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DUI problem, need help
- Thread starter sdkumar
- Start date
DUI - Please advise
I am in India for the stamping. I had a DUI in March 2003, and I have replied 'Yes' for the question in DS-156. The moment the consulate officer saw that 'yes', he asked me to give the finger prints and gave me a document which says that . “We are unable to issue a visa at this time. Your application is incomplete or requires further processing, and so you have been found ineligible under section 221(g) of the immigration and Nationality act. To complete the visa process, please make an interview appt at www.ttsvisas.com and note the following instructions”…and is followed by some check boxes, where none of the check boxes were checked. The last checkbox ‘Other’ was check and ‘Finger Prints’ was written by the officer. So, I gave the finger prints.
From the forums I came to understand that we need to wait for 4 - 6 weeks. My question is that:
Will the consulate book the appointment for me after 4-6 weeks or should I to book the appointment for the next interview?
If I have to book the appointment, how would I know, when to book the appointments? I think that the appointments are never available immediately, we need to wait at least for a month.
SD Kumar, Gautam_t, and Duidude, could you please tell me if they have fixed the appointment for you and do they give enough of time to appear for an interview?
Also, I did not get court reporters document. The judge’s secretary gave a document that says on what dates I appeared in the court. Is this the court court disposition document? If this is not, how does it look like?
Hi DUIDude,
I got all the documents that the court had, (the court did not have any court disposition document), from the court through one of my friends. So, ask one of your friends to go to the court, and get the documents. They charged $10 for that. My friend got it in an hour and faxed it over to me.
I am in India for the stamping. I had a DUI in March 2003, and I have replied 'Yes' for the question in DS-156. The moment the consulate officer saw that 'yes', he asked me to give the finger prints and gave me a document which says that . “We are unable to issue a visa at this time. Your application is incomplete or requires further processing, and so you have been found ineligible under section 221(g) of the immigration and Nationality act. To complete the visa process, please make an interview appt at www.ttsvisas.com and note the following instructions”…and is followed by some check boxes, where none of the check boxes were checked. The last checkbox ‘Other’ was check and ‘Finger Prints’ was written by the officer. So, I gave the finger prints.
From the forums I came to understand that we need to wait for 4 - 6 weeks. My question is that:
Will the consulate book the appointment for me after 4-6 weeks or should I to book the appointment for the next interview?
If I have to book the appointment, how would I know, when to book the appointments? I think that the appointments are never available immediately, we need to wait at least for a month.
SD Kumar, Gautam_t, and Duidude, could you please tell me if they have fixed the appointment for you and do they give enough of time to appear for an interview?
Also, I did not get court reporters document. The judge’s secretary gave a document that says on what dates I appeared in the court. Is this the court court disposition document? If this is not, how does it look like?
Hi DUIDude,
I got all the documents that the court had, (the court did not have any court disposition document), from the court through one of my friends. So, ask one of your friends to go to the court, and get the documents. They charged $10 for that. My friend got it in an hour and faxed it over to me.
Recent DWI - 1st offence and H1 Visa
Hello All,
This is with reference to a few questions that I have regarding my H1-B1 Visa Multiple entry stamping. I came to the US in May 2000 on a student Visa, graduated in 2002 and eventually got my H1 and currently working in Northern Virginia. I had been arrested in Northern Virginia on the 1st of July 2004 for suspicion of drunk driving (DWI - 1st offence). My BAC was 0.15. My court hearing date was on the 31st of August. The judge punished me with the following sentence:
1) To take the VASAP program.
2) A fine of 1000$ 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
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
To DWIVICTIM
DWIVICTIM....
Do you have to go for stamping before your probation is over? I would rathar wait atleast till the probation is over...from your case, you got a tough sentence...specially the 5 days jail sentence....If you still plan to go for stamping, please read SDKUMARs posting carefully for what documents are required....I also got my DUI almost 1 and half year ago...my unsupervised probation is over and I am planning to go for stamping by the end of this year...I purposely waited for this whole amount of time ( almost more than 18 months so that the probation was over.)....Canada is out of question since dui offence is a felony over there so they dont allow people with DUI to enter canada....about mexico, I would rather suggest you to got India ( atleast thats the rule I heard about...that you have to goto ur home country for H1 stamping ( irrespective of DUI )...)..
