DUI Folks ..Log your concerns here

H-1B Stamping with DUI: Which consulate?

I have a DUI from July 2007, and will be going for an H-1B visa stamping in India in a month. Since I am resident in the US, I can apply at any of the 4 consulates. I have seen reports of successful H-1B visas being granted after a DUI post the new panel physician requirements in Delhi, and of problems with Chennai. Anyone have any experience of Mumbai or Kolkata. I will be working in our Mumbai office during this time, and my parents live in Kolkata. So those are the two easiest consulates for me to apply at, but it would be good to know any previous experiences with a DUI (post panel physician requirements) in Mumbai or Kolkata. Please post.
 
H-1B Stamping with DUI in Kolkata

Following up on my previous post, I would specifically like to hear of any experiences in Kolkata. Appears Mumbai won't accept my visa application. Has anyone with a DUI got a successful H-1B visa stamping in Kolkata, especially after the Jun 2007 consular cable requiring panel physician tests? I would love to get any advice, as this could affect whether I even attempt to get a visa stamping, or stay in the US until the 3 yr period is over.
 
DUI in NJ

Hello,

First of all, i would like to thank everyone for this tremendous thread. Indeed it is quite useful. Thanks!
Now here is my story-
Presently on H1-B stamped which expires on 9/2010.
1. got 3 tickets- DWI, refusal to submitt, careless driving in NJ last week.
2. Hired a attorney and my first court date is 9/11/08
3. First DUI offence, no one injured. Clean past record
4. My employer is filing I140 soon as my labor got approved
5. According to my attorney- "Unlike other states, New Jersey does not use the terms felony and misdemeanor. A DWI is a motor vehicle charge and is considered a quasi-ciminal charge."


Now, what I understand reading this thread is and correct me if i am wrong
A) there should not be any problems in H1 extensions.

Here are my concerns:
a) What are the supporting documents required when i travel outside from US and come back?
b) What are the docs. reqd. pertaining to my I485 filing? I know I would be selecting 'YES' in the form for the option -any arrest, criminal record
c) Since the DUI/ DWI in NJ is considered a traffic violation crime and not a criminal offence, the record doesnt go to criminal database but they reflect on the motorist vehicle databse. So, what is the anwer to the famous question on I485 - "Been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?: Is it YES?
Going through the thread's history, i reckon these would help but let me know if i miss anything
1) Certified copies of charges filed(DA's case)
2) Certified court disposition..
3) Police report.. court may not have it. DA's office keep it only for an year or 2 from the court case .. after that they shred it. You will have to talk to police station to get this doc if DA's office does not have it..
4) Court reporter's document which record the conversation between judge and the party(You or your attorney)
5) Where do I request the above copies from?


I just want to make sure that I don't miss anything from start when my I485 and green card processing starts.

Thanks a lot everyone!

Vineet
 
Last edited by a moderator:
Guys, Below is my experience for H1B stamping with 1 DUI offense. I got busted for DUI in August 2007. Being my first & only offense, was ordered to perform driving school, alcohol classes etc. I received my DUI in PA & was fingerprinted for the same. I had to travel to Australia in Aug 2008 for business. I decided to carry all my papers with me for H1B stamping. This is how it went:
Arrived @ Sydney Consulate @ 10 am
Gave my fingerprints & the officer immediately looked @ me strangely.
Took a token & sat down for 2 minutes.
Was immediately called to a window. 1st question officer asked me: Have you ever been arrested in the U.S?
Me: Yes for DUI in August 2007. No convictions, all charges dropped provided I completed driving & alcohol classes. (which I did)
Officer: Ok. I will confirm that you have no other arrest records with Washington & get back to you.
Me: Thank you
That same night, got an email from Sydney Consulate. It was a 221g: requiring me to undergo a phyisician panel evaluation.
Next Morning I went to the doctor, he did a medical examination, asked me 2-3 questions & told me that is. Entire evaluation was over in 20 minutes.
Within 3 business, got my passport stamped with my H1B Visa in the mail.
 
Does DMV related case affects H1 stamping?

