DUI Folks ..Log your concerns here

Arrested and AND CASE WAS DISMISSED. California Police Department later issued a letter referencing California Penal Code (PC 849.1 and PC849.3) stating that "such arrest shall not be deemed an arrest, but a detention only"

http://law.onecle.com/california/penal/849.html

I am travelling abroad for H1 visa stamping and have to answer question on the DS forms. "were you arrested"? I have authentic certificate saying its not an arrest.

Am I safe in writing "NO"? Does police report even matter in this case since no complain was filed by them?
 
Dui

I have read all the threads. the only question i have is, does the process vary between consuls or countries? I am from south america and was wondering if the 3 to 4 weeks waiting for the visa stamp (without working) would apply to me. Could i do the FBI back ground check before travelling?

Thanks,
Carlos
 
I believe all the consular officers follow the common US INA (Immigration and Naturalization act) to grant or deny visa. But again we are at their mercy as no lawyer in USA can help when it comes to Consulate office overseas.

If you were arrested / convicted depending upon severity of the case you should plan for 4 to 7 weeks of vacation.

carlosjose said:
I have read all the threads. the only question i have is, does the process vary between consuls or countries? I am from south america and was wondering if the 3 to 4 weeks waiting for the visa stamp (without working) would apply to me. Could i do the FBI back ground check before travelling?

Thanks,
Carlos
 
FBI clearance

KAGC, coming back to Carlos's question. Do you know if it is possible to do an FBI clearance check before leaving. I am leaving for India to get my H1B stamped at the end of the month. I have a 3 week trip planned and am hoping that i will not be held back for the FBI check. incase you are wondering, I was arrested and convicted of a DUI.
Any information would greatly help. This is a very tensed time for me as i have a good job here in the US. Do you know other people in a similar situation who were able to get the stamping done without any problems?
thanks a lot

kab_ayega_gc said:
I believe all the consular officers follow the common US INA (Immigration and Naturalization act) to grant or deny visa. But again we are at their mercy as no lawyer in USA can help when it comes to Consulate office overseas.

If you were arrested / convicted depending upon severity of the case you should plan for 4 to 7 weeks of vacation.
 
Based on what I have read on this and Murthy forum about DUI, its not a CIMT so they can't deny your visa on the grounds of inadmissibility. I have also read that CO will not trust FBI finger prints you carry they do the check themselves. But people still carry it.

All you need to be prepared for is month or two long vacation. Yes you will find many members here that are similar situation as yours. Check this and Murthy forum out.

aballs said:
KAGC, coming back to Carlos's question. Do you know if it is possible to do an FBI clearance check before leaving. I am leaving for India to get my H1B stamped at the end of the month. I have a 3 week trip planned and am hoping that i will not be held back for the FBI check. incase you are wondering, I was arrested and convicted of a DUI.
Any information would greatly help. This is a very tensed time for me as i have a good job here in the US. Do you know other people in a similar situation who were able to get the stamping done without any problems?
thanks a lot
 
Reckless Operation

Hi everybody,
This forum is amazing. I learnt so much out of it. I have not seen any postings lately regarding DUI and H1B stamping. Anyways here's my case.

I am on H1-B now and have been working for my employer for the past 1.3 years.
I was arrested on feb 8 th 2006 for DUI and I plead not guilty and with the help of an attorney, got the charges down to Reckless operation.
The penalties were:
1. Driver licence suspended for 6 months, till aug 8th 2006.
2. On probation for one year, till Feb 8 2007. Needed to report to my
probation officer on a periodic basis.
3. Fine upto $300.00
4. 30 days sentence out of which 27 days were suspended and I was given the option of attending the Driver intervention program for 3 days at some hospital.

I attended the program, paid off the fines and got my licence back. I am still on probation though.


I am planning to go to India on jan 30 th and have booked my visa stamping appointment(first time) on feb 4 2007 at the chennai consulate.

My questions are:
1. Will my one year probation sentence impact my Visa stamping as SD kumar had pointed out in one of his earlier postings?
2. On feb 4 th I will still be on probation, will me attending the interview while on probation have an impact on my stamping?
3. I am also planning to get my finger prints done here from the USA and take it to the Consulate in India. Will this help? Do they even consider this?
4. On an overall point of view, how far will this Reckless operation offense affect my Visa and rentry into USA.

