DUI Folks ..Log your concerns here

Gautam's incident

Hi Gautam,

Great to hear that u got revalidated without Sec clearance hassles. Im subscribed to this thread, but somehow Im not getting any emails on new posts. Need to check that. But just now I read all the posts, Congratulations!! Im planning my trip during Aug at Chennai. But dont know whether I need to courier my documents to them before appearing for the interview? I did not see that anywhere on the Chennai's Consulate website. Does anyone know whether shud we courier docs b4 the interview? Also my passport also expires during Feb 2006, I sent it for renewal a week ago to San Fransisco Indian consulate.

But overall, u getting ur visa is a great relief news for everyone here!!

Thanks to everyone here! I'll need all your help when I go during August.
 
Got DWAI , some questions , please help.

Hi everyone,

I got a DWAI in colorado back in 2002, and as I undersand a DWAI does not exist as an offence in some states , and in some others it's just a traffic infraction.

Do I still need to answer YES on the form DS156?, it clearly says (traffic violations excluded). So what exactly is the definition of traffic violation?

And also has anyone who ever got a DUI answer NO to that question, and if so did they find out? and what where the consequences?

I am very worried about this and I appreciate any thoughts on this matter.

Thanks,
WorriedSick
 
221(g)

Hi,

I am also facing the 221(g) problem. My passport was damaged according to the consulate officer, the lamination was coming out from one place and I need to take a new passport.

Any comments and suggestions will be highly appreciated. I already read the experience of gautam_t, but could not find his email address or another person who faced the similar problem and could guide me accordingly.

Thanks

Dims
 
DUI and OPT

Hi all,

I had been arrested due to DWI or DUI (driving under influence) last year. But, owing to help from a lawyer of my university, i was prosecuted as reckless driving (not DUI) and the case was closed in April this year.

And, i got a job offer this month. And, i applied for OPT on June 15 2005. The job is scheduled to start Aug 29 2005. So, I should get EAD before the starting date.

But, I am worried that my arrest record will affect the OPT process so that the approval will be delayed.

Please tell me what I should do in order to avoid any disadvantage from my arrest record.

And, my employer told me that they would sponsor H1-B (premium service to expedite the process) if I cannot get the OPT approval by July 15 2005. I also want to know that my arrest record has an impact on H1-B process.

Please tell me if you know any thing related to this issue.

Thanks.
 
Skkcw...

SKKCW...

nothing will affect ur H1B1 process unless u have more than 1 DUIs....DUI can not make u inadmissible unless someone is injured in that incidence...

just dont lie abt any arrests to INS specially on DS 156 form... thats all u have to do....

IM me if u have any detailed questions..

G...
 
gautam

hey Gautam,

My wife and I are back from the US trip. It was just as you said, very smooth no questions asked and simply in and out. I guess a Neg Driving is a minor offense and doesn't impact immigration status.

do you think it must have wiped off the record by now, as its been over 5 years? What do you all think?

Jajabanks :)
 
DUI and Public Intoxication 2 misdemeanor charges

Hey guys

Anybody convicted of 2 or more misdemeanor charges had travelled outside united states and come back with Green card i.e Permanent Residency.

I am a permanent resident and few months back I got convicted for Public Intoxication i.e Drunk in Public. There was no probation,no fine. Judge just gave me 1 day already time served. I asked from arresting authority and also from court clerk and they said that it is not a reportable offense.


In month of June unfortunately I got busted with DUI and I blew .08. My case is still penidng and my attorney is pretty sure that the charge will get reduced to Wet reckless or some other lesser charge.My court date is in next week.

So I am going to get convicted of 2 misdemeanor charges .

I asked from lots of attorneys regarding deportability and inadmissibility and they said no I won't be having any problems in this.

But as you guys have experienced these kinds of situations what you guys think about me.

I need to go back to my home country but has a little scare of having some problems in coming back to USA.

If anybody has any experiences please let me know.

Thanks for your help.

Regards
 
PERM process gurus please IM me

I know this is the wrong section to post it...But I know people from this section only...cuz i had DUI and still got H1B1 stamped without any problem....AND... I have a totally different question about GC perm process, counting work experience, internal transfer within the company, or changing company in 5 th year H1...etc

So anyone on this DUI section who has helped me before, please send me an IM or email me ( not posting my real question here as I dont want to change the discussion topic abt DUI and H1)

Please....IM me to help me !!

Thanks,

G.....
 
