DUI Folks ..Log your concerns here

recent dwi

I recently got a dwi conviction in NJ with 210 day suspension starting December 2007. I am on my OPT right now that expires next year and my company will apply for my H1-B next year. I am guessing that I will need to go to the Chennai consulate for my first stamp. I've seen that most people on this forum have only talked about experiences renewing their H1-Bs as opposed to a first H1-B stamp. Is my case going to be more serious in terms of being approved?

What precautions do I need to take in terms of time off and documents that I need to have for the visa interview? since its not a criminal offense in NJ with no probation/jail time, does it make any difference? is the fact that I'm on OPT and just switching over to H1-B a bigger issue?

there was no accident, my careless/reckless..etc were all thrown out, so I just have the dwi offense. in terms of interview dates, how soon can I schedule them? I have almost a year but I'm really worried because I've not switched over my H1-B yet, I would want to plan ahead for my options.

Could someone please help me with my queries? thanks..........
 
duiguy_recent said:
risto,
thank you for your response. some of friends say that employers usually look for criminal records and are different from dmv records. if that's the case is dui a criminal offense? let me know. thanks again
Click to expand...


it varies from state to state whether it's a misdemeanor or a felony, but pretty sure it's always a criminal offense. employers do a background check with one of the private firms, many of which also pull dmv records.
 
Guys,

No information on this forum in sometime.

I am going for H1 B Visa interview at New Delhi in a week with a DUI Conviction. Any new updates/experiences?

Has anyone had any problems with their Visas at New Delhi lately?

Thanks.
 
Has anyone had any experience recently (in the past few months) with getting a visa stamped at the Kolkata consulate with a DUI?

gsingh1, please keep us posted on your experience. The only updates I have seen recently are: after many rejections, there is now streamlined guidelines to Chennai consulate to not automatically reject visas based on DUI's. Not sure if that is taking effect yet. Have seen several posts on other forums where applicants in Delhi and Mumbai have been asked to take blood / urine tests etc but were then given their visa. Is taking 3-4 weeks total, I believe.
 
recent h1b stamped

Folks,

I have a dui from 2004. Got H1 stamped in Dec, this was my third time going for h1 at Chennai after I received DUI in CA. I got the worst of it, the first time I went (took 2 and a half months). This time, I had crossed the 3 years (the new law for extra administrative processing at consulates for people who have an arrest record). If you have one dui, if you are over the 3 years limit (from date of conviction, you are fine. No admin processing.) If not, you'll get admin processing and it may take one to 2 months average or even more if you have bad luck! And, with 2 dui convictions, 3 year limit does not apply! Even if you cross 3 years, you'll have to undergo a physical evaluation!!!

Just wanted to share my experience.

Good luck to all you guys!
 
Hi SNV2004

Good to hear that.
I too have a DUI- incidednt happeend on 2005 october and convicted on jan 2006.
Is the 3 year limit from the date of arrest or from the date of conviction. i can plan my next trip based on that . I need to get my visa stamped in my next trip. Worst case I acn wait until feb 2009 for my next trip (when it will be 3yrs after conviction) right?Any advise will be aprpeciated.
Thanks much
 
Guys,

How do you go back and meet the consular officer once the physician panel evaluation is over? Do you take a new appointment? Can anyone who has had an experience before respond?

I am visiting New Delhi embassy and my experience is turning to be a little different than indicated by people. I dont have time right now but I will share my experience later.
 
H1 B Stamping New Delhi

gsingh1 said:
Guys,

How do you go back and meet the consular officer once the physician panel evaluation is over? Do you take a new appointment? Can anyone who has had an experience before respond?

I am visiting New Delhi embassy and my experience is turning to be a little different than indicated by people. I dont have time right now but I will share my experience later.
Click to expand...
========================================================


Here is my experience so far. Visa interview appointment date, February 5th, New Delhi.