Hi All

I see that there are a lot of helpful people who have posted their experiences/ suggestions on this forum pertaining to DWI cases and related immigration issues / precautions once should consider:

I'm also stuck in a similar situation due to a "Reckless Operation" charge in New Hampshire state. I'm a resident of MA and have the licence issued from MA.

I'm currently working in US on a L1B visa and have also got a H1B approved. However, I haven't filed for my status change as of now. Unfortunately, I was arrested by the NH state cops for a DMV charge of "Reckless Operation". My arraingment date is in Oct-08; however when I contacted few DMV lawyers, they mentioned they will file for a "Trial Date" which will be only possible around "Feb-09 or Mar-09".

From the DMV charge perspective, I understand that following are the implications I may be entered into if I'm held guilty:

1. Fine of minimum 500 USD to a max of 1000 USD.
2. 60 days of license suspension.

As far as I understand from the lawyer, NH does not call for any kind of jail for first offense. The lawyer also mentioned that this is not considered to be a criminal act and is rather considered to be a DMV violation. However, the lawyer wasn't much sure of the immigration implications it may involve.

As mentioned above, my case is yet to be taken up in the court [In order to decide whether I'm guilty or not].

My queries:

1. Does this reflect on my records for immigration?
2. Does this by any chance affect my H1 status change or stamping?
3. I'm planning to visit my family in India this year and probably the case will not be solved/closed by then. Would it make anything worse if I travel outside of US versus getting my status change in US and not travelling for certain period?
4. If I have to travel, what documents do I need to carry with me so that I can present to the embassy. As of now, I just have a paper which details the "Arraingment date" that the cop provided me when he got me bailed.
5. Does this reflect on the enquiries performed by the new potential employers?
6. The bailing officer has informed me that as a part of bail bond, I've to inform NH state court of any address change before my arranignment date [Which is in October-08]. If my lawyer gets a trail date around [Mar-09]; does it mean that I will be binded with that clause of informing my address change until Mar-09.

Any help/inputs on this will be highly appreciated.


I'm really tense and require urgent help of this group.

Thanks in advance.
 
Does DMV related case affects H1 stamping?

Hi Ppl,

Please respond to my queries with your inputs. Any help will be highly appreciated.
 
Hi Guys,
I have decided to go to India from Nov 1 to Nov 24, 2008. I got a deferred statement from court on a DUI in Dec 06 (first time, no accident or injury). I have my judgment and sentencing document, documents from probation officer and driving record (All Certified). I need to plan on booking an appointment for a visa (H1B).
As with "risto", I would like to know which consulate to go to? I live in Hyd.

Any suggestions would be helpful.
 
California DUI

I was put on probation for 1 year and my probation will be done in April 2009. My question is: I want to travel to South America at the end of 2009. By then my probation will be over and my case will be dismissed. Will I have any trouble at the point of entry? I know that a DUI in Mass is a misdemeanor and it stays on your record for ever.:)
========================================================
Andrew William

California DUI
 
Exclusion or Removal from USA

If the U.S. INS desires to have an alien removed from the United States of aliens in either deportation or exclusion proceedings, has been removed. Exclusion of removal from USA removed from USA for F-1 Visa Violation.
========================
Peter
california dui
 
Sosbuddha here again...PERM Initiation by Employer

Hi all,,

Is anyone in a similar situation as myself? Please read on....

I was pulled over in 2006 for DUI 1 st, but later at the end of the whole ordeal, I ended up being found guilty of careless driving and not guilty of DWI 1ST. I had to visit India last year, in Oct and did get my visa stamping done at Chennai. This was after the new rule ( panel physicians) was in. All's good...I had given a detailed experience report of sorts in 'DUI FOLKS, LOG UR CONCERNS HERE' Thread....

Now, my company lawyers are planning on filing for my PERM and have sent me a questionnaire...which basicaly has the same dreadful question that appears in i-485, concerning arrests...etc...While I was reading these posts, I saw your note and looks like you were in a similar situation. Did you tell your company lawyers abt it? I mean, When I went for H1-B stamping, I did say Yes on the DS156, and I know there is no way of lying on the application for GC...But I was curious and wanted to know as to how your company lawyers reacted when you either told them/or filled up a questionnaire similar to what I am being asked to now. Could you please, when you get a chance to, pen down your experiences? I would really appreciate it.