I am really confused and have been dreading about this. Folks never drink and drive...never. U have a nice career in your hands, dont screw it up like me and some of our other friends here did. I have regreted for this ever since I got arrested, but I am just scared that its too late for regrets..

Please help...any suggestions will be invaluable for me..
Thanks,
Nurens.
 
Nuren,
I am in similar situation as yours, I am charged with Negligent Driving. Is that mandatory that we get stamped only in India and shouldnt go to canada/mexico. I know for the guys with these charges are inadmissable to Canada, but what about Mexico.

I still have 6 months valid VISA, If I get the H1B extension approval without any problem, Can I go for VISA stamping well in advance so that i can re-enter US while my VISA stamping request is still under process in Consulate?

DUIDUDE, sdkumar please respond, I have seen your posts earlier and they are very helpful. Your response to the posts are priceless....
 
nurens said:
Hi everybody,
This forum is amazing. I learnt so much out of it. I have not seen any postings lately regarding DUI and H1B stamping. Anyways here's my case.

I am on H1-B now and have been working for my employer for the past 1.3 years.
I was arrested on feb 8 th 2006 for DUI and I plead not guilty and with the help of an attorney, got the charges down to Reckless operation.
The penalties were:
1. Driver licence suspended for 6 months, till aug 8th 2006.
2. On probation for one year, till Feb 8 2007. Needed to report to my
probation officer on a periodic basis.
3. Fine upto $300.00
4. 30 days sentence out of which 27 days were suspended and I was given the option of attending the Driver intervention program for 3 days at some hospital.

I attended the program, paid off the fines and got my licence back. I am still on probation though.


I am planning to go to India on jan 30 th and have booked my visa stamping appointment(first time) on feb 4 2007 at the chennai consulate.

My questions are:
1. Will my one year probation sentence impact my Visa stamping as SD kumar had pointed out in one of his earlier postings?
2. On feb 4 th I will still be on probation, will me attending the interview while on probation have an impact on my stamping?
3. I am also planning to get my finger prints done here from the USA and take it to the Consulate in India. Will this help? Do they even consider this?
4. On an overall point of view, how far will this Reckless operation offense affect my Visa and rentry into USA.

I am really confused and have been dreading about this. Folks never drink and drive...never. U have a nice career in your hands, dont screw it up like me and some of our other friends here did. I have regreted for this ever since I got arrested, but I am just scared that its too late for regrets..

Please help...any suggestions will be invaluable for me..
Thanks,
Nurens.
Couple of quick replies:

1) If you are on probation, you CANNOT leave the state without permission from the court or your Probation officer. Please do not make the mistake of thinking you can leave during probation.
2) The one year probation will not affect your visa status - AS LONG AS YOU ARE OUT OF PROBATION.
3) The counsulate will NOT accept fingerprints taken from the US by you. They will have you do it there electronically (it's not a 4-6 week wait now, only 4-6 days!). It costs INR 3910, USD 85. Make a Demand Draft for that amount and go to the consulate prepared.
4) The DUI should be a standard procedure for them. It won't affect your entry in the US. They will take your fingerprints and face scan at the port of entry like everyone else, and pass you through. They don't have time to scan the national database with your fingerprints!! :)

Please read my new thread in this forum by Simply.Baccarat. It will give you some idea what I went through for my stamping, which was 1 month back in New Delhi.

Good luck!
 
I'm posting this again in this thread since it has the most viewings.

********************************************************

Hi all, I just successfully had my H1B stamped in Delhi in December 06 with a previous DUI misdemeanor. I will share my experiences with everyone.

Per messages posted on this forum before, I took the appointment date about 4 months in advance, and subsequently started preparing the required paperwork. (History: in July 2005, I had first-time DUI misdemeanor; got convicted with 1 year probation, 3 days jail. I had paid all fines, done all classes, got my license re-instated, passed my probation time, etc.)

- I called up the court and requested *certified* copies of each and every document pertaining to my case. This included the court reporters document, conviction, clearance, jail time completed, classes completed, fines paid.
(the certified copies were a little expensive, but don't take a chance in requesting simply photocopies. Also, allow 4-6 weeks processing time.)

- I called up the DMV and requested *certified* copies of my license revocation and re-instatement. Just for kicks, I also requested a copy of my SR-22.

- I called up the correctional facility, and requested *certified* copies of time done and cleared.

- I spent lots of time praying!!

- I double-checked each document from the court conviction to make sure that I had receipts for fines paid, certificates for classes completed, license re-instatement notice, and time done.

