DUI Folks ..Log your concerns here

hi... i know this has been asked over and over again.. but ihave a DUI related question.. i got a DUI in 2001.. i completed all formalities. did community service and attended AA class. im planning to go to India to get my H1B visa stamped. i know i need court disposition documents, but when i contacted the court, they didnt have any records. they only sent me a certified document which says that there are no records against my name. im confused now.

Please let me know if this document is enough to go ahead with the Visa stamping.
thanks
 
Share experience

duiguy...

congrads..i hope you are on high spirits :)..anyways, a couple of us( as far as i am aware of) are planning on going to india for stamping in october. Please let us know about what to do and what not to..if possible, send everyone a detailed post, so that we can follow the do's and be weary of the Dont's. have fun man, im sure u must be...please help us out though...awaiting ur post..

sosbuddha.

Hi sosbuddha,

I am planning to go to India, New delhi for visa stamping in January. Could you please share your experience once you get your stamping done in october. I would appreciate it. Thanks
 
processing time at bombay

hello duiguy

can you please let us know why you chose delhi for the visa interview? do you know if bombay has electronic processing? were you fingerprinted at the time of the dui?

i was arrested for dui in april but my lawyer got the charges reduced to reckless driving. i was fingerprinted. want to get an idea of the processing time at bombay.

anyone who has had a stamping experince in bombay can you pls help?
 
court dispostition paper / certified

hi... i know this has been asked over and over again.. but ihave a DUI related question.. i got a DUI in 2001.. i completed all formalities. did community service and attended AA class. im planning to go to India to get my H1B visa stamped. i know i need court disposition documents, but when i contacted the court, they didnt have any records. they only sent me a certified document which says that there are no records against my name. im confused now.

Please let me know if this document is enough to go ahead with the Visa stamping.
thanks

Aren't court dispostition paper and certified docs the same thing? Was this in California ? You should consider visiting the Clerk at the Criminial Records division and they should be able to pull your file and issue the whole thing (in case you haven't done it already).

In any case you should be ok since it has been more than 3 years since your arrest (considering this is your only alcohol related violation)
see:
http://www.immigrationportal.com/showthread.php?t=256470
 
DUI and Chennai consulate experience

Hi guys, I've been reading this portal for the last few weeks, and wanted to give you guys my experience with DUI so far

Case update -

Feb 2005 - Stopped for DUI in CA (one and only DUI)
June 2005 - convicted for DUI misdemeanor and started classes and finished all the requirements - fines etc by Oct/05
Mar 2007 - H1B visa expires
Feb 2007 - H1B notice renewed
July 30 2007 - Filed AOS filed (parole document, AOS etc, file) - receipt date : July,30/07
Aug 10, 2007 - Left to India
Aug 15- Applied for H-1B renewal at Chennai and mentioned to the officer abt the DUI; officer confirmed that single DUI in itself is not an inadmissable offence and as long as its just that, I should receive the visa but stated that I need to come back for fingerprinting next day which I did.
Aug 20 - passport sent back along with a letter asking me to do Psych test
Aug 30 - provided medical report to the consulate after meeting with the doctor. The doctor mentioned that everything seems to be in order and I should receive the visa in 10 days or so.
Sep 27- Letter received from consulate stating ineligible for visa under medical grounds
Currently - working with lawyers to determine the best course of action on how to proceed

I believe the Consular posts in India are denying visas based on a single DUI conviction of late. Unconfirmed rumours state that consular officers are denying cases regardless of doctor's recommendation. Obviously, according to this forum it appears that there are instances where individuals have been receiving the visas in the last few months but I'm not too sure whats going on here.

At this point, my options seem to be -
1 - request an advisory opinioin from the department of state (could take 2-16 weeks);
2- reapply for the visa along with all paper work and documents from lawyers regarding the rules, exceptions etc. and request them to approve visa (which may or may not work)
3- or request for a waiver of inadmissibility which I believe I need to get from the DOS but, the visa denial form should state that I can and eligible to apply for the waiver which my denial form does not state.
4- See if its possible to travel using the parole document (problem is, I was present in the country when it was applied for and received by the USCIS; I will not be in the country (US) when it gets approved) don't know if this would pose any problems at the POE. I still have not received the parole document yet but have been told that I may receive it next month or so.

