DUI problem, need help

S

sdkumar

Registered Users (C)
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 and i pleaded guilty and i am presently 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 Visa stamped as i am planning to go to India for my marriage. I haven't been to India for atleast 31/2 years now. I am planning to go to Vancouver for my multiple Entry H1 visa and then go to India.
Can anybody tell me my chances for getting my H1 Multiple Entry visa? 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.
 
DUI Problem..

I got a DUI arrest last months, and the cop who arrested me and the attorney told me its a crime but its nothing spectacular (its a misdemeanor) Since its a crime it may come under criminal record which I am also worried about.. but please dont take my word for it.. I dont want to make u more worried.. and my case is still in progress..
 
DUI and GC

I working in USA for three years on H1-B Visa. I had filled for the Greean Card last year and my labor is still in progress. Last year I happened to have DUI and i had spend one night in jail too. I pleaded for guilty in front of judge and every thing is sorted out. This was my first case and I will not be doing this in my wildest dream. I have come to know that DUI stays in your record forever. I have aprehension does it affect any how in GC at any stage ? I talked to few people and was told that If you have only one , its not going to affect ? I am not sure about this can any one guide me ?

Thanks,
Rahul
 
Re: DUI and GC

Hi,

I also happened to learn it the hard way that one can get arrested for DUI and it stays on the record forever. I have happened to hear from some attorneys whom I talked to (they are not immigration attys) that it doesn't really affect the GC process much. I was told that INS (now USCIS) takes other crimes of moral turptitude more seriously like shoplifting, spouse abuse etc.. . But they suggested to be honest in all answers I give to INS. U shud consult ur immigration atty to clear ur doubts.

Refer to last week's bulletin on Sheela Murthy on a recent regulation abt DUI.

VOL. X, no. 09; February 2004, week 3
Posted : February 27, 2004

http://www.murthy.com/bulletin.html#5

I AM NOT AN ATTORNEY AND THIS IS NOT LEGAL ADVICE. THIS IS PURELY MY OPINION ONLY AND IT IS COMPLETELY TO YOUR RISK, RESPONSIBILITY TO FOLLOW OR TAKE ANYTHING SAID HERE AS ADVICE.
 
As I told you i am attending all the court formalities like attending classes, fines and AA classes, this is what i learnt. Though it's a misdemeanor it would be in the record for 7-10 years. You will be in probation for 3 years and if anything happens in between those 3 years i can tell you it will be a spectacular(if that's the word you want to use). more time in jail, more classes, more financial losses,etc... it's definitely NOT worth it.
This incident has caused me a financial loss of $12,000 and always at the back of mind of what's going to happen to my H1 visa stamping and GC. There were few immigrants in the class who told that it wouldn't affect (if first time offender) GC, but definitely citizenship. It would take more longer time. My instructor was an Croatian and it took him a longer time to get his citizenship because of DUI.
Anyways can anybody tell me what are my chances of getting H1 visa stamping? Any experiences would really help.
 
DUI and visa/GC

As I told you i am attending all the court formalities like attending classes, fines and AA classes, this is what i learnt. Though it's a misdemeanor it would be in the record for 7-10 years. You will be in probation for 3 years and if anything happens in between those 3 years i can tell you it will be a spectacular(if that's the word you want to use). more time in jail, more classes, more financial losses,etc... it's definitely NOT worth it.
This incident has caused me a financial loss of $12,000 and always at the back of mind of what's going to happen to my H1 visa stamping and GC. There were few immigrants in the class who told that it wouldn't affect (if first time offender) GC, but definitely citizenship. It would take more longer time. My instructor was an Croatian and it took him a longer time to get his citizenship because of DUI.
Anyways can anybody tell me what are my chances of getting H1 visa stamping? Any experiences would really help.
 
Thanks !! this reply really helps. I also talked here few people..and does not seem to be really affecting till the time you carry not more than one..but any practical experiences or any Immigration lawyers view will certainly help..If any one has any one more clues please help !!!
 
I had similar DUI experience in Year 2000 in California. I did not have any problems for my H1B stamping or my wife's H4 staping from India(Delhi). My GC is in process have no clue on that yet.. but most probably it hsould not be any issue.

Hope this will clear up your mind send me e-mail if you wan to talk to me more about it.
 
Hi,

I had DUI last year September . I pleaded guilty in front of judge and now every thing is fine. Now my visa was getting over so my company had applied for extension, which i have got just now. But now i want to revalidate that H1 in US. But when you fill the for DS-156, there is one clause which asks something like..

Have you ever been arrested or convicted for any offence or crime .......bla..bla.

Now i dont want to say yes for that but does any one has any idea ?? please help me.. don't know what to do ?

Thanks.
 