On the day of the interview, the most important thing that I did was appear outwardly confident. I saw a lot of people getting hounded by the officers because they were stammering or shy. A confident smile seemed to go a long way in avoiding unnecessary questions!

Gave my forms and passport to the officer. He asked a few cursory questions like where I work, what I do, what does the company do, what do I plan to do in the future etc. Then he said, "my screen shows me that you had some trouble with the law. What was it?" I said I had a DUI misdemeanor. Then, ALL I SHOWED HIM were these documents -
1) the certified police report,
2) certified Judgement/Sentencing document,
3) receipts of all fines paid, jail time done, classes completed,
4) DMV re-instatement.

He took copies of these, and within 5 minutes returned back with a yellow sheet saying that I should come back for fingerprinting to the Embassy same day after 2 pm with a Demand Draft for Rs 3910 ($85). I went and got a DD, returned to the Embassy same day at 2 pm, and they took my fingerprints electronically. They said that the results would be back with 4-7 business days.

Sure enough, I got a text message within 4 days that my passport is ready for pickup and the visa has been issued! I chose to get my passport by courier the next day at home. Job DONE!

IMPORTANT CHANGES as of December 06:

1) Fingerprinting is now done electronically and does not require 4-6 weeks like before. I did not know this and took a 7 week vacation from work. But they have recently started electronic fingerprinting, and if you are what you say you are, the results and visa issuance is done within a week at max. They do retain your passport for that one week though, so don't plan on travelling.
2) There is no Rs 2400 visa issuance fee. They have done away with that.
3) You CANNOT leave the state if you are still under probation!! If the court is convinced that you need to leave the state for a specific period of time, they will give you a letter of permission. Please do not make the mistake of leaving the country during your probation time without written permission. this is a FELONY.

Port of entry: no questions whatsoever!

Good luck to everyone who has to go through this situation. Remember, DON'T EVER EVER EVER DRINK AND DRIVE!!!!
 
Please help me out with this terrible situation. I will be brief with my questions. Please bear with me.

Since May 2006 – I live in Connecticut but did not change the driver's license to connecticut and kept my NJ license.

October 2006 – received DUI and Refusal to submit breath test tickets on New Jersey driver’s license in New Jersey.

October 2006 to January 2007 – 4 court visits with lawyer and received this plea bargain…DUI charges will be dismissed and conviction of Refusal to submit breath test.

January 2007 – As per lawyer’s advice I went to Connecticut DMV and changed my driver’s license to Connecticut driver’s license and turned my NJ driver’s license in.

February 2007 – I will accept the plea bargain offered by judge.

My questions are as follow:-

1. I changed my driver’s license from New Jersey to Connecticut when my driving privileges were not suspended. My DUI charges are dismissed. Will refusal to submit breath test in NJ have any effect on my CT driver’s license?

2. Refusal to submit breath test is an implied consent violation. Can it be considered as crime including moral turpitude? There is no Jail time for this offense. I am asking because I am a permanent resident (green card holder) and have applied for US citizenship.

3. During my license suspension in NJ, can I go out of the country and re-enter without any trouble? There is 7 months license suspension in NJ with no jail time. There is no Jail sentence for this crime at all.

Your replies and help will be much appreciated
 
Hello all,

I am also facing some DUI issues in relation to my H-1 visa and am looking for some guidance on the matter. I came to the US in 2002 on an F-1 visa and graduated in the spring of 2006. I am currently working in Los Angeles on my EAD card which expires in June 2007.

In Feb 2007, i was arrested for suspicion of DUI. I have hired an attorney to represent me in court and the case is still in progress. We pleaded not guilty at the arraignment and have a couple more court dates coming up in the next month or so.

The issue is that the firm I work for will be applying for my H1B in April 2007 once the application window opens and I wanted to know if the potential DUI will have an impact on my getting approved for the H1. Also (if I do get approved), because my EAD runs out in June 2007 and the H1 wouldn't kick in until October, there is a chance i may have to leave the US for that interim period. I am guessing a DUI charge would pose some problems there as well?

Any advice you can give on how to best deal with this situation would be greatly appreciated. Many thanks.
 
