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H1B stamping experience at Delhi with 1 DUI

Hi Folks:
I want to share my experiecne for my recent H1B stamping at Delhi Consulate. I was expecting to go down for fingerprinting as well Doctor's appointment as per the new rule. Here is the transcript:
VO: So how long have you worked at 'A'?
Me: About X year and Y months
VO: Where do you live in "State"?
Me: XYZ
VO: Where in XYZ?
Me: "narrated my address"
VO: Why are you in my system?
Me: Well I had a DUI last year and thats probably why I'm in your system.
VO: Were you involved in any accident?
Me: No No. I've all sorts of documents and if you want I can show it to you.
VO: Maybe I'll take a look at a few.
Me: I showed him Judgement of sentence and Register of actions etc. I also told him about Alcohol education class and Community service.
VO: Are these your originals?
Me: Yes
VO: Ok I'll make copies then.
Me: Sure.
VO: (takes out the Yellow form) Well we will need FPs of all your ten fingers just to confirm there is nothing else in there. The process takes about a week. Birng in DD for Rs 3400 any business day at 2pm.
I brought the DD the same day. Before an attendant explained the procedure to me. He said for finger printing, there are two types of cases:
1. If its only FP it will take 2-3 days and VO will keep the passport and return with the Visa.
2. If its FP + additional administrative processing, it may take upto 3-4 weeks.

I was hoping its case 1.

Waited for about 2 hrs before the VO got free and ready to take my FPs. At that time..

Attendant to VO: Sir, I didn't get time does this case need : "soso" ( something, didn't quite get it)
VO: It shoudn't.
VO took FPs of all my fingers staring from left thumb.
ME: whats going to happen now?
VO: Well if you say what you are ( ie the hit on his system because of my DUI) then we will issue you the Visa and courier you the passport. If not you will have to come in for itnerview again.
Me: Fantastic. Thanks.

I'm now waiting for my passport with the VIsa. Hopefully should arrive within the next week.

Will also post that once I finally get it.

I hope this helps.

Cheers-



dui_mi said:
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
Click to expand...
 
Please help....

Friends,

I have been convicted (pleady guilty) 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.

Following was was the charge against me:
Operating a vehicle endengering a person with BAC .21

Max incarceration for the above charge is 1yr and $6000

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 helpful 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, I need your urgent help with this.......thx....
 
Please help with this case!

Hello Everybody,

I have been reading a lot of posts on this forum and realize that most of you had positive experiences in getting your visa stamped/renewed. Here is a gist of my story

Date of Arrest: 8/12/2005
Charge: DWI 1st in Texas
Jailtime: 5 hours and fingerprinted
BAC: I think it was 0.12

Court Date: 8/17/2005
Charge dropped to: Obstruction to a Roadway
Pleaded: Guilty
Convicted for: Obstruction to a Roadway - Misdemeanor


Punishment
Victim Impact Panel
TAIP Evaluation
Driver Awareness Responsibility Training
80 hrs CSR
Fine of 600
Court Cost of 237
1 year deferred adjudication probation
DWI education class


Thus I was not convicted to DWI but I was arrested for it. They have my fingerprints. In fear of not getting my H-1 B stamped, I havent left USA.
However, I know that at some point of time I would have to do it.

- What do you think of my case? Any recommendations?
- Should I hire a lawyer?
- Can I go to Mexico because its like 5 hours from here to get my visa stamped?
- Should I go to India to get it stamped?
- The maximum vacation I can get is only 2 weeks! So I need to get my HW done before I do anything!
 
Last edited by a moderator:
Guys - has anyone been successful in getting visas in the recent past (since Aug/07) in spite of their DUI. If so, please share your experience. Has anyone from the Chennai consulate received the visa. It appears that there are lots of rejections on the Chennai consulate.
 
dui_mi

Thats great news. Hope you get your visa soon.

I am surprised that you were not referred to the physician panel evaluation.
I figured that was mandatory.

Anyways hope for the best. Do keep us posted.

Good luck.
 
swoosh02

How many rejections are you aware of? Might be rumours. VOs cannot refuse VISA if physician evalaution is favorable to the applicant.

Also, if your case has been denied, and if you have an immigration attorney representing you, the attorney can inquire with the consulate about the reasons for rejection. I am not a legal expert but I have done this once in the past when my B1 visa was rejected.

Good luck.
 