As soon as I got inside the embassy, I was asked for the finger printing. Seems like everybody has to get it now. The counselor officer asked about the arrest, and then requested my court papers. After reviewing the court papers she informed me that a 'hit does not create inadmissibility', however, it does complicate the case. She asked me to get the physician panel evaluation, and once I have the results, I should submit my results, and passport at a window outside the embassy. When I had the results, I reached the window and told the clerk that I was informed to submit my results and passport with 1-797. He took the results but NOT my passport and I-797. I insisted that I was asked to submit the passport as well but he did not take it, he said that I will be contacted for further action.

My concern now is that 1) I was not asked to pay an additional $85 demand draft for finger printing. Is the fingerprinting I got when I got in suffice for the DUI check?

2) Is this the way people have been asked to submit the passport/i-797 after the physician panel check?
 
Hi

Helping a friend who got a Misdemeanor DUI in Feb 1994 - completed 2-year probation.

Obtained green card in 2001. Applied for naturalization in 2005 (He is married to US citizen). Got rejected given another Misdemeanor DUI conviction in October 2005. Completed 1 year probation in May 2007.

Is it too early to reapply for Naturalization now that 9 months have gone by since termination of probation in the 2005 DUI?

Thanks in advance for your advice...
 
gsingh1 said:
========================================================


Here is my experience so far. Visa interview appointment date, February 5th, New Delhi.

As soon as I got inside the embassy, I was asked for the finger printing. Seems like everybody has to get it now. The counselor officer asked about the arrest, and then requested my court papers. After reviewing the court papers she informed me that a 'hit does not create inadmissibility', however, it does complicate the case. She asked me to get the physician panel evaluation, and once I have the results, I should submit my results, and passport at a window outside the embassy. When I had the results, I reached the window and told the clerk that I was informed to submit my results and passport with 1-797. He took the results but NOT my passport and I-797. I insisted that I was asked to submit the passport as well but he did not take it, he said that I will be contacted for further action.

My concern now is that 1) I was not asked to pay an additional $85 demand draft for finger printing. Is the fingerprinting I got when I got in suffice for the DUI check?

2) Is this the way people have been asked to submit the passport/i-797 after the physician panel check?
Click to expand...

I had the same concern about the $85 demand draft not being requested by the U.S consulate in New Delhi when I declared that I had an arrest record on the DS-156 form. However, my H1-B was stamped successfully with a annotation : "Class Entry Nov 28- 2005 Reviewed, Does not Constitute ineligibality". This form had really helped me a lot to prepare for my H1-B application with an arrest record. I don't know why they didn't ask for the $85 demand draft for doing the FBI background check.
 
good news

skganji said:
I had the same concern about the $85 demand draft not being requested by the U.S consulate in New Delhi when I declared that I had an arrest record on the DS-156 form. However, my H1-B was stamped successfully with a annotation : "Class Entry Nov 28- 2005 Reviewed, Does not Constitute ineligibality". This form had really helped me a lot to prepare for my H1-B application with an arrest record. I don't know why they didn't ask for the $85 demand draft for doing the FBI background check.
Click to expand...


Thanks for the response. I finally got the Visa with the same annotation....this forum has been excellent.

Visa interview date: feb 5th 2008
Visa received: feb 28th 2008
 
Friends,
I had a DUI in April, 2007 in Michigan. I am still defending the case and the charges are most likely to drop to OWVI( Operating while Visually Impaired) not as severe as DUI/OWI but also misdemeanor. I am leaving to AMSTERDAM on 9th March, 2008 for bussiness. I have an appointment with the US consulate in Amsterdam on 11th March, 2008. Does any1 here had their stamping from Europe? I am taking relevant documents relating to the case and also FBI fingerprint background check record which could help to certain degree. In the worst case I will have to wait for a month or 45 days upon issue for FBI check? How are the consulate officials in Amsterdam? I kinda have a feeling that in Europe its a bit harsh. Any comments?
 
