DUI problem and H1 Stamping

S

sdkumar

Registered Users (C)
DUI problem, need help
I am a legal immigrant from India and living in U.S for the past 5 years. I came here on F1 and then got a job and Presently i am in H1 status. 3 months back i got an DUI (BAC .10) and i was arrested that night (spent that night in jail) and i pleaded guilty(first time offender). Presently I am following the court orders of paying fines, attending Drivers Benefits Program and AA classes. This was for Driving under the influence of Alcohol and this happened in California. There was no accident involved. The problem is i have to get my H1 Visa stamped as i am planning to go to India. I am planning to go to Vancouver for my H1 visa stamping and then go to India (thought of giving a shot in vancouver). If it doesn't work out in Vancouver then no option but to leave to India. If i don't get stamping in Vancouver does that mean i cannot enter U.S eventhough my H1 dates are still valid?
Can anybody tell me my chances for getting my H1 visa Stamping? I am going to say the truth in the application forms and going to take all the necessary documents. Does DUI come under criminal record? Please need your advice and any experiences would be really helpful for me. thanks in advance.
 
should be ok

If this is the only offence on your record, you should be ok. The only minor concern is that this has only happened 3 months ago.

DUI does come under criminal record. But first DUI is not a CMT so it may not make you inadmissable. Make sure that you take the court disposition and copy of the statute under you were convicted. Also take a copy of the maximum sentence that is given for this offence.

Also, read the USCIS section 212 thoroughly. Always tell the truth to any questions asked and keep in mind to answer to the point and not divulge additional detail. This will help keep your interview short and sweet.
 
given2fly

given2fly thanks a lot for the info. I am really concerned. I made a mistake and i learnt it the hard way. Readers this is from my personal experience "DON'T DRINK AND DRIVE". Given2fly can you throw some light to these questions.
Where do i get hold of " copy of the maximum sentence that is given for this offence." Is that something i need to request from the court?

Read USCIS section 212 thoroughly:
I went to www.USCIS.gov and did a search for section 212 and it returned with so many .pdf files. what should i look for or can you direct me to the proper site?

I am going to take all the documents and i am going to say the truth. Can you tell me what kind of questions they would ask?

Also if i don't get my H1 visa stamping in Vancouver even though my H1 dates are valid till FEB 2005 can't i not enter U.S at all (or) they would direct me to go to Home country(India) and apply.

Advance thanks
 
Section 212 of USCIS deals with inadmissabilities and deportation, among other things.

Where do i get hold of " copy of the maximum sentence that is given for this offence." Is that something i need to request from the court?

Go to www.findlaw.com. This is an excellent website and will give all the information you need about CA case codes. The most important document you should have is the Court disposition. Understand that document thouroughly.

From the disposition, lookup the arraignment and the conviction charges on the findlaw website. Take printouts of the same.

Findlaw will also have the maximum sentence allowed for a DUI. Take a printout of that as well.

Another important document is the court report. This will contain what happened at your hearing, verbatim. Go to the court reporters office and apply for it.

The best thing would be to talk to your lawyer and ask him/her to explain your disposition to you.

You are right to show concern due to your situation, but in the real world mistakes happen and hopefully you learn valuable lessons. USCIS also understands this for first timers and this is explained in a part of Section 212 of the USCIS code.
 
Got My H1 Visa. Thanks folks

Hi Folks,
Finally got my H1 visa stamped in India (Chennai). I am back in U.S.
I understand the concerns that you all have and i want to share my
experience with all of you.
Firstly i would like to convey my thanks to the members of this
forum (JoeF, given2fly,Debbie Ward and others) for their valuable information.
Secondly it is true that with DUI we cannot go to Canada. I initially
thought of going to Canada, fixed the appointment and finally came to
know that DUI makes you inadmissable to canada.
Thirdly before leaving from U.S i have taken the following documents.
This was possible only through the input from the valuable members. I
followed their advice.