If you are taking an Online appointment , after Answering YES to the Arrest Question in DS-156.
Do you have to attach the DUI related documents with other documents?
Or
Do you have to only carry them when you go for the appointment ?

Please let me know as i am going to Mumbai Consulate, where you need to fill all your documents in advance to get an appointment.

regards,
M...
 
DUI Trouble need help!!

hi! there

I have been a regular reader of this forum, but my situation is a little different, from the cases discussed.

I had my DUI arrest almost 2 months ago, but I have hired a very good DUI lawyer, and my case is still in process (not convicted as yet), even my drivers license has not been suspended. And my case for H-1 has been approved.
Now the problem is when should I go my visa stamping. I have read through the forum here that if I go to India for stamping it is gonna take 30-45 days and i can't take that risk, as my company wont give me that long vacation.

Now my question is, since my case is still in process and no conviction as yet, can I fill NO for the arrest/jail/conviction column in DS-156 and go to MEXICO/CANADA for stamping. That way i can get my stamping before I get the conviction, if i do. I have heard about a friends-friend who had a similar situation and he got his visa stamped from Mexico and filled NO in DS-156. But I am not sure if this right!
please respond with some advise!
Thanks
 
CG and DUI

Hello folks, need your opinion.
Recently got DUI + accident, no injuries, 1st offence (not convicted yet; hired good DUI lawer in Bay Area, CA).
Have GC for about 4 years. Should I start to worry about my GC? Could INS revoke my GC after I get convicted? If not, could I apply for citizenship, say, in 1-2 years? Are there any serious underwater stones could appear in my situation? Could INS deny my N-400 form, revoke my GC and start deportation process? For sure, I will have best immigration lawer to prepare all my papers.
Any feedback from you guys is welcome!
 
Calisto12 said:
Hello folks, need your opinion.
Recently got DUI + accident, no injuries, 1st offence (not convicted yet; hired good DUI lawer in Bay Area, CA).
Have GC for about 4 years. Should I start to worry about my GC? Could INS revoke my GC after I get convicted? If not, could I apply for citizenship, say, in 1-2 years? Are there any serious underwater stones could appear in my situation? Could INS deny my N-400 form, revoke my GC and start deportation process? For sure, I will have best immigration lawer to prepare all my papers.
Any feedback from you guys is welcome!
Click to expand...

Calisto,
Don't worry they won't take your GC away for a 1st offense DUI. I just got a NEW H-1 after getting arrested. I think the only real trouble comes in when you have more than 1 conviction and/or you live in a state where DUI is considered a felony, not a misdemeanor.

However, I did hear that a DUI slows down the citizenship process. Again it does NOT stop it, it just slows it down.

Rest easily at nights, and don't do it again :D
 
DUI in Canada

I am currently an engineering student in Canada with one impaired driving charge. I have a potential job in Texas in a specialized field (apparently this means my visa is somewhat different?). Lets say I get the job, I will need a work visa to start my job in May of next year. Do you think I will be able to get the work visa? If so, do you think there will be many problems? You can email me at jon_fraser@hotmail.com

Thanks for your help,
Jon
 
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H1B VISA experience for 221g refusal for arrest of Solicitation of Prostitution!

I would like to share H1B VISA experience for 221g refusal for arrest of Solicitation of Prostitution!

I was arrested in California for Disorderly Conduct solicitation of prostitution.The City and County of San Francisco has a special diversion program for first offenders in this situation whereby the individual pays a fine and attends a special class,and upon completion of these requirements, the charges were dismissed. I paid the fine and attended the required class. Accordingly, the charges against me were dropped. There was no subsequent court action and therefore no court record and no conviction in my case.

Disorderly Conduct is listed as under "Crimes committed against governmental authority which would not constitute moral turpitude for visa-issuance purposes."

The petty offense exception contained at Immigration and Nationality Act § 212(a)(2)(A)(ii)(II) requires that an offense have a maximum possible penalty of more than one year and that the actual sentence in the case be for a term of imprisonment in excess of 6 months. Thus, even if arrest gets considered a "conviction," the offense defined as Solicitation of Prostitution under California PenalCode § 647(b) qualifies for the petty offense exception contained in Immigration and Nationality Act §
212(a)(2)(A)(ii)(ll). The California Penal Code defines punishment for a misdemeanor offense as "punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both."

Even if arrest for disorderly conduct is construed as a conviction for a crime involving moral turpitude, one would remain admissible to the United States because offense qualifies for the petty offense exception.'