Traveling to UK/Europe/Japan/Aus with US DUI

Has anyone had any experience traveling to the UK/Europe/Japan/Australia etc with a US DUI? I know Canada doesn't let folks with DUI's in for about 5 yrs, but has anyone had a problem traveling to any of these other countries? Did you have to respond `yes' to any questions on their visa forms, or provide any documentation? Any responses much appreciated.




d_distressed said:
hello all

I just got a DUI sometime back and had a few questions regarding it. I am on F1 right now and planning a trip to UK in december 2006. One of the questions in the UK visa form is about any convictions in any of the countries? Should i answer yes or no to this question. Reading this forum suggests that one should not lie about his/her conviction while coming back to the US, but what if travelling to other countries. Are we supposed to say yes to these questions.........i mean do immigration offices at other countries check our background before granting VISA. Has anyone travelled to a different country with a DUI?.......what do we write in the conviction/arrests questions?

Please help..
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You have to show good moral character for naturalization, which includes 5 years of no misdemeanors, and no major felonies ever. Looks like he has to wait another four years or so

chk0ut said:
Hi

Helping a friend who got a Misdemeanor DUI in Feb 1994 - completed 2-year probation.

Obtained green card in 2001. Applied for naturalization in 2005 (He is married to US citizen). Got rejected given another Misdemeanor DUI conviction in October 2005. Completed 1 year probation in May 2007.

Is it too early to reapply for Naturalization now that 9 months have gone by since termination of probation in the 2005 DUI?

Thanks in advance for your advice...
Click to expand...
 
Kolkata consulate : H1 with DUI

While several experiences in Mumbai, Delhi and Chennai consulates have been posted, I haven't found any experiences of applying for an H1 stamping in Kolkata after a DUI. Especially after the new ruling about a panel physician evaluation in July 07. If anyone has had any such experiences, would greatly appreciate you posting here. Thanks,
 
gsingh1 said:
Thanks for the response. I finally got the Visa with the same annotation....this forum has been excellent.

Visa interview date: feb 5th 2008
Visa received: feb 28th 2008
Click to expand...

I was wondering why it took more time for them to grant you Visa when your case is lot less complicated than mine. See the details below.

Visa Interview date: Feb 5th 2008.
Visa approved date : Feb 15th 2008.
Passport received date : Feb 19th 2008.
 
dui in napa

Hi folks, Just wanted to share my experiences at the consulate:
Date: March 5th, New Delhi
Background:
Case: Dui in Napa, CA in August 2007, BAC - 0.21 (Yes!)
Verdict: 5 yrs probation, first offender program and fines ~ $2000
I just paid the fines and went back to India in December.
Went for stamping in New Delhi though I belong to the southern part of India. (This forum helped me in deciding that. Thanks a lot!)
I was fingerprinted as was everyone else and when my turn came at the window, here goes:
VO: Is this your first H1B visa?
Me: No, second
VO: Oh, you are no longer with A?
Me: No, Im with B now
VO: What does B do?
Me: Blah blah
VO: What do you do for B?
Me: Blah Blah
VO: What is your salary?
Me: Blah$
VO: Have you been in trouble with the law recently?
Me: Ya, I was involved in a DUI in NAPA county of CA when I went wine tasting, I was arrested for 3 hrs and later released.
VO: What is the status of the case?
Me: The verdict is out and I need to do a,b and c
VO: Do you have any papers from the case?
Me: Ya, i have certified copies from the court. (and I showed them to him)
VO: Let me make copies
He goes and comes back..
VO: Ok, you are all set.
Me: (Surprised!) Would that mean Im through?
VO: Oh yes, if there are any issues, we'll get in touch with you
Me: Thanks

I expected the physician check and/or 85$ for the FBI fp check. But nothing. It was all over in 5 mins.
Good luck to y'all
 