Obviously, I did not know abt the issues before hand. It looks like if you had a dui arrest in the last 3 years, then you will be asked to do a medical test and the consulate may find you ineligible based on this report. Hope this will help those guys who are planning on applying for visa in India (don't mean to scare you but giving you my experience). Safe bet is apply for the visa renewal after 3 years

Does anyone have any suggestions and also, do you know of any good lawyers who I can get a second opinion and also, use them to represent me ?

You can email me at swooshie02@yahoo.com or post on this forum.
 
Last edited by a moderator:
Its all Good.

Hi sosbuddha,

I am planning to go to India, New delhi for visa stamping in January. Could you please share your experience once you get your stamping done in october. I would appreciate it. Thanks

Hello folks, sorry was really busy, with my brothers wedding and travelling, could not get back to teh grp asap..my apologies...

well as some of u knowthat I had my interview on teh 22nd of oct at 10:00 am at the chennai consulate. well went into the consulate., and after haveing given my fingerprints and waiting for a while in a long line, finaly got to my counter...it was a lady, an ABCD probably...the interview was normal..lasted for about 2 mins...she aske dme for my masters certificate ..i showed it to her..and all teh time , she was ..i guess checking something on the screen, probably reading my application which we have to submit electranically..watever...and a few more work related questions,,,and then i thought it was time to answer the inevitable question regarding the arrest, and started taking my file out with the intentions of pulling my court doc's out , in casae she asked for them,...she saw me gettig the file out of my gag, and she said, dont worry abt that, i dont need to see anything else, after a pause, she said...ur visa is approved , u will get it via post...at which poit, i asked her if i cd persoally pick it up...she said defiately and gave me the contact numers of cheai VFS where i cd do that...i called the VFS ceter the same day at 3:30 to fid the status, ad htey said that they received my passport...i was shocked ad ervous at the same time...as i was curious to see if the stamp existed o my passport...rushed to the ceter ad the saw my vis astamped on it. thats aout it...i was relieved....

afterthoughts': well firstly, when athe cosulate she said i was approved, i was ot really happy as we have a case of one person who had a very similar interview, the officer said he got the visa, ut after 10 days he got his passport without the visa ad the 221g...thats was the mai reaso i wated to check the passport ad collect it persoally after the iterview...
my case might be slightly different from most of the folks here..i was charged with dui i 2006...but was ever convicted of a dui..i was convicted of careless driving, and my court paper states that i am NOT GUILTY OF DWI 1ST. my guesses are that, when u give ur fingerprints at the consulate tehy hek it with a criminal database ( dont know which one, apparently, there are a few ) and unless u have a dwi conviction, ( criminal ) ur fine...or u shd be fine...i think the new rule, and law looks more at covictios than arrests. But arrests , if in case the court case is still pending. If you read the new rule, one would get confuesed if it applies to arrests and/ or convictions, but i guess it writte taht way to ensure everyoe possibble is covered witin it.

so that was my experience. I know tis sounds real easy, but at thsi poit i really dont know if i missed the radar or my case if different, ad sice there was o crimial covictios, i got cleared....ut this is how it happeed.

i will try ad check this forum once a day, just in case someone presently india need help...but like i said, if i dont reply asap, no offence, there a wedding in the family :)
All the very best to all/..hope things works out for all...its always good to know that there is a chance...and my case, was like getting the visa nad never having a dui arrest in life...

k.
 
Hi Swoosh02, sorry to hear your state. Hope things get better. with so many different experiences with people at consulate offices,its gettig difficult to predict what would happen, keep us updated, thanks
 
Sosbuddha
Thanks for posting your experience.
I am in a similar situation as yours and (charges reduced to reckless driving). I am traveing to india in december, mumbai consulate.
I have a few questions-
1. Were you fingerprinted at the time of the incident? Did it pop up when you were fingerprinted at the consulate? I am curious as you said that you were not questioned about the arrest at all?
2. What papers did you carry?
3. Do you know if the consulate had electronic processing?
Thanks a lot, enjoy the wedding!
 
