DUI Folks ..Log your concerns here

First of all I would like to thank everyone on this forum ( patnams..sdkumar..and lots and lots )......As per the general unwritten rule of this forum, I am going to share my H1-B1 visa stamping experience ( after DUI ) in Bombay although I do not believe it is going to help....because i was never asked anything abt it....so guys feel free to add any comments...that will surely help me at the port of entry...

Got my DUI in April 2003, came to India for H1-B1 stamping on a 10 week visit ( 4 week office work + 6 weeks of vacation ) landed in Bombay on March 5 th saturday and directly went to the US consulate for first interview on March 7 th, Monday....I had booked this appointment online and had sent all the required paperwork ( except the arrest and DUI papers )

got into the US consulate at 9 am...was checked by the guards at the gate...guys please read the material and bags that u can take and can not take inside the consulate...fortunately i did not have any problem....went inside....one employee asked me for my DS-156, DS 157, I797 I129 and additional questionnaire....gave that to her and she asked me to goto counter number 1 where everyone was getting fingerprinted...gave me a pink token....i went there...gave fingerprints of the two index fingers. Yo guys make sure to take care of those two bloody fingers ur fingerprints can get rejected if u have cuts or bruises on them. Ok so i gave the fingerprints and was given a number and was asked to be seated like everyone else. After 45 mins they announced that certain numbers ( any random picks ) should come to counter number 4.... so we formed a small line in front of counter 4. I was second last. was damn sure that they will ask me abt the arrest and ask me to come back to get fingerprinted. so i was least bothered although i took all material with me. NOTE that i had answered YES to that dreadful question 38 on DS 156 form. Do not lie abt it

this was my first interview:

Officer (lady): (while looking at my passport) U have this F1 visa stamped when did u come back to india

Me: I came back on March 5 th after almost 7 years..(my F1 started from august 1998)

Officer: So u did not come to india in those 7 years?

Me: Yes M'am...I finished my masters and then directly joined this company and they sent me here on business visit to India.

Officer: So u have been working with them for how many years?

Me: 4 years

Officer: Show me ur previous I797 and I129

I showed the papers to her.

Officer: (looking at my passport ) ur passport is damaged the lamination has come off in lots of places..moreover its valid only till february 2006....we can not stamp 3 years visa on this passport, u need to get a new passport

Me: ok

Officer: I dont have any problems issuing the visa but this passport is damaged and not machine readable...so come back with the new passport ...u wont have to take an appointment just come on any workday at 9.30 ( and then she gave me that white 221 G refusal papergiving reason as "OTHER" and wrote "NEW PASSPORT" in front of it....gave my passport, the white paper, questtionaiire, my bank draft in one yellow envelope.

She did not even talk the DS 156 question or asked me anything abt the arrest although I saw her going through the DS 156 form ( both pages ) I was kind of confused but remembered one incidence ( from web forums only ) where the candidate himself told the officer that he was arrested ...then the officer asked for what?...he said ...DUI....officer said OK and moved on to next questions related to his company...as if he was not bothered abt it...

But i did not say anything....just came out and then applied for a new passport expecting that i was gonna answer these questions in the next interview after getting my new passport...( .....believe me guys...if u r applying for new passport in Bombay...please do it from USA and do not even think of applying after coming here...)

second interview in next half....

G.....
 
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second half:

I applied for passport on March 17 th...that was the earliest date i got....and got the new passport in hand on April 20 th..

went to US consulate on April 21 st..did not have to take any appointment for this....went inside...there they asked me to fill in another DS 156 form as the passport number had changed....so i filled in new form and again answered YES to the arrest question....for the second time....the employee at the consulate asked me...were u fingerprinted last time when u came for the interview?...i said YES...he said ok then ...and he took the same papers again and wrote "fingerprinting done" "new passport"..."new DS 156" and something on that pink token...and gave the other half to me...and i was asked to be seated and wait for the number to be announced...

i sat there for 2 hrs....and was called to the same counter no 4...same lady officer who interviewed me last time ...this was my second interview:

Officer: So u got ur new passport?

Me: Yup ( and took out all the paperwork expecting a lengthy interview and questions abt arrest )

Officer: Ok...ur visa is granted...u'll get ur passport in few days by courier...