I heard that the Chennai has rejected 27 or so applicants so far. The psych report does not really have anything negative except for anxiety related issues. Everything else is fine /perfect (acc to the report) - No mental condition or phychotic behaviors present etc. Just anxiety regarding tests etc. Do not think this can be a cause for visa rejections since anxiety could be very much situational as well - visa applications, psych test, uncertainity regarding the test results etc.

Any thoughts ?

Again, guys, if anyone from the other consulates have received the visa, pls let me know. This could very well be an issue that the chennai consulate is facing due to the large no. of visa applications and also, they don't have a proper system in place for such cases. Its a very haphazard way of handling these cases.
 
Got my Visa!!

Hello FOLKS:
I got my Visa yesterday! This is the quickest processing of a DUI + H1B stamping as far as I know. Here is the timeline:
Nov5'th- Visa interview
Nov.5'th- Submitted Fingerprints for verification. VO retained my Passport.
Nov.6th- Waited....
Nov.7th: Visa issued and available for collection from the VFS office. Date of issue=6'th Nov on the VISA stamp. Also had an annotation remark:"No Ineligibility under section 212(A)".

Total time from the 1st interview to visa in hand = 72 hrs!
Bottom line(s):
1. Be confident. 1 DUI is never a problem
2. Make sure you say "YES" on the DS156 question.
3. When the HIT appears on VO's computer screen of your fingerprints- he does not know what is it for and will ask you.
4. Have all the court documents to show.
5. VO will subject you to FP check to verify the veracity of your statements.
6. If its only a DUI- VISA will be issued.

Not sure why I was not subject to medical examination. Maybe a lot of other factors.....

I hope this helps. Good luck to everyone.

Cheers-
dui_mi
dui_mi said:
Hi Folks:
I want to share my experiecne for my recent H1B stamping at Delhi Consulate. I was expecting to go down for fingerprinting as well Doctor's appointment as per the new rule. Here is the transcript:
VO: So how long have you worked at 'A'?
Me: About X year and Y months
VO: Where do you live in "State"?
Me: XYZ
VO: Where in XYZ?
Me: "narrated my address"
VO: Why are you in my system?
Me: Well I had a DUI last year and thats probably why I'm in your system.
VO: Were you involved in any accident?
Me: No No. I've all sorts of documents and if you want I can show it to you.
VO: Maybe I'll take a look at a few.
Me: I showed him Judgement of sentence and Register of actions etc. I also told him about Alcohol education class and Community service.
VO: Are these your originals?
Me: Yes
VO: Ok I'll make copies then.
Me: Sure.
VO: (takes out the Yellow form) Well we will need FPs of all your ten fingers just to confirm there is nothing else in there. The process takes about a week. Birng in DD for Rs 3400 any business day at 2pm.
I brought the DD the same day. Before an attendant explained the procedure to me. He said for finger printing, there are two types of cases:
1. If its only FP it will take 2-3 days and VO will keep the passport and return with the Visa.
2. If its FP + additional administrative processing, it may take upto 3-4 weeks.

I was hoping its case 1.

Waited for about 2 hrs before the VO got free and ready to take my FPs. At that time..

Attendant to VO: Sir, I didn't get time does this case need : "soso" ( something, didn't quite get it)
VO: It shoudn't.
VO took FPs of all my fingers staring from left thumb.
ME: whats going to happen now?
VO: Well if you say what you are ( ie the hit on his system because of my DUI) then we will issue you the Visa and courier you the passport. If not you will have to come in for itnerview again.
Me: Fantastic. Thanks.

I'm now waiting for my passport with the VIsa. Hopefully should arrive within the next week.

Will also post that once I finally get it.

I hope this helps.

Cheers-
Click to expand...
 
Total time from the 1st interview to visa in hand = 72 hrs!
Bottom line(s):
1. Be confident. 1 DUI is never a problem
2. Make sure you say "YES" on the DS156 question.
3. When the HIT appears on VO's computer screen of your fingerprints- he does not know what is it for and will ask you.
4. Have all the court documents to show.
5. VO will subject you to FP check to verify the veracity of your statements.
6. If its only a DUI- VISA will be issued.

Dui_MI,

Can you provide some details on the last point you mentioned above. I had a DUI with a small accident involved, but no injuries. Would that still be considered as a simple DUI?

Thanks.
 