NOTE: i completed all the formalities before leaving to India. like
paying all the fines, completing AA classes,etc..
1) Court Disposition Record. You would get this at the Clerk's office
of the court where your case is being handled. A nominal fee would be
charged. This document would be given only if you have completed all
the formalities the judge ordered you to do.
2) Court Reporters document. This document normally has the statements
recorded from the time you case was brought to the court till the final
judgement. This document would be prepared by the court reporter/clerk.
This also you can get it in the court but you need to talk to the
reporter/clerk or whoever documents the statements
3) Copy of the police Record. This record i got it from my attorney
upon request. This has the statements given by the police/cop on the
day of the incident. If you don't have an attorney maybe you can request
the respective department.

Left to India with my fingers crossed not knowing what's going to happen.
Filled in the DS-156 form and etc..documents.
I answered "YES" for the statement "have you ever been arrested/convicted...."
I took all the other documents in-addition to the above three. My file was
sent in. My number was called and the officer looked at the DS-156 form.
He asked what happened?
I told i had a DUI.
He asked me to wait for sometime and told me to take a seat.
After 10 minutes they called my name and they took my fingerprints and after that
i was given a letter by the same officer. The letter states that
"they need 45 days for additional processing".
and i was told not to fix any appointment till i receive the letter.
After 30 days i got the letter from the consulate asking me to appear for an
interview. I went for the interview with newly filled DS-156 document. I again
mentioned "YES" for the statement "have you ever been arrested/convicted....".
My number was called and the officer asked the following questions:
1) When were you arrested?
2) Where were you arrested?
3) What was your BAC?
4) What happened that day of the incident?
5) What was the judge orders on this case

I answered the questions. Frankly i was really really nervous, but the officer
was kind enough to say that don't worry mistakes do happen. Be careful...etc.etc..
and he told me to pay the amount for the H1.

That was a huge relief for me.
Came to U.S thinking what might happen at the Port of Entry. They took my fingerprints and
nothing about the DUI. Finally back to U.S and back to Work. It was really tense moments but
finally everything ended well.
I hope my entire process would help you guys.
Good luck.
 
sdkumar said:
Hi Folks,
Finally got my H1 visa stamped in India (Chennai). I am back in U.S.
I understand the concerns that you all have and i want to share my
experience with all of you.
Firstly i would like to convey my thanks to the members of this
forum (JoeF, given2fly,Debbie Ward and others) for their valuable information.
Secondly it is true that with DUI we cannot go to Canada. I initially
thought of going to Canada, fixed the appointment and finally came to
know that DUI makes you inadmissable to canada.
Thirdly before leaving from U.S i have taken the following documents.
This was possible only through the input from the valuable members. I
followed their advice.

NOTE: i completed all the formalities before leaving to India. like
paying all the fines, completing AA classes,etc..
1) Court Disposition Record. You would get this at the Clerk's office
of the court where your case is being handled. A nominal fee would be
charged. This document would be given only if you have completed all
the formalities the judge ordered you to do.
2) Court Reporters document. This document normally has the statements
recorded from the time you case was brought to the court till the final
judgement. This document would be prepared by the court reporter/clerk.
This also you can get it in the court but you need to talk to the
reporter/clerk or whoever documents the statements
3) Copy of the police Record. This record i got it from my attorney
upon request. This has the statements given by the police/cop on the
day of the incident. If you don't have an attorney maybe you can request
the respective department.