DUI and H1 visa extension

Hi,

I need your help regarding the DUI issue and its effect on visa renewal / visa stamping and green card.
In April 2003, I was charged with DUI / DWI / OUI ( first offense ) in the state of Massachussetts. The first offence in MA is misdemanor or felony? Is it considered as crime of moral turiptude on which basis, the embassy or INS can reject the visa.
I was arrested and went to the court. I was given $475 fine, one year of unsupervised probation ( I was not required to report back to my probation officer anytime or after one year or I was not required to come back to the court on the probation ending date.) and no community service.
After my probation was over, I did not receive any document from the court. Should I contact the court or my lawyer for any documentation about case dismissal. ( It was CWOF - Continued without finding on the court papers )
I have applied for my H1-B1 visa extension ( first H1 completing in August 2004 ) which will take 4-6 months. Am I supposed to send any court documents to INS regarding this?
I was planning to leave america for visa stamping later this year. Will this DUI conviction affect my re-entry chances to America?

Any feedback regarding this will be a tremendous help!

Thank you
 
Info required ..Please

Guys,

"for petty offence exception(like DUI first offence) max possible prison term
should not exceed one year and actual prison term should not
exceed 6 months for a crime"

1. I would like to know what was your final verdict from court on DUI . Is the time frame less than one year ? If so , excatly what as time frame. For me its 11 months and 29 days !

2. Have you done revalidation in India? If so what all docs are required ? if so , did you use drop box or in person appointment ? What all docs you gave ?

3. Have you answered YES of the question in DS156 form ?


Thanks
DUI Dude
 
Rwithclass,

If you can work this out, then it would be a miracle. You should'nt have legally gotten into Canada in the first place, because a person is not permissible with a dui (even if it is in US).

If I were you, I wouldnt push my luck too far. (kanoon ke haath bahut labne hote hai -- hands of the law are very long)
 
Last edited by a moderator:
Got My H1 Visa. Had a DUI

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, 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.
 
Got My H1 Visa

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, 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.
 
Awesome. Congrats !!

Thanks verymuch for posting back. Was the additional delay of 30-45 days was because of the DUI ? or was it normal ?
 
Good luck

Gautam_t
Court Reporter Document:
This document is an additional one that might be handy. The clerk told me the
same, that court disposition document would be enough for INS. But
since the members in the forum told me to take it i requested this
document with the court reporter. For Court Disposition document you
would have got it at the clerk's office. But Court Reporters document
you have to talk to the person who documents the statement of what
happened in the court from the time your case started till the end.
So this person would be in the court-room. i mean listening and
documenting the statements while the hearing is going on. So i would
say go to the court-room and ask for the court reporters document. This
would take a few days and importantly get the phone number of the person
who is going to give you the document. The reason is whenever i tried
to meet that person he/she is in the courtroom documenting the
statements of other hearings that was going on.
I will give an example of how that document looks and how it differs
from the court disposition document.
Court Reporters Document
eg: The case is a DUI
judge: is abc your original name
yourself: yes
judge: What do you say for the charges framed on u..
yourself: i am guilty
judge: did you understand what is written in the document that you have signed
yourself: yes
judge: ok
judge: judge gives the ruling
yourself: thank you your honour.

Court Disposition Document will not have the statements made by
the judge or yourself. instead it will say this person is found guilty
and these are the following fines, etc..and if you have completed
everything it would have the notes that all fines paid,etc...and
authorized/signed.
Hope this is clear.


Police Record:
I can tell you how the police record document looks like. It was having
the information about your vehicle, your name,where you work,
and photos or i shoudl say drawings of field Sobriety tests with your
results on it and whether you were polite or argumenting.etc...and
also whether you had a blushed face..etc..Also it would have what
was the reason the officer stopped and how you responded and what
your BAC..etc.etc....
Hope this is clear.

IF you need some more information, follow the following links. I had
posted my DUI issue in the "Any topic" category too and few members
had responded to it.
from immigration.com
click on "Forums" link
Click on "Any Topic" link
Click "DUI problem and H1 Stamping" link

Patnams:
I think atleast in my case 45 days was definitely for their verification
or security related issue in regards to DUI.

atlantabraves:
I would suggest you to talk to an immigration lawyer or atleast try posting
it in different categories of the forums (eg: under "Any Topic") and see what the response is. One of the registered
member "JoeF" seems to know a lot of immigration related issues and
hopefully he/she might see your posting and reply to it.

Good luck to you all
 
Dui

First of all I would like to thank you all for this forum and the valuable information provided by all of you.

In April 2000 I too was pulled over for a DUI, however had the charge dropped to a Negligent Driving in the first. As i was a student completing my BA it was a nightmare, anyway i completed my studie and went back home.

Now, after 4 years, I wanted to take my wife on a vacation to the US, and want to apply for a visa, however, wasn't clear on the approach. It appears the best approach is to identify the issue and submit the documents. I am only apprehensive about getting rejected, cause then your chances of getting a visa are nil. What about Canada, how do they know if you had a DUI in the past? How many years is it on the record?

Rajeev
 
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