Sosbuddha

hi there....i have tried to reply to ur quesxtions..let me know if u need anything else..

Thanks for posting your experience.
I am in a similar situation as yours and (charges reduced to reckless driving). I am traveing to india in december, mumbai consulate.
I have a few questions-
1. Were you fingerprinted at the time of the incident? Did it pop up when you were fingerprinted at the consulate? I am curious as you said that you were not questioned about the arrest at all?

Yes i was....but nothing popped upo...like i said earlier..think they compare it with some criminal database...and unless u have a dui....it wdnt show up...but this is my guess..


2. What papers did you carry? -all court dispositions, please...etc
3. Do you know if the consulate had electronic processing? -what do u mean by electronic processing?

Hopethis helps....
i will be out for a while...but do let me know if u need anything..
sosbuddha
Thanks a lot, enjoy the wedding!

hi there....i have tried to reply to ur quesxtions..let me know if u need anything else..

Thanks for posting your experience.
I am in a similar situation as yours and (charges reduced to reckless driving). I am traveing to india in december, mumbai consulate.
I have a few questions-
1. Were you fingerprinted at the time of the incident? Did it pop up when you were fingerprinted at the consulate? I am curious as you said that you were not questioned about the arrest at all?

Yes i was....but nothing popped upo...like i said earlier..think they compare it with some criminal database...and unless u have a dui....it wdnt show up...but this is my guess..


2. What papers did you carry? -all court dispositions, please...etc
3. Do you know if the consulate had electronic processing? -what do u mean by electronic processing?

Hopethis helps....
i will be out for a while...but do let me know if u need anything..
sosbuddha
 
Urgent advice......needed....help needed

Guys,

I have been convicted with DUI, 1ST offence, no accident, no injury. But the max incarceration is 1yr and $6000. My BAC came around .21 & sentencing in court came to 2 weekends in Jail and court costs and 1yr remote reporting probation, since I will be going back to India in couple of months.

Now I need to meet the probation officer on this friday. I am on L1B visa and it is valid for another couple of years. My present I-94 is valid for another year. I work for an Indian company and they have their office in US. I work thr them to some client in US....

Following are my questions for which I need a definate answers....Please help

1) Is it possible for me to travel back to US on the same visa or not.
(What will be the problems at POE)

2) Will I be allowed to stay in US now for another couple of months or not. Because I heard from someone in this forum, that BCIS may contact me for removal proceedings now. Is it true.....

3) Will the BCIS CONTACT ME OR MY Employer.

4) Will I be deported back to India now.

Please advice me, how to go-ahead with this.......thx....
 
Guys,

I have been convicted with DUI, 1ST offence, no accident, no injury. Max incarceration is 1yr and $6000. My BAC came around .21 & sentencing in court came to 2 weekends in Jail and court costs and 1yr remote reporting probation, since I will be going back to India in couple of months.

Now I need to meet the probation officer on this friday. I am on L1B visa and it is valid for another couple of years. My present I-94 is valid for another year. I work for an Indian company and they have their office in US. I work thr them to some client in US....

Following are my questions for which I need a definate answers....Please help

1) Is it possible for me to travel back to US on the same visa or not.
(What will be the problems at POE)

2) Will I be allowed to stay in US now for another couple of months or not. Because I heard from someone in this forum, that BCIS may contact me for removal proceedings now. Is it true.....

3) Will the BCIS CONTACT ME OR MY Employer.

4) Will I be deported back to India now.

Please advice me, how to go-ahead with this.......thx....
 