To summarize, I was arrested and charged for DWI 1st, but at the end of the day, my case disposition reads 'not guilty' of DWI 1ST, Guilty of careless driving ( 3 point infraction in New Mexico)

Appreciate your response.

Thanks.
Sosbuddha
 
Could someone please help...I need advice asap...

sosbuddha said:
Hi all,,

Is anyone in a similar situation as myself? Please read on....

I was pulled over in 2006 for DUI 1 st, but later at the end of the whole ordeal, I ended up being found guilty of careless driving and not guilty of DWI 1ST. I had to visit India last year, in Oct and did get my visa stamping done at Chennai. This was after the new rule ( panel physicians) was in. All's good...I had given a detailed experience report of sorts in 'DUI FOLKS, LOG UR CONCERNS HERE' Thread....

Now, my company lawyers are planning on filing for my PERM and have sent me a questionnaire...which basicaly has the same dreadful question that appears in i-485, concerning arrests...etc...While I was reading these posts, I saw your note and looks like you were in a similar situation. Did you tell your company lawyers abt it? I mean, When I went for H1-B stamping, I did say Yes on the DS156, and I know there is no way of lying on the application for GC...But I was curious and wanted to know as to how your company lawyers reacted when you either told them/or filled up a questionnaire similar to what I am being asked to now. Could you please, when you get a chance to, pen down your experiences? I would really appreciate it.

To summarize, I was arrested and charged for DWI 1st, but at the end of the day, my case disposition reads 'not guilty' of DWI 1ST, Guilty of careless driving ( 3 point infraction in New Mexico)

Appreciate your response.

Thanks.
Sosbuddha
Click to expand...

Could some of the senior members of this grp advice. I am pretty sure all folks who wd have had an arrest, got their H1-B's and later moved on to ge their GC's wd have faced this dilema. Please help, someone,

Thanks.

Sosbuddha
 
sosbuddha said:
Could some of the senior members of this grp advice. I am pretty sure all folks who wd have had an arrest, got their H1-B's and later moved on to ge their GC's wd have faced this dilema. Please help, someone,

Thanks.

Sosbuddha
Click to expand...


Is there anyone who can please suggest with regards to my question? Please, need some suggestions, fast.

Thanks.

Sosbuddha
 
DUI and Driving without privileges

DUI in 2007, got license suspended. The next offence was driving without privileges which resulted in suspension of license for another 6 months. The DMV has reinstated my license again and I have taken care of all the formalities including the community service and fines.

Few Questions:
1) My H1B is set to expire in 2009 december, and will need to get it revlidated for the 2nd 3 year time period, will there be any problems due to the DUI and DWP.
2) I plan on going to India for an important family event, what is the recommended course of action considering the above case. Should I wait till the three year mark before leaving the country to get my H1B Stamped. Is there any recommended law firm/lawyer that would provide a good consultation for this case?

Any help wouldbe greatly appreciated. Thank You
 
Port of Entry experiences with DUI

Now that I have my H-1B stamped here in India, I'll be returning to the US later this month after finishing some work here. This will be the first time I'll be entering the US after my DUI in 2007. A few questions:

- What experiences have people had at the POE? I've heard some people were never asked anything, some were questioned by the officer and then let in, some were sent to secondary inspection, questioned and then let in. Has anyone with a single DUI either a) been let in but asked to show up for a deferred inspection later?; b) been refused entry and sent back?

- What paperwork have people carried at the port of entry?

-Has anyone traveled into the US multiple times after a DUI? Are we put through the same hassles every time, or, after being allowed to enter the first time, is it smoother sailing on subsequent entries? Is there any way to have the officer enter something into the database the first time so that we are not put through additional questioning on subsequent entries?

- Have people heard about CBP (Customers and Border Protection, the immigration officers who check credentials at the POE) at specific airports being more strict or relaxed about this sort of issue? I have heard, for example, that NY/NJ are more strict than Boston, and that LA is worse than San Francisco and other airports on the west coast, and probably the worst in the country.
 
