Hi guys, I've been reading this portal for the last few weeks, and wanted to give you guys my experience with DUI so far
Case update -
Feb 2005 - Stopped for DUI in CA (one and only DUI)
June 2005 - convicted for DUI misdemeanor and started classes and finished all the requirements - fines etc by Oct/05
Mar 2007 - H1B visa expires
Feb 2007 - H1B notice renewed
July 30 2007 - Filed AOS filed (parole document, AOS etc, file) - receipt date : July,30/07
Aug 10, 2007 - Left to India
Aug 15- Applied for H-1B renewal at Chennai and mentioned to the officer abt the DUI; officer confirmed that single DUI in itself is not an inadmissable offence and as long as its just that, I should receive the visa but stated that I need to come back for fingerprinting next day which I did.
Aug 20 - passport sent back along with a letter asking me to do Psych test
Aug 30 - provided medical report to the consulate after meeting with the doctor. The doctor mentioned that everything seems to be in order and I should receive the visa in 10 days or so.
Sep 27- Letter received from consulate stating ineligible for visa under medical grounds
Currently - working with lawyers to determine the best course of action on how to proceed
I believe the Consular posts in India are denying visas based on a single DUI conviction of late. Unconfirmed rumours state that consular officers are denying cases regardless of doctor's recommendation. Obviously, according to this forum it appears that there are instances where individuals have been receiving the visas in the last few months but I'm not too sure whats going on here.
At this point, my options seem to be -
1 - request an advisory opinioin from the department of state (could take 2-16 weeks);
2- reapply for the visa along with all paper work and documents from lawyers regarding the rules, exceptions etc. and request them to approve visa (which may or may not work)
3- or request for a waiver of inadmissibility which I believe I need to get from the DOS but, the visa denial form should state that I can and eligible to apply for the waiver which my denial form does not state.
4- See if its possible to travel using the parole document (problem is, I was present in the country when it was applied for and received by the USCIS; I will not be in the country (US) when it gets approved) don't know if this would pose any problems at the POE. I still have not received the parole document yet but have been told that I may receive it next month or so.
Obviously, I did not know abt the issues before hand. It looks like if you had a dui arrest in the last 3 years, then you will be asked to do a medical test and the consulate may find you ineligible based on this report. Hope this will help those guys who are planning on applying for visa in India (don't mean to scare you but giving you my experience). Safe bet is apply for the visa renewal after 3 years
Does anyone have any suggestions and also, do you know of any good lawyers who I can get a second opinion and also, use them to represent me ?
You can email me at
swooshie02@yahoo.com or post on this forum.
..anyways, a couple of us( as far as i am aware of) are planning on going to india for stamping in october. Please let us know about what to do and what not to..if possible, send everyone a detailed post, so that we can follow the do's and be weary of the Dont's. have fun man, im sure u must be...please help us out though...awaiting ur post..