Left to India with my fingers crossed not knowing what's going to happen.
Filled in the DS-156 form and etc..documents.
I answered "YES" for the statement "have you ever been arrested/convicted...."
I took all the other documents in-addition to the above three. My file was
sent in. My number was called and the officer looked at the DS-156 form.
He asked what happened?
I told i had a DUI.
He asked me to wait for sometime and told me to take a seat.
After 10 minutes they called my name and they took my fingerprints and after that
i was given a letter by the same officer. The letter states that
"they need 45 days for additional processing".
and i was told not to fix any appointment till i receive the letter.
After 30 days i got the letter from the consulate asking me to appear for an
interview. I went for the interview with newly filled DS-156 document. I again
mentioned "YES" for the statement "have you ever been arrested/convicted....".
My number was called and the officer asked the following questions:
1) When were you arrested?
2) Where were you arrested?
3) What was your BAC?
4) What happened that day of the incident?
5) What was the judge orders on this case

I answered the questions. Frankly i was really really nervous, but the officer
was kind enough to say that don't worry mistakes do happen. Be careful...etc.etc..
and he told me to pay the amount for the H1.

That was a huge relief for me.
Came to U.S thinking what might happen at the Port of Entry. They took my fingerprints and
nothing about the DUI. Finally back to U.S and back to Work. It was really tense moments but
finally everything ended well.
I hope my entire process would help you guys.
Good luck.
Click to expand...

I'm glad it all worked out for you. Just be careful. Generally, DUI is not a Crime Involving Moral Turpitude, however, depending on the facts, the exact charge, and the jurisdiction, it could be a CIMT, a crime of violence, or even an Aggravated Felony (just because the state says it is a misdemeanor does not mean that it cannot be an aggravated felony for immigration purposes. Most DUIs and DWIs do not cause major immigration problems as long as there was no bodily injury and it was a first offense. Probation of one year or more is a major problem though.
 
221(g) refusal waiting for more than 40 days.

Hi I really need some help.
I am still in India. I went to US Embassy in Delhi on July 27th '04. They took my finger prints. I did not get any call from them yet. I thought that I would get a call from them in about 30 days. But it is more than 40 days now. I enquired and they said that it would take 40 working days. Is that true? From the forums I came to know that, SDKumar and Duidude got the call exactly after 30 calendar days. Why is this taking so many days for me. I am extremely worried. Please let me what should I do next? Should I wait or how should I follow-up on that?

Thanks.
 
to helpls

helpls...

In one of my friends case, it took 45 days...so do not panick...wait till the deadline and call them back again....DUI is not a crime of moral turiptude...so the re-entry should not be rejected on the basis of DUI.....atleast I personally have seen ( on web and also few people I know ) so many cases where people have got DUI, got H1, revalidation and also green card.....guys.... if u personally know any case where the H1 stamping was denied or green card was rejected please add it to this message board...

anybody recently been to India for H1 stamping after DUI?


G...
 
Last edited by a moderator:
recent DWI (1st offence) and H1 Stamping

Hello All,
This is with reference to a few questions that I have regarding my H1-B1 Visa Multiple entry stamping. I came to the US in May 2000 on a student Visa, graduated in 2002 and eventually got my H1 and currently working in Northern Virginia. I had been arrested in Northern Virginia on the 1st of July 2004 for suspicion of drunk driving (DWI - 1st offence). My BAC was 0.15. My court hearing date was on the 31st of August. The judge punished me with the following sentence:
1) To take the VASAP program.
2) A fine of 1000$ and a suspension of $600 so totally 400$
3) 60 days in jail with a suspension of 55 days so totally 5 days
(according to the new rule as of July 1st ‘2004.)
4) 12 months suspension of driver’s license.
5) An active probation of one year
However, I requested for an appeal in the Circuit Court. The next trial date is Nov. 11th 2004. I was intending to get some time by doing this before I am actually convicted of the DWI charge. In the meantime I thought it would be better if I get my H1-B Visa stamped on my passport as I am intending to get married in December 2004 and get my spouse here. I know that I have committed a grave mistake and I have learnt it the hard way. I would never do this again in my life. I am very nervous about my stamping. I am not sure if this charge would jeopardize my career and/or my legal status here in the US. I am not sure as to how this would impact my Visa Stamping, getting a H4 visa for my spouse and our re-entry into the US after marriage. In this regard I thought it would be a good idea to get some advise so I am seeking to get some suggestions from you guys. I learned from this forum that some of you have been in the same position as I am and have been of great help to each other. I am seeking similar help and advise from you. I already attempted to appear at a US consulate in Canada and was informed by the Canadian Consulate in Washington DC that a DWI would make me inadmissible to Canada. Are there chances of appearing at a Consulate in Mexico or is it too risky to do so. How would it work out for me if i had to appear at a US consulate in India. What can i expect? Will i ever be able to enter the US again?
Any help and guidance from anyone in this regard would be greatly appreciated.
Thanking you in anticipation…
DWIVICTIM
 
