DUI Folks ..Log your concerns here
- Thread starter duidude
- Start date
First time DUI applying for first time F1 visa
Hi, I have been following this thread religiously since I have gotten my first DUI offense. First of all I would like to thank all the people who have shared their experiences, as I have learned a great deal of information. So some background information about me
1) I am an international student who's currently waiting for the I-20 from my school to apply for a F-1 visa for this fall term. I am a first time applicant and I hail from the city island which banned chewing gum.
2) My BAC level is not measured based on a percentage but it should be roughly 0.15, not more. A minor accident did occur: my car mounted a kerb and i hit a center divider, but no one was injured and no other cars were damaged.
3) I have not been convicted as of yet, but from where I come from it is impossible to mitigate against a DUI, and I should know the final results soon as the court hearing is scheduled in another 3 weeks. It is very unlikely that I will get a jail term, and I would most probably get a suspension of license for 2 years + a fine. There is also no probation sentence here.
4) From what i have gathered from this forum, I would be subjected to a medical review, both physical and mental, to determine if i am ineligible for a visa.
the burning question for me now is will a DUI affect my chances of getting a F1 student visa for the first time? or will the process be very similar to all of those people here who are pursuing revalidation, extensions, H1 etc... where if you pass the medical review then there is no grounds for the consulate to deny u a visa based on the DUI. Thank you all in advance, and any additional feedback is deeply appreciated.
Hi, I have been following this thread religiously since I have gotten my first DUI offense. First of all I would like to thank all the people who have shared their experiences, as I have learned a great deal of information. So some background information about me
1) I am an international student who's currently waiting for the I-20 from my school to apply for a F-1 visa for this fall term. I am a first time applicant and I hail from the city island which banned chewing gum.
2) My BAC level is not measured based on a percentage but it should be roughly 0.15, not more. A minor accident did occur: my car mounted a kerb and i hit a center divider, but no one was injured and no other cars were damaged.
3) I have not been convicted as of yet, but from where I come from it is impossible to mitigate against a DUI, and I should know the final results soon as the court hearing is scheduled in another 3 weeks. It is very unlikely that I will get a jail term, and I would most probably get a suspension of license for 2 years + a fine. There is also no probation sentence here.
4) From what i have gathered from this forum, I would be subjected to a medical review, both physical and mental, to determine if i am ineligible for a visa.
the burning question for me now is will a DUI affect my chances of getting a F1 student visa for the first time? or will the process be very similar to all of those people here who are pursuing revalidation, extensions, H1 etc... where if you pass the medical review then there is no grounds for the consulate to deny u a visa based on the DUI. Thank you all in advance, and any additional feedback is deeply appreciated.
Triple Citizen
Registered Users (C)
I love Muthu's Fish Head Curry!!!
With regards to your visa issue, a lot will depend on the eventual outcome of the case and most importantly, how the US Embassy in Singapore will interpret it. Your best bet is to mention the arrest and/or conviction on all the visa application forms and take it from there.
With regards to your visa issue, a lot will depend on the eventual outcome of the case and most importantly, how the US Embassy in Singapore will interpret it. Your best bet is to mention the arrest and/or conviction on all the visa application forms and take it from there.
Thank you very much for your feedback triplecitizen. Would i be right to say that all embassies would have to follow the June 07 cable that
"While a drunk driving conviction is not a statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether the applicant may in fact be ineligible under Section 212(a)(1)(A)(iii). . . NIV applicants that have hits with evidence of an alcohol-related arrest or conviction must be referred to panel physicians for evaluation. This must be done even if the panel physician is physically located in another city."
Is it also advisable to get a good immigration lawyer to consult on the possible implications of my case on the visa application?
"While a drunk driving conviction is not a statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether the applicant may in fact be ineligible under Section 212(a)(1)(A)(iii). . . NIV applicants that have hits with evidence of an alcohol-related arrest or conviction must be referred to panel physicians for evaluation. This must be done even if the panel physician is physically located in another city."
Is it also advisable to get a good immigration lawyer to consult on the possible implications of my case on the visa application?
jaiswal.sumant
Registered Users (C)
I am doing residency on J1 visa & I am currently in the final year of training. My training will be completed on June 30, 2011. Three months ago, I received a DUI first offense ticket. The officer charged me with DUI refusal & DUI. I hired a lawyer & DUI refusal charges were dropped. The DUI case is still pending & as per lawyer the case will go on for 6 to 8 months. My question is that how can this affect the j 1 visa waiver application & H1 B processing? Is there anything I can do proactively to be on the safe side.??
Please advise.. I am very worried to death since this happened.
Please advise.. I am very worried to death since this happened.
ironknight
New Member
DUI and visa extension
Thanks a lot folks for posting and having things consolidated thread for DUI and Visa related issues..
now my sad story begins here
My employer is processing my Green Card under Eb3 Category. I am on an L1 Visa which got renewed July 2010 and is valid till july 2012. ( yet to get it stamped ). I have been in US for 3 yrs and have been having a clean record until, I was convicted of first DUI with high BAC 0.175 at Ohio ( finger printed/ photographed ) on Sep 18th 2010 while my labour was in progress. My first pre trial happened and we got a deal for undergoing DIP and fines( No community service and no jail time ). We dint accept it and we are still trying to negotiate. I have a DUI lawyer working on my case and I am trying to reduce the charges to reckless driving. There was no damage/injury, it appears to be a misdemeanor, since it was a traffic violation (Stop signal jump ).