Guys...correct me if I am wrong....
G....
DWIVICTIM....
Do you have to go for stamping before your probation is over? I would rathar wait atleast till the probation is over...from your case, you got a tough sentence...specially the 5 days jail sentence....If you still plan to go for stamping, please read SDKUMARs posting carefully for what documents are required....I also got my DUI almost 1 and half year ago...my unsupervised probation is over and I am planning to go for stamping by the end of this year...I purposely waited for this whole amount of time ( almost more than 18 months so that the probation was over.)....Canada is out of question since dui offence is a felony over there so they dont allow people with DUI to enter canada....about mexico, I would rather suggest you to got India ( atleast thats the rule I heard about...that you have to goto ur home country for H1 stamping ( irrespective of DUI )...)..
Guys...correct me if I am wrong....
G....
gautam_t said:DWIVICTIM....
Do you have to go for stamping before your probation is over? I would rathar wait atleast till the probation is over...from your case, you got a tough sentence...specially the 5 days jail sentence....If you still plan to go for stamping, please read SDKUMARs posting carefully for what documents are required....I also got my DUI almost 1 and half year ago...my unsupervised probation is over and I am planning to go for stamping by the end of this year...I purposely waited for this whole amount of time ( almost more than 18 months so that the probation was over.)....Canada is out of question since dui offence is a felony over there so they dont allow people with DUI to enter canada....about mexico, I would rather suggest you to got India ( atleast thats the rule I heard about...that you have to goto ur home country for H1 stamping ( irrespective of DUI )...)..
Guys...correct me if I am wrong....
G....
Thanks Gautam for ur quick response.....
Unfortunately my marriage was fixed before i even got my DWI.. It would become very hard for me to postpone it so i will have to go to India in December this year. However, going back to SDKUMAR's posting he mentioned in Feb '04 that he got charged 3 months back and got his Visa stamped in June'04 this is close to the time frame that i will be having in my case. However he did not mention if he had any probation at all..
about the jail time... starting july 1st 2004 there is a mandatory jail time of atleast five days for a BAC of 0.15 or more and i was caught 30 mins after this rule came into effect. Not sure if this rule only pertains to the state of Virginia. I did note all the documents required for my case. I already got the criminal complaint and the case disposition from the court. I will get the court reporter documents soon.
Do you think the jail time in my case would have any extra impact and worsen my case more?
As u suggested i also think that it would be a better idea for me to appear in India itself rather than trying in Mexico. atleast i wont be in a nomans land if something went wrong. Which consulate u think is better (chennai, mumbai, calcutta or delhi)?
I just hope that like SDKUMAR and a few others even we get our visa stamped !!!
Thank you again for ur response and hoping to hear more suggestions from you and the others..
DWIVICTIM,
I would like to add couple of things here.
You wrote 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
DWI still gets on your licence. It is the conviction that we appeal, not the crime. As far as my information is concerned, it does not buy any time. Your arrest already goes on record, along with charged and they will add the conviction later. It depends on State/Jurisdiction ofcourse.
I dont really think anything will change if you try to get a Visa while you are still in probabtion. All they see is whether you are eligible or not.
First of all, your case doesnt sound like one of Moral Turpitude. Even if you assume it is a CIMT, is probation is Lieu of Jail Time?? In your case it is not, because you got 60 Days with 55 days suspended. So it falls into Petty Offence Exception.
Try to plea bargain the "punishment" in Circuit Court. You might not be able to do it for the DWI itself, because most states do not allow a plea bargain for DWI Cases. But, if there is any mandatory punishments stipulated by the law, they probably wont budge on that. Just tell the State's Lawyer that you cant enter the country again with such punishment. They will usually listen, ofcourse they want to save some trouble for themselves too.
One thing I am surprised is that you did not get any community service, they usually do the in place of Jail.
I would like to add couple of things here.
You wrote 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
DWI still gets on your licence. It is the conviction that we appeal, not the crime. As far as my information is concerned, it does not buy any time. Your arrest already goes on record, along with charged and they will add the conviction later. It depends on State/Jurisdiction ofcourse.