DUI 2nd offense quagmire........please advise

Hi Guys,
I am a new member to this forum...have been reading all the messages for some time. Here is my story...
Started on my H1-B after Masters in Jan 2006, was arrested for 4th Degree DWI charges (BAC .09) no accidents, stopped cause of alleged weaving between lanes, in April 06. The charges were brought down and I pleaded guilty to careless driving.(this was in Minnesota).
2007 went by and i f******g forgot my lesson. As though my life was lacking some excitement...I went and got a 2nd dui..this time in the most notorious place after Texas...in Nassau county, NY (supposed to be the worst place to be charged with a dui).(guess what.........BAC .09 again) I lied to the police on the day of the arrest that I had no priors or that I was never arrested before, which probably helped me get out the next day without a bail...They eventually found out on my hardship hearing day (for the license)..cause they ran a FBI fingerprinting check..since I had a virginia license and registration this time.
This reason for stopping this time was even more ridiculous....the officer came behind my car when I stopped at a gas station which was .3 miles from the club i came out on a sunday morning. The reason was I was doing a 50 on a 40 mile/hr zone and that he based on an estimate, not even radar. This being said...
Q1: What are my chances of getting the charges dropped given the fact that I had a prior alcohol related arrest?
Q2: My current H1 is expiring in Jan 09...will I face any issues during 2nd time extension?
Q3: The best deal I can get at this point is a DWAI...(traffic infraction) and that if I hire a reallllllllllllllllly good attorney...will this affect my GC acceptance?
Q4: I have my labor approved and my I-140 application is in progress...I am wondering if I should discuss this with my immigration attorney....or not...I am worried if the attorney will discuss this with my employer......?

Guys............I would greatly appreciate any suggestions/advice in this regard....incase anyones been in a similar situation before..............!!!!!

Regards
DUI_DUDE2
 
DUI_DUDE2 said:
Hi Guys,
I am a new member to this forum...have been reading all the messages for some time. Here is my story...
Started on my H1-B after Masters in Jan 2006, was arrested for 4th Degree DWI charges (BAC .09) no accidents, stopped cause of alleged weaving between lanes, in April 06. The charges were brought down and I pleaded guilty to careless driving.(this was in Minnesota).
2007 went by and i f******g forgot my lesson. As though my life was lacking some excitement...I went and got a 2nd dui..this time in the most notorious place after Texas...in Nassau county, NY (supposed to be the worst place to be charged with a dui).(guess what.........BAC .09 again) I lied to the police on the day of the arrest that I had no priors or that I was never arrested before, which probably helped me get out the next day without a bail...They eventually found out on my hardship hearing day (for the license)..cause they ran a FBI fingerprinting check..since I had a virginia license and registration this time.
This reason for stopping this time was even more ridiculous....the officer came behind my car when I stopped at a gas station which was .3 miles from the club i came out on a sunday morning. The reason was I was doing a 50 on a 40 mile/hr zone and that he based on an estimate, not even radar. This being said...
Q1: What are my chances of getting the charges dropped given the fact that I had a prior alcohol related arrest?
Q2: My current H1 is expiring in Jan 09...will I face any issues during 2nd time extension?
Q3: The best deal I can get at this point is a DWAI...(traffic infraction) and that if I hire a reallllllllllllllllly good attorney...will this affect my GC acceptance?
Q4: I have my labor approved and my I-140 application is in progress...I am wondering if I should discuss this with my immigration attorney....or not...I am worried if the attorney will discuss this with my employer......?

Guys............I would greatly appreciate any suggestions/advice in this regard....incase anyones been in a similar situation before..............!!!!!

Regards
DUI_DUDE2
Click to expand...

So why would you say that Texas is the worst place to get DWI. Your First dWI in Texas is 6 months in jail, with some fines and community service of no more then 100 hours and some alochohl class. Usually firt time offenders will get probations like i did. I got 18 months probation. I have hear many places worst then Texas when max firt time offender term in jail is 1 year. that is a no no for Immigration purposes. Please explain why you think Texas is worst palce to get DWI.
 
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