Me: ( kind of confused and was thinking abt what just happened )....thank u...hummm...do i need to pay the visa fees?

Officer: no ...u r all set...u will get it by courier...

Me: ( dazed and confused ! ): Thank u...bye.....

put all the material back in the bag and came out of the consulate....

Now...guys please share ur thoughts on this if possible....i dont know what happened...weather they missed the DS 156 answer twice? or the fingerprints did not match ( I do not remember if I was fingerprinted when i got the DUI )...or wether the officer was least bothered abt the DUI since it is a misdemenor and happened more than 2 years ago ( please check the interview incidence from the first part where the officer did not ask any questions even when the candidiate told him that he got DUI)...any comments or feedback is most welcome...

got the passport with the visa stamped on it in few days...got the first stamp with incorrect passport no on it ( F376 instead of F367)...gave it for correction...they made the same mistake on the second stamp...gave it for correction again...finally got the right visa on April 27 th....so now i have total 3 visa stamps....two with incorrect passport no and hence stamped "cancelled without prejudice" on it....and then the final third and correctone...

NOW, i have read from other blogs and forums that those of us who got DUI in USA have always got the visa stamped without any problem but the "ANNOTATION" column says : "Hit not exclusion" I am not sure if this is true...but have talked to someone who got DUI and have this type of annotation on that visa... mine doesnt say anything other than the company name...

regading my DUI and total sentence:

first DUI in MA is a misdemeanor...
1: 6 months of license suspension cuz i refused to take the BAC test..got the license back after 6 months
2: 365 minus 2 days of unsupervised probation where i didnt have to report back to the probation officer and did not have to come back even when the case was dismissed
3: 16 classes
4: $ 475 fine

in MA i got CWOF ( continued without finding sufficient facts) which is like...u r probation for almost one year and then if u get caught again in that period, ur court papers will say "guilty" and u might be given more senetence or ELSE the case will be dismissed and papers will say "case dismissed" mine says "case dismissed")



I am still worried abt the port of entry scene...but hopefully nothing bad will happen...thats all i can say and pray...

I am flying back on May 15 th ...will let u guys know abt what happened at the port of entry...

later guys...wish me luck for the port of entry...

G......
 
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Gautam: Experience

Hi everyone, as per the last few posts, i would like to share my experience. About 5 years ago while studying in Seattle, I got pulled over for DUI and then in court as my records were clean and my case bac was .1 they dropped my charges to a Negligent Driving with maximum penalty of 90 days, suspending all 90 days and a fine of US $ 250.

I paid up the fine and did all the required classes. Shortly after i left the US as i had completed my University. I now wanted to go back to the US for a vacation with my wife, and applied for a visa.

After reading these forums, i did exactly what everyone suggested, wrote a letter, organized my court documents with all the completion certificates and receipt stubs for the fines paid. I ticked yes on the DS 156 q-38 and went to the embassy prepared to explain.

To my surprise they didn't even ask me about the case, simply my purpose of going to the US and asked me to show financial statements. We then were approved.

Now i wonder if there may be any hassel at the port of entry. Do let me know what you all think?

Raj
 
to Jajabanks

Hi Jajabanks...

Thank God....I found atleast one person who had stamping experience similar to mine.....they never even mention it in my interviews although i had answered YES to ds156 question (twice)...

Yeah...I'll let u know what happens at the port of entry....hopefully everything will be fine cuz i have all the court papers with me....

when r u going to US?

G.....
 
Info needed...plz help

Heyy there!

I had a quick question for any of u who got a 221-g & got approved later (much later in most cases I guess)...Did they withold your passport after your first interview at the consulate? or did you have to hand it in only after ur visa got approved? I have to travel to China as part of my job when I go to India for my stamping....I was wondering if I could just make a quick trip frm India to china in the interim period between interviews...because I'm sure I'll get a 221-g as I have had an arrest in May 2004 though was not convicted

would really appreciate ur response!!

schizo.
 
221g

when u get 221 G...u will get one yellow envelope with following documents inside it:

1: ur passport
2: ur bank draft for 2600 RS
3: ur filled questionnaire
4: One white page indicating the reason why ur visa was denied ( the 221 G refusal)
5: ur original documents like I797, I129 etc

So I dont think they keep anything other than ur photocopies, DS156 and DS 157 form...so i believe u will get ur passport back if u get 221 G

Hope this helps...