Thus you should show full police record to consular officer and you will remain
eligible for admission to the United States for offense less than (maximum possible penalty of more than one year and that the actual sentence in the case be for a term of imprisonment in excess of 6 months) !

Also do not lie to consular officer about your arrest or anything!

I received my visa once I showed my Full Police record and lawyer letter which indicates above things ! All the best :)
 
DUI Help Needed for my cousin-Please

Hi All,

My cousin lives in Chicago-IL. The other day he got a DUI( his BAC was 0.10) and it was his first offence. My cousin had one beer and asked his friend to drive and when cop caught them, his friend realized that he forgot his licence and they switched their positions. Cop noticed this and asked about switching and his friend explained what happened. But finally, Cop gave a DUI to my cousin and a traffic voilation to his friend.

He is on H1B and he is really worried about this. Cop told my cousin that he cooperated very well.

Can any one of you suggest an attorney in Chicago-IL and also suggest us any precautions that we should be taking. He doesnt have any prior voilations on his driving record. Also my cousin's court date is in December. He is going to India in November for two weeks. Whether he should be taking any precautions before leaving to india. will there any problem in entry.
Please give all your suggestions
Thank you very much
Kandy
 
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DUI and Rules of US-Visit

Hello all:

Basically I had a DWI 8 years ago in Houston. Now I have my I-140 approved and 485 pending. I need to travel outside the country for work. I was planning to use AP instead of getting my H1B stamped (I am in 9th yr of H1B extension) since getting H1B visa from India would require checks that would cause 45-60 days of delay in returning to US.

I recently read that with the new US-visit program, they will send you back to your country if they find a DWI record (pls see below). Is that true? I am very worried now since I was not able to travel outside the country since I didnt have AP and now that I have AP, I hear this. I would appreciate some feedback from you.

Thank you in advance,

Santosh

October 1, 2004
"VWP (Visa Waiver) Travelers: Subject to US VISIT (Sept. 30, 2004)
The Department of Homeland Security (DHS) has implemented the "U.S. Visitor and Immigrant Status Indication Technology (US VISIT)" system, which is the biometric identification for foreign nationals entering/departing the United States. This system requires from all foreign nationals a minimum of two biometric identifiers: digital photographs and digital fingerprints. The US VISIT system will access immigration information about an individual's past/present entry, departure, and stay, and access criminal history (such as DWI and shoplifting) and other information stored in the government's databases. Depending on the information, the foreign national will be refused entry into the United States.
 
port of entry

Hey everyone.

I read the thread, and wanted to adivce you all that as per the US immigration law, any crime with a sentence of less than one year, that is not considered (Crime of Moral..), does not affect your entry into the US. As far as a DUI in the first is concerned it shouldn't affect your port of entry.

Note: During your application process at the US Embassy in India or abroad, do just ensure you mention everything and check yes wherever relevant. In the event they want more details provide them. Once the Visa is issued then you are set to go.

I recommend you get on the US Immigration page and read the exclusions. Also for legal advice get in touch with an Immigration Lawyer.

Regards,
Rajeev
 
221 - G Please Help....

Guys,
I have been in the US for the last 6 years. I went there on B1/B2 - F1 - H1B. At present my 140 is approved and I - 485 is pending. I came to India to visit family and get my FIRST H1B stamp. I never came out of US all these years. I have an earlier Masters from the USA.

When I went to the Consular, he refused me the H1B on 221 - G grounds. He said we will contact the DC for more information on your case and get back to you in two weeks.

I am scheduled to fly with in 10 days and have ADvance Parole with me. My question is can I use my AD to tarvel since my I - 485 is pending in US. What if POE if they notice that I was refused H1B 10 days ago?

MAny thanks for your reply. Please help me with the insight and expereinces.

KK
 
Hi all,

I had DUI few months ago ,
But still not convicted yet. Hired a Lawyer.
Booked an appointment in mexico for my H1B in for december.
What should I answer for the question, Have you ever been arrested.....?
If there is no way that I can answer NO, then what should I do..?

Please help me.

Thankyou.
 
DUI + Accident

One freind of mine is stuck with DUI + Accident this Nov2005 and court date is Feb 2006. He needs to go to india in Jan 2006.

Should he declare arrest in the DS156 ? His licence is with him and no action is taken yet only tickets and court dates are given ?
Will it be problem to get visa when DUI + Accident no person injury ?
 
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