Just got H1B Stamped in New Delhi

Have been following this forum and other matierial on the web regarding DWI and inadmissability. Bottomline, the law is the law and there is no luck or chance when it comes to rules surrounding inadmissability. Now to the facts of my case:
Was arrested in San Antonio, TX in Dec 2000 with a BAC of 0.16 (Thats twice the legal limit in TX). My sentence was $$ fine, 1 year probation & community service. I got rid of the community service by paying a donation to the Judge's designated charity. My H1B visa was valid until 2003. When my visa was about to expire I sent it to the Department of state (DOS) for revalidation. This was still when they had the revalidation program. Unfortunately, they do not have that anymore. The DOS was unable to revalidate my visa and sent my passport back with a stamp across my H1B visa saying "cancelled without prejudice". The reason they cited was that my application was not clearly approvable at this time and that I needed to apply overseas in my country of origin for the visa.
Last month it was finally time to take a trip to India. Did the usual stuff, scheduled my interview, carried the relevant papers for the H1B etc. In addition, I also carried my arrest records and court documents. I made sure that my interview date was as close to my arrival date as possible. This was to ensure that whatever processing needs to be done gets done as soon as possible.
Now to the day of the interview. I was surprised to see that the line at the Embassy was very short. Went past security, then to the window outside the embassy where they check your application. The guy asked me some routine questions and placed an orange smiley sticker on my passport.
The next thing was to check out the scene inside the Embassy. The first part of the process is to get your left and right index fingerprinted. There was a decent sized line for that. After that, it was time to interview with the consular officer. I noticed there were 2 lines. One for people with no smiley's and one with smiley's on their passport. The non-smiley line was long and the smiley line was extremely short.
Within minutes I was face to face with the consular officer. She was extremely nice and got right down to business. She just had routine questions regarding the DWI. Then she started flipping my passport to look for my earlier H1B visa. She found it and saw the "cancelled without prejudice". She asked me to produce the document that the DOS sent me when my revalidation was denied. Unfortunately I was not carrying that document. She asked me to get all my fingerprints taken and that they would be sent to the FBI for processing. Once they had the reply from the FBI, they would call me to come in for another interview. She also asked me to get a copy of the DOS refusal letter.
Apparently there is a fee for additional fingerprinting. I got a demand draft made and came back at 3PM the same day to get my fingerprints taken. They took all 10 of my fingerprints. They now send the fingerprints digitally to the FBI. Previously it used to be inking each finger and sending that to the FBI via snail mail. That's the reason it used to take 4-6 weeks before they heard back from the FBI.
After about a week, I got a call from the consulate asking me to come in for the second interview. I had to wait for the same officer to interview me. This time I produced the DOS refusal letter and my arrest records. She looked at it, made a few notes and then told me that my visa application was approved and that I would receive it by courier within a few days.
Few days later, my passport arrived bearing a new H1B visa stamp. The only thing out of the ordinary is an annotation that reads - "Hit does not create 212A Inadmissability".
 
DUI related matter

I have a couple of questions concerning a DUI related
issue. Last November 2006 (while visiting the USA
under a tourist visa) I was arrested in Los Angeles
while driving with my american drivers license (I used
to live in the USA and work there under an H1b visa,
that's why i have an american drivers license).
I went to court and with the attorney and we entered a
plea bargin. I was charged with reckless driving. i had a BAC of 0.1 -
Though I still was ordered by the court to complete a
number of things.
a) pay the necessary fine
b) 9 days of community service
c) attend a 3 months substance abuse program
d) attend a MADD lecture
e) 3 years probation

The court session was towards the end of december
2006.
after that I started to do part of my substance abuse
program and pay part of my fine. Since then I had to
leave the country in January because my tourist visa
was only valid for 3 months (making the last date
JAN.15.07). I was unable to complete all the necessary
things ordered by the court.

I am planning to return to LA to complete my community
service of 9 days and continue the substance abuse
program. - but this would entail me having to stay in
LA for another 3 months under a tourist visa.
I am currently in the process of moving and looking
for a new job. so going back to LA for 3 months
without being able to work there is slightly
troublesome.

Does anyone have any knowledge of recognized substance
abuse programs, that are equivalent and recognized to
those required by the state of california in this
case, that I can take abroad and have the court
acknowledge it? (In Europe/London, UK/
Zurich,Switzerland)
or any advice in general related to this matter?

(it seems that i was faced with a paradox of being a tourist but having to stay even though i could not stay. also that many of the people i spoke to about my case seemed somehow not to understand that I was not american and unable to stay longer in the country.)

any advice would be greatly appreciated. thank you.
 
FOLKS,

DUIDUDE is BACK..Lets maintain this thread actively to answer each others concerns.