I dont really think anything will change if you try to get a Visa while you are still in probabtion. All they see is whether you are eligible or not.
First of all, your case doesnt sound like one of Moral Turpitude. Even if you assume it is a CIMT, is probation is Lieu of Jail Time?? In your case it is not, because you got 60 Days with 55 days suspended. So it falls into Petty Offence Exception.
Try to plea bargain the "punishment" in Circuit Court. You might not be able to do it for the DWI itself, because most states do not allow a plea bargain for DWI Cases. But, if there is any mandatory punishments stipulated by the law, they probably wont budge on that. Just tell the State's Lawyer that you cant enter the country again with such punishment. They will usually listen, ofcourse they want to save some trouble for themselves too.
One thing I am surprised is that you did not get any community service, they usually do the in place of Jail.
To Patnams
Patnams...
I dont think community service is must...after my DU, I got the following sentence :
1: No Jail sentence
2: No community service
3: (365 - 2 ) so total 363 days of unsupervised probation so that I dont have to come back to court or report to the probation officer. ( I purposely asked for 2 days less because, sometimes in some cases probation is considered as sentence and one year of sentence can make u a candidate for rejection..but as a matter of fact I have never ever seen or heard anyone getting rejected because of that)
patnams...did u do ur H1 stamping in India? I am planning to go for stamping in December or later...
Thanks...
G...
Patnams...
I dont think community service is must...after my DU, I got the following sentence :
1: No Jail sentence
2: No community service
3: (365 - 2 ) so total 363 days of unsupervised probation so that I dont have to come back to court or report to the probation officer. ( I purposely asked for 2 days less because, sometimes in some cases probation is considered as sentence and one year of sentence can make u a candidate for rejection..but as a matter of fact I have never ever seen or heard anyone getting rejected because of that)
patnams...did u do ur H1 stamping in India? I am planning to go for stamping in December or later...
Thanks...
G...
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
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
R
rwithclass
Guest
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Last edited by a moderator:
d_dude
Know the facts and then worry about it. REad the posts on this website and draw then draw conclusions. DUi/DWI is not a grave crime, it happens and then hopefully we learn from it.
I would not worry about it if I were you, thats as far as the job thing goes. I work for a reputed company here in the US and I know quite a few ppl who had similar experience as you.
Know the facts and then worry about it. REad the posts on this website and draw then draw conclusions. DUi/DWI is not a grave crime, it happens and then hopefully we learn from it.
I would not worry about it if I were you, thats as far as the job thing goes. I work for a reputed company here in the US and I know quite a few ppl who had similar experience as you.
H1 Stamping
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....
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 in 2 months..
G....
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 in 2 months..
G....
gautam_t said: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 in 2 months..
G....
Court Reporters Document is not something you can produce unless you hired a court reporter during your trial (if you had one).
No body cares about this document. The primary purpose of this document is to record what each "witness" in a case has said under oath. It could be used if someone tries changes their testimony later or found to be lying for any reason.
I think, the documents you have should be more than enuf. Just make sure that the documents are certified.
You might want to take copies of certificate that shows that you have taken alcohol classes. Also keep copies of your state's law pertaining to dui. Keep copies of immigration law regarding to dui offences. If possible, get some sort of certificate from a doctor that you are not an alcoholic. Even though the law clearly says that they cannot reject you on health grounds for first offence, you still might want to keep one.
(just for your info, my individual case is different, I fought my case for 1.5 years into a higher court, that too in a different state, spent lot of money and got an outright acquittal. The cop and city judge must have thought that I will simply pay up and leave to the state I live in. I learnt a lot in the process and just am sharing my knowledge with others)
molder
molder...thats what i heard from one of the guys i had talked before...he mentioned that in ur visa under annotation column it will be mentioned " hit not exclusion" dont remember the exact words....not sure if it is the case as i have not done my stamping yet
G...
molder...thats what i heard from one of the guys i had talked before...he mentioned that in ur visa under annotation column it will be mentioned " hit not exclusion" dont remember the exact words....not sure if it is the case as i have not done my stamping yet
G...