My Labour was applied in July 2010 and got approved on Sep 28th 2010. I have initiated by i140.
now I have to make a trip to India in the month of April and I have to get my visa stamped. My court hearing / trial is still under process and I pray that I get i140 and my court trial completed by then.
If my court hearing is'nt complete yet, can I still travel to India and get my visa stamped? If so what should I answer for the question on DS 156? My lawyer tells me that until the court case is complete, your record will not be submitted to NCI ( national criminal investigation agency ).
Now on top of this confusion my company wants to process Schengen visa.. to travel to Netherlands..
I am sure this question would pop up.. in their visa application as well.. Does any one have idea about processing visa for european countries after getting a DUI in US?
On the otherside, to other friends who are reading this thread, I would recommend you ppl not have the humiliation of drinking and driving. I have learnt it the hard way, and will be paying penalty for it, I dont know how long. It might sound like a thing which cannot happen to you, and when it happens u just realize how stupid were u to do it.
Regards,
AN
Thanks a lot folks for posting and having things consolidated thread for DUI and Visa related issues..
now my sad story begins here
My employer is processing my Green Card under Eb3 Category. I am on an L1 Visa which got renewed July 2010 and is valid till july 2012. ( yet to get it stamped ). I have been in US for 3 yrs and have been having a clean record until, I was convicted of first DUI with high BAC 0.175 at Ohio ( finger printed/ photographed ) on Sep 18th 2010 while my labour was in progress. My first pre trial happened and we got a deal for undergoing DIP and fines( No community service and no jail time ). We dint accept it and we are still trying to negotiate. I have a DUI lawyer working on my case and I am trying to reduce the charges to reckless driving. There was no damage/injury, it appears to be a misdemeanor, since it was a traffic violation (Stop signal jump ).
My Labour was applied in July 2010 and got approved on Sep 28th 2010. I have initiated by i140.
now I have to make a trip to India in the month of April and I have to get my visa stamped. My court hearing / trial is still under process and I pray that I get i140 and my court trial completed by then.
If my court hearing is'nt complete yet, can I still travel to India and get my visa stamped? If so what should I answer for the question on DS 156? My lawyer tells me that until the court case is complete, your record will not be submitted to NCI ( national criminal investigation agency ).
Now on top of this confusion my company wants to process Schengen visa.. to travel to Netherlands..
I am sure this question would pop up.. in their visa application as well.. Does any one have idea about processing visa for european countries after getting a DUI in US?
On the otherside, to other friends who are reading this thread, I would recommend you ppl not have the humiliation of drinking and driving. I have learnt it the hard way, and will be paying penalty for it, I dont know how long. It might sound like a thing which cannot happen to you, and when it happens u just realize how stupid were u to do it.
Regards,
AN
Hi All,
I got my 1st DUI in Michigan (BAC 0.14). It was my 1st offence with no prior tickets. No one was injured and I was caught for speeding and charged with OWI. I have hired an attorney and he is going to file some pre-trial motions questioning the stop and 15 minute observation period.
I was planning to leave for India in 3-4 months anyways to pursue other employment opportunities. I have a 4 year old GC.
Question:
1. Can I leave for India after case is settled and I am on a probation? Can the porbation officer allow me to leave for India for long term while on probation (or can they make it a non-reporting probation).
2. Prosecutor is offering a plea-bargain of OWVI (Visibly Impaired). should I take it and get over it?
I am willing to complete all community service & other classes and move to India asap after the case is sentenced.
Any thoughts
I got my 1st DUI in Michigan (BAC 0.14). It was my 1st offence with no prior tickets. No one was injured and I was caught for speeding and charged with OWI. I have hired an attorney and he is going to file some pre-trial motions questioning the stop and 15 minute observation period.
I was planning to leave for India in 3-4 months anyways to pursue other employment opportunities. I have a 4 year old GC.
Question:
1. Can I leave for India after case is settled and I am on a probation? Can the porbation officer allow me to leave for India for long term while on probation (or can they make it a non-reporting probation).
2. Prosecutor is offering a plea-bargain of OWVI (Visibly Impaired). should I take it and get over it?
I am willing to complete all community service & other classes and move to India asap after the case is sentenced.
Any thoughts
FirstDUIFirst
New Member
H1 Application after DUI
I got first DUI a month ago. My employer is going to apply for my H1 ... Do I have to inform my employer about my DUI ? Is there anything in the H1 application form that requires information like this ? Any help will be appreciated.
I got first DUI a month ago. My employer is going to apply for my H1 ... Do I have to inform my employer about my DUI ? Is there anything in the H1 application form that requires information like this ? Any help will be appreciated.