Preview
HI all,
I am curently a student and got charged with DUI(1st offense) . I am really very worried about it. There are a lot of questions going on in my mind.
a) WIll it affect in getting a job here in the US.

b) If I am able to get a job then what all problems will be there in getting H1 stamped ...like how long would I have to be in India before this happens.As I have learned from this message board, especially sdkumar's message that it takes at least one and a half months to get done with that. So does the company with thich you are working gives that kind of leave or what ?

I am asking all of these coz I need to make up my mind in staying here or just go back to India after I am done with my degree.
I would be grateful if you could please answer these questions. Thank you in advance.
 
DUI ...help needed

HI all,
I am curently a student and got charged with DUI(1st offense) . I am really very worried about it. There are a lot of questions going on in my mind.
a) WIll it affect in getting a job here in the US.

b) If I am able to get a job then what all problems will be there in getting H1 stamped ...like how long would I have to be in India before this happens.As I have learned from this message board, especially sdkumar's message that it takes at least one and a half months to get done with that. So does the company with thich you are working gives that kind of leave or what ?

I am asking all of these coz I need to make up my mind in staying here or just go back to India after I am done with my degree.
I would be grateful if you could please answer these questions. Thank you in advance
 
H1 stamping in India

Hi guys...

I got DUI ( first offense) in April 2004. finished all formalities in one year...My H1 extension petition ( not visa stamping) got approved last week...will get the papers in one week.....so I am going for H1 stamping in India in 2 months....Wanted to start this conversation again...cuz this is my time to face the music...so wanted to be prepared for it....atleast with all paperwork and advice from the guys who went for stamping with DUI in US embassy in india ( anybody went to mumbai / bombay embassy? ).....so guys...please respond if you are checking this thread....specially duidude, rahul_us, sdkumar, patnams, rwithclass, helpls, anotherImmProbl and anyone who has done the stamping in India...

Gautam....
 
Court Reporters document

Hi Guys...

Those of u who have done the H1-B1 stamping in India after the DUI ....what documents did u guys produce?

I have Court case Disposition Record and Copy of the police Record.

I dont have one specific document called "Court Reporters document." This document normally has the statements recorded from the time you case was brought to the court till the final judgement. ( conversation between the defendant and the judge) This document would be prepared by the court reporter/clerk....

Does anyone know if this document is must? I dont have it and I have applied for the audio tape as the court I went to, used audio tapes instead of typed transcripts...(sealed tapes )...

Please respond to this thread regarding what documents did u guys produce and what questions were asked...and specially...if this "Court Reporters document" is necessary to be produced at the US embassy...I am planning to goto india for stamping within 2 months..

G....
 
canadian immigration denied bcoz of DWI

My canadian immigration denied as DWI is criminal offense and inadmissable to canada. I got DWI 3 years back on f1, currently on H1

thanks
 
To gautam t

The document you are asking about is called "Certified Court Record". To obtain it go to the Courthouse you have been trialed at and request for it from the court clerk. In my case it took 1 min - to print out, stamp a seal and sign. The fee was $4.5

Hope it helps.
 
to baltika12..

baltika12..

does it show the number and description of charges and how they were disposed off....or does ur document show the conversation between u and the judge...

thanks,

G...
 
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