G...
 
DUI Arrest - Will it affect my existing GC

Hello All,

I was recently arrested for DUI(first time offense), no one was hurt. BAC 0.11,0.10 and 0.09 respectively. The court proceedings have not started yet, I have hired a criminal defense lawyer in the mean time.
Eight months ago I became a Permanent resident (GC holder), living in CA.

Here are some of my questions:
1> How will this situation affect my chances of applying for citizenship 5 yrs down the road or renewal of GC 10 yrs down the road?
2> Does this trigger deportation?
3> How does this affect international travel? Its a given that I wont travel for the next two months when the case is going to be adjudicated

Your responses would be highly appreciated

Thanks
 
web appointment

Heyy guyz!!

I know this sounds ludicrous!! Did any of you get a web appointment the first time around? If u did, how come most of u had to carry ur forms/documents with u again? coz it seems one has to courier all the required documents for a web appointment beforehand....I was just curious how the darned web appointment thing works...

Any help in this regard would be appreciated..

Thanks,
schizo!
 
No problems mann!!

gautam_t said:
second half:

I applied for passport on March 17 th...that was the earliest date i got....and got the new passport in hand on April 20 th..

went to US consulate on April 21 st..did not have to take any appointment for this....went inside...there they asked me to fill in another DS 156 form as the passport number had changed....so i filled in new form and again answered YES to the arrest question....for the second time....the employee at the consulate asked me...were u fingerprinted last time when u came for the interview?...i said YES...he said ok then ...and he took the same papers again and wrote "fingerprinting done" "new passport"..."new DS 156" and something on that pink token...and gave the other half to me...and i was asked to be seated and wait for the number to be announced...

i sat there for 2 hrs....and was called to the same counter no 4...same lady officer who interviewed me last time ...this was my second interview:

Officer: So u got ur new passport?

Me: Yup ( and took out all the paperwork expecting a lengthy interview and questions abt arrest )

Officer: Ok...ur visa is granted...u'll get ur passport in few days by courier...

Me: ( kind of confused and was thinking abt what just happened )....thank u...hummm...do i need to pay the visa fees?

Officer: no ...u r all set...u will get it by courier...

Me: ( dazed and confused ! ): Thank u...bye.....

put all the material back in the bag and came out of the consulate....

Now...guys please share ur thoughts on this if possible....i dont know what happened...weather they missed the DS 156 answer twice? or the fingerprints did not match ( I do not remember if I was fingerprinted when i got the DUI )...or wether the officer was least bothered abt the DUI since it is a misdemenor and happened more than 2 years ago ( please check the interview incidence from the first part where the officer did not ask any questions even when the candidiate told him that he got DUI)...any comments or feedback is most welcome...

got the passport with the visa stamped on it in few days...got the first stamp with incorrect passport no on it ( F376 instead of F367)...gave it for correction...they made the same mistake on the second stamp...gave it for correction again...finally got the right visa on April 27 th....so now i have total 3 visa stamps....two with incorrect passport no and hence stamped "cancelled without prejudice" on it....and then the final third and correctone...

NOW, i have read from other blogs and forums that those of us who got DUI in USA have always got the visa stamped without any problem but the "ANNOTATION" column says : "Hit not exclusion" I am not sure if this is true...but have talked to someone who got DUI and have this type of annotation on that visa... mine doesnt say anything other than the company name...

regading my DUI and total sentence:

first DUI in MA is a misdemeanor...
1: 6 months of license suspension cuz i refused to take the BAC test..got the license back after 6 months
2: 365 minus 2 days of unsupervised probation where i didnt have to report back to the probation officer and did not have to come back even when the case was dismissed
3: 16 classes
4: $ 475 fine

in MA i got CWOF ( continued without finding sufficient facts) which is like...u r probation for almost one year and then if u get caught again in that period, ur court papers will say "guilty" and u might be given more senetence or ELSE the case will be dismissed and papers will say "case dismissed" mine says "case dismissed")



I am still worried abt the port of entry scene...but hopefully nothing bad will happen...thats all i can say and pray...

I am flying back on May 15 th ...will let u guys know abt what happened at the port of entry...

later guys...wish me luck for the port of entry...