Yours,
DUIDUDE

Current Status: Now on EAD, Waiting for 485 Approval, stuck in Visa retrogression.
 
my case is compliated.

Hi there I have been reading all the posts and find it very usful....

My case is more complicate, but I would like to share it with you guys.

Back at year 2002 in June, I got a DUI/DWI/failure to stay in one lane in Virginia. The court date was made on November 2002. During the time, I had to come back to my country in Thailand for some reasons. I was failure in court....

I made a big stupid mistake... and I always want to correct what I have done.

Now in year 2007, I have a chance to go back to US for trainning reasons. I check "YES" on the DS 156 form which said I was arrested before.

Now things go more complicate......

I don't have any documents in hand since it was 5 years ago. The Embassy requested a document to see the case. I called the court and got a phocopy of the tickets. I went to the Embassy again for second time.

One week later, I was wondering why I did not receive my passport. I emailed to Embassy.

The embassy said they need another certified document from the court to state what was the status of the case. I called the court again and got the letter with a signature.

I went to the Embassy for the third time and this time, things all mess up.
They said that the can issue my visa but I will have to be arrested. I will have to be in jail and I will have to appear in court. they are preparing the processes like I am a true criminal......

Now I begins to loose my job because of the delay;however, I will have to go no matter what.

My questions are:

Is it possible to avoid the arrest at the airport? i think this will hurt someone feeling. I would always be happy to appear in court but I am not sure it is mendatory to take me in jail.

any advise please.....
 
HI guys,

Please help, I have a situation here. I got a DUI and still under probation. I want to go to India and get my H1 stamping(from F1 status), but I was reading in the forums that I should say yes to question on DS-156 if I ever been arrested and If I do that I have to wait to get waiver from DC for 30 to 45 days. but I have to come back to US with in 45 days otherwise my probation officer will issue warrent against me. So my question is

What If I say No on DS-156, What are the chances of catching it.

or should i cancel my India trip. Will I have problem in future to get visa stamping.
Can I travel with my F1 Visa, its still valid.
I did my masters here and working for last 1 year for a company.

your answers are eagerly awaited.

Thanks
Ankur
 
DWI in nj. Need help

HI Guys,
I was arrested for a dwi offense in dec 2006. I have pleased not guilty and my case is still in process. I have my next court date set in May. Is it possible for me to go to india in the mean while and get my stamping done? Now that I hear that the finger printing process takes 1 week, can I go ahead and take this risk? (Earlier it used to take 4 weeks)
Also I have read in the forum about people who have completed the whole process of paying fines and completed the probation period (Hence they could produce the nessesary documents). What about people like me who have not been proved guilty as yet, are there any specific documents I could take from the court that will help me??
Please please advice.
Thanks.
 
HI guys,

Please help, I have a situation here. I got a DUI and still under probation. I want to go to India and get my H1 stamping(from F1 status), but I was reading in the forums that I should say yes to question on DS-156 if I ever been arrested and If I do that I have to wait to get waiver from DC for 30 to 45 days. but I have to come back to US with in 45 days otherwise my probation officer will issue warrent against me. So my question is

What If I say No on DS-156, What are the chances of catching it.

or should i cancel my India trip. Will I have problem in future to get visa stamping.
Can I travel with my F1 Visa, its still valid.
I did my masters here and working for last 1 year for a company.

your answers are eagerly awaited.

Thanks
Ankur
u cannot come to india when on probation...but after that u can and now the wait for clearance for h-1 stamping is no more 30-45 days..it is either done on the same day i.e if ur name doesnt show up on their hit list or it takes a max. of one week... it is generally not a problem...i got a stamping done in mumbai last month after a reckless driving...i answered yes to the question in ds-156, but no questions were asked and i got my h-1 stamped the same day. but u must answer YES or u can be in big trouble if they find out.
 
HI Guys,
I was arrested for a dwi offense in dec 2006. I have pleased not guilty and my case is still in process. I have my next court date set in May. Is it possible for me to go to india in the mean while and get my stamping done? Now that I hear that the finger printing process takes 1 week, can I go ahead and take this risk? (Earlier it used to take 4 weeks)
Also I have read in the forum about people who have completed the whole process of paying fines and completed the probation period (Hence they could produce the nessesary documents). What about people like me who have not been proved guilty as yet, are there any specific documents I could take from the court that will help me??
Please please advice.
Thanks.
u cannot travel till ur case is concluded
 
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