Well, the VO did ask me if I was involved in any accident. But I don't think it should be any issue at all even if you are involved in an accident. Good luck.
 
Urgent info needed ---Please help with DUI

Friends,

I had a DUI this Sep, no injuries, no accident. Someone called the cops and informed that my vehicle is all over the road. My BAC came around .21

I was charge with

1) Operating a vehicle while intoxicated, endengering a person--Class A Mis
2) Operating a vehicle with BAC more than .15----Class A Mis
3) Public intoxication---Class C Mis.

I pleady guilty and the court gave me a sentence of a weekend in jail and 1 yr probation...

But my sentencing order says that I am charged with

OPERATING A VEHICLE WHILE INTOXICATED---CLASS A MIS

I got my visa (L1B) stamped on Feb 2007 valid till 2010 and this incident happended in the month of Sep 07.

Now, I need to travel back to India and come back to US in the month of March 08.

My questions which I request your suggestion are:

1) Can I travel back to US on the same visa ?
2) My BAC was .21 (will it be a problem at port) ?
3) Has anyone with this BAC travelled back and forth to India/US after they had their DUI Convictions?
4) What are the questions at Port of entry ?
5) Will I be deported back from the port of entry?

Please suggest me on this ..................thx....
 
Friends,

I had a DUI this Sep, no injuries, no accident. Someone called the cops and informed that my vehicle is all over the road. My BAC came around .21

I was charge with

1) Operating a vehicle while intoxicated, endengering a person--Class A Mis
2) Operating a vehicle with BAC more than .15----Class A Mis
3) Public intoxication---Class C Mis.

I pleady guilty and the court gave me a sentence of a weekend in jail and 1 yr probation...

But my sentencing order says that I am charged with

OPERATING A VEHICLE WHILE INTOXICATED---CLASS A MIS

I got my visa (L1B) stamped on Feb 2007 valid till 2010 and this incident happended in the month of Sep 07.

Now, I need to travel back to India and come back to US in the month of March 08.

My questions which I request your suggestion are:

1) Can I travel back to US on the same visa ?
2) My BAC was .21 (will it be a problem at port) ?
3) Has anyone with this BAC travelled back and forth to India/US after they had their DUI Convictions?
4) Has anyone with DUI Conviction travelled to US from India ?
5) What are the questions at Port of entry ?
6) Will I be deported back from the port of entry?

Please suggest me on this ..................thx....
 
Urgent info needed ---Please/Requesting help with DUI

Friends,

I had a DUI this Sep, no injuries, no accident. Someone called the cops and informed that my vehicle is all over the road. My BAC came around .21

I was charge with

1) Operating a vehicle while intoxicated, endengering a person--Class A Mis
2) Operating a vehicle with BAC more than .15----Class A Mis
3) Public intoxication---Class C Mis.

I pleady guilty and the court gave me a sentence of a weekend in jail and 1 yr probation...

But my sentencing order says that I am charged with

OPERATING A VEHICLE WHILE INTOXICATED---CLASS A MIS

I got my visa (L1B) stamped on Feb 2007 valid till 2010 and this incident happended in the month of Sep 07.

Now, I need to travel back to India and come back to US in the month of March 08.

My questions which I request your suggestion are:

1) Can I travel back to US on the same visa ?
2) My BAC was .21 (will it be a problem at port) ?
3) Has anyone with this BAC travelled back and forth to India/US after they had their DUI Convictions?
4) What are the questions at Port of entry ?
5) Will I be deported back from the port of entry?

I request you all to help me on this..................thx....
 
Hi All,
Finally I am back from India after getting my H1B visa stamped from the mumbai Consulate.
First of all thanks to everyone in this forum who helped me get all the information I needed to get my visa stamped after my DUI. Let me tell you my expirience.
I was caught on 3rd Dec 2006 in NJ and was given 3 tickets. DUI (BAC 0.11), Reckless Driving and Faliure to maitain Lanes. I hired a lawyer and was able to get 3months licence suspension and 12hrs of IDRC classes. Reckless and failure to maintain lanes were dropped.
After taking all the documents needed (Court disposition letter, police report etc), I went for my Visa interview (22nd Oct) in Mumbai. As soon as we entered we all were finger printed. Then I waited for my turn. Soon my name was called out and I went to the window announced. The VO was an american Lady.
Me: Good Morning Mam. How are you doing.
VO: Morning, I am fine what about yourself.
Me: I am fine too.
VO: So what do you plan to do in USA.
Me: I work for so and so company and will work as so and so.
VO: Were did you complete your MS from?
Me: XYZ univ.
VO: Ok, Mr. XYZ you got you Visa. Your Passport will arrive in the next 2 days.
Me. Thanks.

