1 visa stamped in India (Chennai). I am back in U.S.
I understand the concerns that you all have and i want to share my
experience with all of you. About my case please see the other thread with
the name sdkumar...
Firstly i would like to convey my thanks to the members of this
forum (JoeF, Debbie Ward and others) for their valuable information.
Secondly it is true that with DUI we cannot go to Canada. I initially
thought of going to Canada, fixed the appointment and finally came to
know that DUI makes you inadmissable to canada.
Thirdly before leaving from U.S i have taken the following documents.
This was possible only through the input from the valuable members. I
followed their advice.

NOTE: i completed all the formalities before leaving to India. like
paying all the fines, completing AA classes,etc..
1) Court Disposition Record. You would get this at the Clerk's office
of the court where your case is being handled. A nominal fee would be
charged. This document would be given only if you have completed all
the formalities the judge ordered you to do.
2) Court Reporters document. This document normally has the statements
recorded from the time you case was brought to the court till the final
judgement. This document would be prepared by the court reporter/clerk.
This also you can get it in the court but you need to talk to the
reporter/clerk or whoever documents the statements
3) Copy of the police Record. This record i got it from my attorney
upon request. This has the statements given by the police/cop on the
day of the incident. If you don't have an attorney maybe you can request
the respective department.

Left to India with my fingers crossed not knowing what's going to happen.
Filled in the DS-156 form and etc..documents.
I answered "YES" for the statement "have you ever been arrested/convicted...."
I took all the other documents in-addition to the above three. My file was
sent in. My number was called and the officer looked at the DS-156 form.
He asked what happened?
I told i had a DUI.
He asked me to wait for sometime and told me to take a seat.
After 10 minutes they called my name and they took my fingerprints and after that
i was given a letter by the same officer. The letter states that
"they need 45 days for additional processing".
and i was told not to fix any appointment till i receive the letter.
After 30 days i got the letter from the consulate asking me to appear for an
interview. I went for the interview with newly filled DS-156 document. I again
mentioned "YES" for the statement "have you ever been arrested/convicted....".
My number was called and the officer asked the following questions:
1) When were you arrested?
2) Where were you arrested?
3) What was your BAC?
4) What happened that day of the incident?
5) What was the judge orders on this case

I answered the questions. Frankly i was really really nervous, but the officer
was kind enough to say that don't worry mistakes do happen. Be careful...etc.etc..
and he told me to pay the amount for the H1.

That was a huge relief for me.
Came to U.S thinking what might happen at the Port of Entry. They took my fingerprints and
nothing about the DUI. Finally back to U.S and back to Work. It was really tense moments but
finally everything ended well.
I hope my entire process would help you guys.
Good luck.
 
Re : Sdkumar

Hi SDKUMAR..

Its really a great news and a great relief to rest of us who are going to face the music later this year.

I have 2 questions:

1: Court reporters document: I went to the court when I went to collect my case disposition papers. I asked the clerk over there. He said the only this required by the INS is the court disposition document indicating the charges and how they were dismissed. How did u get it? What does it contain?

2: Police record: Is it the same arrest record that I received from the court on the day they gave him the date to appear in front of the court or do I need to contact the police again to get that copy?

Thanks,

Gautam
 
RE : ptnams

Patnams,

I have recently applied for my H1 - B extension ( second extension) and waiting for it. It will take atleast 4 - 6 months. Only after that I can go to India to get my H1 Revalidation. When are you going for your stamping.

Gautam.
 
DUI DuDe

Hi Dude
I am in same boat but little different let me explain i just got DUI and i have green card but i have to apply for citizen in march does DUI or Probetion affect citizen ship and do it affect any immigration file related to me. Help needed SOS

Thanks Matt
 
I am going to India tommorow for Visa Reval with DUI

Guys,

DUI DUDE again ...I am going to india to stamp at delhi consulate with web appt . God know what will happen .. to recap mine is first offence , similar as many folks,

I will get back to you as soon as I come back or from India..wish me good luck !

Regards
DUI DUDE
 
H1b visa and arrest

I was arrested once in 1997 for driving with a suspended license. Paid the money came out the next day. issue was resolved. got my new license. Is this an issue? I actually answered no to the question and got my visa revalidated from MO in Oct 2003. Now I am at home and having to get a new visa stamp. I answered no again (offcourse I would have said yes had I read all these here before) and my interview went fine but I am waiting for a security clearance. Am I going to be ok?
 
no DUI

no, it was not. I never even drank in my life. It was because of an accident in 1995. accident was my fault and the other party sued. my insurance did not pay enough. The license was suspended and I did not even know because I moved to GA.
 
Good luck

Gautam_t
Court Reporter Document:
This document is an additional one that might be handy. The clerk told me the
same, that court disposition document would be enough for INS. But
since the members in the forum told me to take it i requested this
document with the court reporter. For Court Disposition document you
would have got it at the clerk's office. But Court Reporters document
you have to talk to the person who documents the statement of what
happened in the court from the time your case started till the end.
So this person would be in the court-room. i mean listening and
documenting the statements while the hearing is going on. So i would
say go to the court-room and ask for the court reporters document. This
would take a few days and importantly get the phone number of the person
who is going to give you the document. The reason is whenever i tried
to meet that person he/she is in the courtroom documenting the
statements of other hearings that was going on.
I will give an example of how that document looks and how it differs
from the court disposition document.
Court Reporters Document
eg: The case is a DUI
judge: is abc your original name
yourself: yes
judge: What do you say for the charges framed on u..
yourself: i am guilty
judge: did you understand what is written in the document that you have signed
yourself: yes
judge: ok
judge: judge gives the ruling
yourself: thank you your honour.

Court Disposition Document will not have the statements made by
the judge or yourself. instead it will say this person is found guilty
and these are the following fines, etc..and if you have completed
everything it would have the notes that all fines paid,etc...and
authorized/signed.
Hope this is clear.


Police Record:
I can tell you how the police record document looks like. It was having
the information about your vehicle, your name,where you work,
and photos or i shoudl say drawings of field Sobriety tests with your
results on it and whether you were polite or argumenting.etc...and
also whether you had a blushed face..etc..Also it would have what
was the reason the officer stopped and how you responded and what
your BAC..etc.etc....
Hope this is clear.

IF you need some more information, follow the following links. I had
posted my DUI issue in the "Any topic" category too and few members
had responded to it.
from immigration.com
click on "Forums" link
Click on "Any Topic" link
Click "DUI problem and H1 Stamping" link

Patnams:
I think atleast in my case 45 days was definitely for their verification
or security related issue in regards to DUI.

atlantabraves:
I would suggest you to talk to an immigration lawyer or atleast try posting
it in different categories of the forums (eg: under "Any Topic") and see what the response is. One of the registered
member "JoeF" seems to know a lot of immigration related issues and
hopefully he/she might see your posting and reply to it.

Good luck to you all
 
To SDKUMAR

Hi SDKumar...

Thanks a lot for the detailed feedback. I'll goto the court again and get that court report document as well as the police record.

Thanks again.... Any news from DUIDude if his visa was stamped?

Gautam
 
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