Hello folks, sorry was really busy, with my brothers wedding and travelling, could not get back to teh grp asap..my apologies...

well as some of u knowthat I had my interview on teh 22nd of oct at 10:00 am at the chennai consulate. well went into the consulate., and after haveing given my fingerprints and waiting for a while in a long line, finaly got to my counter...it was a lady, an ABCD probably...the interview was normal..lasted for about 2 mins...she aske dme for my masters certificate ..i showed it to her..and all teh time , she was ..i guess checking something on the screen, probably reading my application which we have to submit electranically..watever...and a few more work related questions,,,and then i thought it was time to answer the inevitable question regarding the arrest, and started taking my file out with the intentions of pulling my court doc's out , in casae she asked for them,...she saw me gettig the file out of my gag, and she said, dont worry abt that, i dont need to see anything else, after a pause, she said...ur visa is approved , u will get it via post...at which poit, i asked her if i cd persoally pick it up...she said defiately and gave me the contact numers of cheai VFS where i cd do that...i called the VFS ceter the same day at 3:30 to fid the status, ad htey said that they received my passport...i was shocked ad ervous at the same time...as i was curious to see if the stamp existed o my passport...rushed to the ceter ad the saw my vis astamped on it. thats aout it...i was relieved....

afterthoughts': well firstly, when athe cosulate she said i was approved, i was ot really happy as we have a case of one person who had a very similar interview, the officer said he got the visa, ut after 10 days he got his passport without the visa ad the 221g...thats was the mai reaso i wated to check the passport ad collect it persoally after the iterview...
my case might be slightly different from most of the folks here..i was charged with dui i 2006...but was ever convicted of a dui..i was convicted of careless driving, and my court paper states that i am NOT GUILTY OF DWI 1ST. my guesses are that, when u give ur fingerprints at the consulate tehy hek it with a criminal database ( dont know which one, apparently, there are a few ) and unless u have a dwi conviction, ( criminal ) ur fine...or u shd be fine...i think the new rule, and law looks more at covictios than arrests. But arrests , if in case the court case is still pending. If you read the new rule, one would get confuesed if it applies to arrests and/ or convictions, but i guess it writte taht way to ensure everyoe possibble is covered witin it.

so that was my experience. I know tis sounds real easy, but at thsi poit i really dont know if i missed the radar or my case if different, ad sice there was o crimial covictios, i got cleared....ut this is how it happeed.

i will try ad check this forum once a day, just in case someone presently india need help...but like i said, if i dont reply asap, no offence, there a wedding in the family :)
All the very best to all/..hope things works out for all...its always good to know that there is a chance...and my case, was like getting the visa nad never having a dui arrest in life...

k.

great man...congratulations. Thanks for the post. Hope you are having fun in India.
 
Hi guys, I've been reading this portal for the last few weeks, and wanted to give you guys my experience with DUI so far

Case update -

Feb 2005 - Stopped for DUI in CA (one and only DUI)
June 2005 - convicted for DUI misdemeanor and started classes and finished all the requirements - fines etc by Oct/05
Mar 2007 - H1B visa expires
Feb 2007 - H1B notice renewed
July 30 2007 - Filed AOS filed (parole document, AOS etc, file) - receipt date : July,30/07
Aug 10, 2007 - Left to India
Aug 15- Applied for H-1B renewal at Chennai and mentioned to the officer abt the DUI; officer confirmed that single DUI in itself is not an inadmissable offence and as long as its just that, I should receive the visa but stated that I need to come back for fingerprinting next day which I did.
Aug 20 - passport sent back along with a letter asking me to do Psych test
Aug 30 - provided medical report to the consulate after meeting with the doctor. The doctor mentioned that everything seems to be in order and I should receive the visa in 10 days or so.
Sep 27- Letter received from consulate stating ineligible for visa under medical grounds
Currently - working with lawyers to determine the best course of action on how to proceed

I believe the Consular posts in India are denying visas based on a single DUI conviction of late. Unconfirmed rumours state that consular officers are denying cases regardless of doctor's recommendation. Obviously, according to this forum it appears that there are instances where individuals have been receiving the visas in the last few months but I'm not too sure whats going on here.