I was kind of surprised that she did not mention anything about the DUI. She was looking into the Computer screen all the time and I had "Yes" in the 156 form. So I was kind of confused. The got the passport the next day. I got back yesterday and was asked nothing at the port of entry too. So guess I was very very lucky.
Here is some of the Info I had gathered during the Whole stamping process:-

1) You CANNOT enter canada if you have a DUI conviction. Better travel to India rather than being stuck in some unknown country.
2) DONOT travel outside USA if your case if not completed. Wait for the verdict and complete your whole sentence.
3) Carry the following docs:
-Court disposition Letter (Talks about the sentence and your DUI ticket)
-Police record
- All the reciepts of the fines Paid
- You driving record (You will get it in the local DMV office)
- I had also got an NOC from the local police station ( Talks about any arrest you had in that county. The Idea is to show the VO you do not have any other arrests apart from the dui one)
4) you HAVE to say YES in the 156 form where it asks about the arrests.

I was plain lucky that the VO did not ask me anything about the arrest. But please do not assume that it will be the case all the time, so be prepared. Also PLEASE do not drink and drive ever again. It;s not worth all the emotional, mental and financial trouble it gives you. Also it's not worth endangering anyone's life.

Thanks and all the best to you all.
 
Congrats milindis!
Can you please tell us if you were fingerprinted at the time of the DUI? Do you know if your arrest details were shared with the FBI?
Thanks for your insights.
 
Nope. I was not finger printed during my DUI arrest. The only time I was, was during the Visa interview and then at the port of entry.

Thanks.
 
H1B Stamping Succesful.

Guys - First let me say thanks to this thread which was very useful and informational. I am reading this thread since 2006.

Want to share my H1B stamping experience that went through success in Vancouver. This has been a nightmare for me untill I got stamped.

In Brief - Charged with Negligent Driving, reckless driving, no BAC test. lawyer got the reckless driving dismissed. No jail time,paid fines and gone through victim panel and driving school. Court probation for an year. Got the case closed after an year. Got document from court that says case is now closed.
Had all the court documents, police report....etc etc...

On the appointment day.

Like everyone I had FP at another counter before the VO called me for interview.

VO: Called my number
Me: GM
VO: Very good morning. (cool guy.., not a american for sure...)
VO: Are you a contractor.
Me: Yes
VO: Where
Me: XYZ
VO: Cool.. Did you change your company?
Me: I said no
VO: Then started asking me about the case that happened in year yyyy and month mm
Me: Yes. I said i have gone through all the courses, showed all relevant documents and told case is now closed.
VO: hhmm Okay. But I still need to go through your case. (Very friendly.. )..It shouldnt be a problem But i have to study your case in detail.... I need to verify with state traffic rules and how it impacts immigration. Asked me to pay 85$ and told me to come back.
Me: went back with receipt.
VO: I will call you if I need any thing from you.(he was very nice.)
Me: What is that you may need from me.
VO: He said again.. it should not be a problem. Just go home now and come back tomorrow.
Me: Thank You Sir. Came back home.

VO: Called me after 3 hours. Said your VISA is approved come and collect it tomorrow.
Me: Thanks a Lotttt! (Great sign of relief.....)..

Went back next day and picked my passport.
==========================================================
Sincere Suggestions - Make sure you got all your case documents correct and with you. When you FP VO gets a hit against the FP that were provided when arrested. Say yes in DS 156. Never lie to consulate. Be cool and confident. Case has to be closed before you can go for stamping.

One last thing... Never Ever Drink and Drive....
 
isaq

Congrats!!! And thanks a lot for posting your experience. I am in a similat situation. MY DUI charge was reduced to reckless driving. Could you please answer some questions below-

1. Had you refused a breath test during the arrest? I had a breath test but my disposition says that I refused the breath test.

2. Did the VO study your police report? Did that say that this was an alcohol related arrest (since you were not referred to the panel physician)?

3. Do you think I can get a Canada visa with a reckless driving conviction?

Will really apprecie your reply.

Thanks
 
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