DUI can be a CIMT if you have more than one. In some States, your 3rd. or 4th. is a felony. The case could be made that DUI could be a sign that you are a drug user or abuser and would be subject to removal. The government might also be able to take the position that a person caught driving after a DUI, might be on contempt of court or might have committed a crime of violence if injuries were involved.


wombat said:
As far as I know, there was a decision of the US Supreme Court decision back in 2004 that stated that DUI is not a crime of moral turpitude under the law of most states of the US. Therefore, as long as you have paid all the fines and completed your classes/probation you can receive your citizenship.
Click to expand...
 
risto said:
Now that I have my H-1B stamped here in India, I'll be returning to the US later this month after finishing some work here. This will be the first time I'll be entering the US after my DUI in 2007.
Click to expand...

risto, congratz on your successful stamping. Which consulate did you end up going to? can you give details about how things went.. Thanks.
 
I have posted here before, so I'll update with what has happened so far.

1st DUI arrest in NC.
Plead guilty, 1 year license suspension with limited driving privilege granted + 24 hours community service + 20 hours AA classes.

I'm an Indian citizen, but don't have much family there. My family resides in Oman. Is it safe to visit the US embassy in Oman for revalidating my visa, do you think? The only issue I have with going to India, from reading these posts is, I'd have to pay out of my pocket to live at either Delhi or Chennai JUST for the visa stamping purpose for as long as it takes and then provide a mailing address in the same state, so they can mail me back my passport and so on.

Shooting in the dark here, but might as well. :)
 
Texas DUI - FBI Check or Health Check-up

Hey Guys!!!

I came to U.S as a Student, completed Masters and now I am working / living in Houston, Texas.
I was arrested for DWI on January 04, 2008. I appointed a lawyer, but he made me plead guilty. So my case was closed on May 07, 2008 with $800 fine. I was not sentenced any jail or probation. I just paid fine.
The only thing was: I got my license suspended for one year. Anyways, I will get my license back in May 2009.
Last time I went to India was during August 2006. My last entry into U.S was as a student. My H1B started on October 01, 2007. I got a better offer and moved to another company on 31 Dec 2007. My latest I-797 will expire on 31 Dec 2010.
Now, between March 2009 and May 2009, I am planning to go to India to get married. So for me to come back to US, i need to get my H1-B stamped.
So my question here regarding H1B Stamping would be,
What documents I need from court?
How to get background check done while I am here in U.S? Will VO at consulate accept the report i show him?
Would VO at the US consulate still refer me to Panel Physician to get check-up, even after i cary FBI record.

One more important thing is, i got my Green Card PERM filed on October 12, 2008. Does this DWI conviction has anything to do with PERM. Any thing i need to be aware of in this regard.. pls advice me.


I would appreciate all your help.
 
Hi

I was arrested and charged with Aggravated - DWI in NY Sep./08 because BAC .21 First offence no injury or accident. I am charged with aggravated b/c of BAC > .18. My case is still open and next hearing is in Dec./08.

I am on J 2 Visa (sponsored by spouse), a Canadian Citizen, born in India.

My visa is to be renewed annually (June/09) as contract is renewed every year. The renewal is at the POE in Niagara.

I am concerned about my visa renewal and if I can travel to India while case is open. I might have to a panel physician b/c DWI will be < 3 yrs. My concern is that if it is CIMT? That can create majot visa issues.

Any advice will be greatly appreciated.

Thanks.
 
Possible unresolved DUI case and GC renewal

I have a biometric appointment in 3 weeks for Green Card renewal. 14 years ago I was arrested for my only DUI. Unfortunately I neglected to pay the fine on time, so the judge issued a warrant for my arrest. When I went to pay the fine, approx. 3 years after my conviction, the clerk told me I do not owe any money anymore and there is no warrant out for me anymore. She believed for some reason I dropped off their computer system. She even told me to go ahead and get a new driver's license because there was no hold on my driving priveledge anymore. My question is will I be in trouble if the arrest disposition which I will get in about 3 days from the court still shows an unpaid fine and past warrant? I appreciate your answer very much.
 
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