G......
Click to expand...





U aint gonna have ne problems....coz I went back to India after my case and had no problems coming back (I've been on F1 all this while).....nothing popped up when I was fingerprinted at the port of entry (thank heavens for that coz I didn't have ne court papers or nething on me).....ur all set man!

schizo!
 
Gautam

Gautam,

Good luck buddy, sounds like you are excited to head back. My wife and I will be heading to NY on June 1st. Hopefully everything goes smoothly, but will take the documents just in case.

How about you which port you entering from?

Quick Answer to one of the questions i read: One of you mentioned having just hired a criminal attorney, after this entire experience my recommendation is hire Rajeev Khanna as he is a solid Immigration Attorney and knows the implications of immigration. That is a must buddy, otherwise look for someone with Immigration backgroud.

Regards,
raj
 
jajabanks....

i second ur recommendation....i also talked to Mr Rajeev Khanna before I left USA and he was of great help....

regarding my port of entry I'll be coming to Boston.....

schizo....thanks a lot for ur feedback....i hope everything works out pretty well.....anyway i am in india for too long now...almost 9 weeks...not cuz of the delay or anything but because of this DUI thing, i planned a total ...vacation of 10 weeks...just want to get back and plan other trips to europe...

ss1123...i can not comment on the citizenship filing...but as far as I have read on different forums, INS normally considers last 5 years period...but u should check it with ur immigration lawyer.....

G...
 
schizo...

regarding the online appointment...u are not sending any originals when u take the online appointment,.....first of all without online appointment....it will be very tough to get an appointment after going to india.....plan ur trip in such a way that when u land in india, ur online appointment date should be within first few days ( mine was the very next business day )....this gives a lot of time if they go for FBI fingerprinting check which normally takes 6 to 8 weeks....doing then check when u r in usa does not help to speed up the process cuz the US consulate does not accept the FBI documents submitted by u..( this is from the experience of one of the guys who did that while he was in usa )

when u take the appointment u have to send the photocopies of all the documents and when u go for the actual interview, u will have to show the originals....i know that photocpoying and sending all these documents almost one-two months before is big pain in the...u know where.....but atleast that helps u to plan ur trip accordingly....which is very impartant for the people like us who are sure to get 221 G refusal in the first attempt...i actually carried the exact copy ( in originals ) when i went for the interview....also do not send the papers related to 221 G in the beginning itself...carry the originals plus photocopeis with u and produce them only when they ask u to....

Hey ticonder.....thanx for the link dude....i am sorry few of ur IMs bounced back cuz my mailboz was full....

G.....
 
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port of entry

Hi Guys....

I am back in Boston....this is what happened at the port of entry...

I landed in Boston on Sunday afternoon. Had to wait for for one hour in the plane becase the entire immigration computer system was down....later on went to the immigration officer...he asked me which company I work for...and what do I do...then asked me why I went to India...and thats it...was fingerprinted and photographed just like everybody else..... no questions asked abt the accident... so overall, no one asked me anything abt my DUI or accident.....not at the us consulate in mumbai or even at the port of entry....

G...
 
gautam_t said:
Hi Guys....

I am back in Boston....this is what happened at the port of entry...

I landed in Boston on Sunday afternoon. Had to wait for for one hour in the plane becase the entire immigration computer system was down....later on went to the immigration officer...he asked me which company I work for...and what do I do...then asked me why I went to India...and thats it...was fingerprinted and photographed just like everybody else..... no questions asked abt the accident... so overall, no one asked me anything abt my DUI or accident.....not at the us consulate in mumbai or even at the port of entry....

G...
Click to expand...

Cool !!

Lesson from Gautam_T's experience: Nothing negative will happen because of a DUI (first, non-extreme, non-accident), BUT be prepared for everything (Legal/Case Documents, 2 months of stay in India etc)
 
H1 Revalidation at Chennai Consulate

Hello folks,

I got arrested for DUI Feb 2004, case was pleaded down to Wet/Reckless. Completed all necessary actions, and paid dues. Have plans to visit India during July and need to get H1 revalidated. Has anyone recently dun revalidation in India after such an incident? Any clue how long is it taking for the security clearance to pass at Chennai? And can anyone provide detailed info about what papers to take? Pls share what you know.

Thanks a lot in advance.
 
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