At this point, my options seem to be -
1 - request an advisory opinioin from the department of state (could take 2-16 weeks);
2- reapply for the visa along with all paper work and documents from lawyers regarding the rules, exceptions etc. and request them to approve visa (which may or may not work)
3- or request for a waiver of inadmissibility which I believe I need to get from the DOS but, the visa denial form should state that I can and eligible to apply for the waiver which my denial form does not state.
4- See if its possible to travel using the parole document (problem is, I was present in the country when it was applied for and received by the USCIS; I will not be in the country (US) when it gets approved) don't know if this would pose any problems at the POE. I still have not received the parole document yet but have been told that I may receive it next month or so.

Obviously, I did not know abt the issues before hand. It looks like if you had a dui arrest in the last 3 years, then you will be asked to do a medical test and the consulate may find you ineligible based on this report. Hope this will help those guys who are planning on applying for visa in India (don't mean to scare you but giving you my experience). Safe bet is apply for the visa renewal after 3 years

Does anyone have any suggestions and also, do you know of any good lawyers who I can get a second opinion and also, use them to represent me ?

You can email me at swooshie02@yahoo.com or post on this forum.


How did the doctor tell you that you will receive the VISA in 10 days or so? I would imagine that they are not supposed to disclose the medical results to the applicants and the results are sealed. Were you able to see your results? Only the consular official should be able to tell if you are granted a VISA once he/she goes through the medical report.

What did the 'Psych test' include? I hope one of the options you mentioned works out for you.
 
sosbudhha

Thanks a lot for your reply. Can you tell me what your court disposition says? Mine says that license suspension for refusing a chemical test for intoxication is vacated. I am not sure if this will prompt the visa officer to order a physician evaluation or not. I am really confused. Also what state were you charged? Do you know if your arrest details were shared with the FBI?
 
Similar Situation.

I am in a similar situation.
Got DUI in 2004 .. it is more than 3 yrs now, I have to go for H1 Stamping to India, the rule says that if a person has a single DUI in the past 3 yrs then the physicians tests are required.
Any one know if this is in fact implemented or do the VO ask every one to go for the test?
Any one know of any case where a person who had a DUI more than 3 years ago did not have to go for the Physicians test?

I will update my experience once I am done. But please help with info.

thanks
 
sosbudhha

Thanks a lot for your reply. Can you tell me what your court disposition says? Mine says that license suspension for refusing a chemical test for intoxication is vacated. I am not sure if this will prompt the visa officer to order a physician evaluation or not. I am really confused. Also what state were you charged? Do you know if your arrest details were shared with the FBI?

mine says....So and So...was found GUILTY of CARELESS DRIVING, and found NOT GUILTY of DUI 1ST. Thats it. My revocation of licence was rescinided, as I won the hearing, ..the cop never showed up for the same...got very little time...hope this helps...later..
 
Hi Guys:
I'm applying for H1-B visa stamp tomorrow (Nov.5th) at the Delhi Consulate. My backgound- I've a DUI conviction in MI from last year. I've a PhD. and currently working for a very big company. I think I have all the court documents. Wish me luck guys....

Regards,
dui_mi
 
Same boat

h1binmaking:

I am in exactly the same situation as you. DUI reduced to reckless. Only my reckless was a supervision so it was not a conviction. The case is completely closed. I served no jail time.

I am going to India in December and I am crazy nervous. Have you been able to fix up an appt yet. I paid the HDFC fee but I dont see dates available so was curious. I also plan to get the stamping done in Mumbai.

Do you know how long the panel physicians take and whether 3 weeks is enough time?

Thanks,
NA
 
NervAnx;

December dates have not been released as yet. I am too banking on three weeks to be enought for the entire process. Well, you will get the visa for sure, only the timing cannot be predicted. I plan to write to the consulate to see if the physician appointment can be fixed in advance.

Also, you might not need to do all this if you were not fingerprinted or if they were not shared with the FBI. See sosbuddha's post - he did not have to go thru the evaluation. Lets hope for the best.
 
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