It has been a few years since I have filled a H1b application, but I doubt any thing has changed, I dont think there is any thing on the H1b application itself that asks you, there however is a question on your visa application that asks you if you have ever been arrested, also when you apply for your AOS (I 485) then you will have to inform the companies lawyer about the DUI.
FirstDUIFirst
New Member
Thanks for your reply .... appreciated ..... however your in your sentence "there however is a question on your visa application that asks you if you have ever been arrested" does this mean H1B stamping ?
My husband got a DUI in 2006 and did not get around to his classes due to work. he entered illegally but had here 8 yrs without incident. He got picked up for his dui warrant and i.c.e. grabbed him. unfortunately we had been fighting and I had went to stay with my aunt so i did not know he had been deported. Well now i want to bring him hoe but is his ! dui going to affect this???
Going for H1 stamping
Hi Guys,
So time has come finally. Going to India next month and will go for stamping in Mumbai.
Recap of my case:
got DUI in Oct 2008 in nj bac was 0.09
was not fingerprinted
conpleted all formalites and got court desposition letter
went to India in 2009 (not for stamping) . No issues at POE
got H1 extension in 2010 without any issues.
I will have to say YES to the arrested question. What are the documents I should carry? I read something about physician certificate and $85 receipt for FBI check. Can someone please shed a light and tell me
where shoud I get those from?
has anyone recently went for stamping?please share your experience.
thanks.
Hi Guys,
So time has come finally. Going to India next month and will go for stamping in Mumbai.
Recap of my case:
got DUI in Oct 2008 in nj bac was 0.09
was not fingerprinted
conpleted all formalites and got court desposition letter
went to India in 2009 (not for stamping) . No issues at POE
got H1 extension in 2010 without any issues.
I will have to say YES to the arrested question. What are the documents I should carry? I read something about physician certificate and $85 receipt for FBI check. Can someone please shed a light and tell me
where shoud I get those from?
has anyone recently went for stamping?please share your experience.
thanks.
2 DUI Applying for Citizenship
I have 2 DUIs
1st 2008 completed probation in 2009
2nd in 2011 just got convicted and will be done with 5 day sentence.
(I screwed up and and I am already paying for it other than in the legal sense)
Does anyone know if it is possible to apply for citizenship? if so, after how long?
Is there anything like immigration friendly states?
Any assistance is appreciated.
I have 2 DUIs
1st 2008 completed probation in 2009
2nd in 2011 just got convicted and will be done with 5 day sentence.
(I screwed up and and I am already paying for it other than in the legal sense)
Does anyone know if it is possible to apply for citizenship? if so, after how long?
Is there anything like immigration friendly states?
Any assistance is appreciated.
First OWI what kind of paper work
HI Friends,
I got First owi/dui in ,Wisconsin my BAC was 0.144 ,, I fed up with criminal attorneys I am decided to go to court and pill guilty, any suggestions please .
Ofter the court what kind of documents do i required for my future h1b stamping .
How to get the police report .
Thanks,
gotoguy
HI Friends,
I got First owi/dui in ,Wisconsin my BAC was 0.144 ,, I fed up with criminal attorneys I am decided to go to court and pill guilty, any suggestions please .
Ofter the court what kind of documents do i required for my future h1b stamping .
How to get the police report .
Thanks,
gotoguy
H1-B stamping with DUI
I got a DUI back in Feb of 2009 and subsequently the case was dismissed and I have a letter from the Records division stating that case has been dismissed and all the physical records have been destroyed as of April 2010. I am going for H1-B stamping in March of 2014. What are the chances of getting a 221 g and a medical evaluation. Per the 2007 DOS applicants with one DUI in the last three years had to go through Medical Eval, but now I checked another link which says any DUI arrest in five years will have to go through Medical Eval. It will be over 5 years of my arrest when I will be going for stamping, however the case has been dismissed as of 2010.
I am getting married to a green card holder in March in India. Worst come worst scenario if I get stuck in India, can she come and file for I-130 and wait for dates to be current.
Thanks in advance for all your help.
Never drink and drive
I got a DUI back in Feb of 2009 and subsequently the case was dismissed and I have a letter from the Records division stating that case has been dismissed and all the physical records have been destroyed as of April 2010. I am going for H1-B stamping in March of 2014. What are the chances of getting a 221 g and a medical evaluation. Per the 2007 DOS applicants with one DUI in the last three years had to go through Medical Eval, but now I checked another link which says any DUI arrest in five years will have to go through Medical Eval. It will be over 5 years of my arrest when I will be going for stamping, however the case has been dismissed as of 2010.
I am getting married to a green card holder in March in India. Worst come worst scenario if I get stuck in India, can she come and file for I-130 and wait for dates to be current.
Thanks in advance for all your help.
Never drink and drive
Last edited by a moderator:
Thanks for help
Thanks boomkap, will post here once I am done, going to Delhi for Interview on 2/24
Thanks boomkap, will post here once I am done, going to Delhi for Interview on 2/24
Has anyone h1 been revoked for dui from a long time ago. I have hearts folks h1s being revoked as pet the directive from state department. In 2016.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
Cam green caRd holder have issues. Mine was in 2000 but fit my gv in 2011. Now I need to travel so I am a little scared