H1B revalidation denied with 221g - help please

purab2000,
I have been in the same situation.But ,i did submit my court papers when applying for green card.
How do you know that the records are clean ? As per law,you are supposed to disclose everything.It wouldnt be a big deal if you had one DUI and disclosed the same.But,if you tried to cover up the arrest record and if at all USCIS finds that you had an arrest,there are chances of denial.
I did go to the court and get the papers.Yes,they are kept in file up to 8 years.You can pay $12 to get your papers.

These are my thoughts.Consult your lawyer for any detailed information.


purab2000 said:
I had a DUI(first offence/no accident) 2 years back,they arrested me , blah blah and I did the community service to pay that charges along with 1 year supervision, EVERYTHING was taken off the records after I was done with community service and supervision, nothing was in the records, now my major question is in the application or anywhere, what should I answer for "whether u were arrested before "? ..i dont have the court documentation with me anymore..can somebody please help me with this question..since its off the records , can i answer it as NO, will that create any problems...Iam going to canada in Jan to toronto..I would really appreciate some answers..

Thanks.
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kewlsans: Did you file those papers along with 485? If so, what was the 485 approved or are you still waiting for the decision?
Purab: I agree with kewlsans, truthfully write 'yes' for the arrest part.
 
Say 'yes' and carry the court records with you. They shall ask what happened and u can truthfully reply...including that case was dismissed...
 
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....
 
Just a note...you dont have to go to India to get Stamping.You can go to Canada / Mexico. Just mention in Petition extension about the DUI.
Actually,it depends on how many mitigating/elevating factors are considered in your case,your BAC level.I am just hoping that its not very high.
Also,I know somne people got their visa's stamped without mentioning during H1 revalidation.

Kewlsans
(For Information only,Consult a lawyer for expert advise)

gautam_t said:
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....
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The only issue is what if they conduct a background check in canada. In that case, do u get stuck in canada? Esp when you mention 'yes' for arrested.
 
As per my knowledge,There have been no H1 rejections for traffic violations unless if it is a repeating offense.However,you may have a problem if you have more than one DUI as it is categorised by some states as Felony.In this case,you may not have your H1 revalidated.You will be able to still enetr US until your current H1 expires.


dcmetro22042 said:
The only issue is what if they conduct a background check in canada. In that case, do u get stuck in canada? Esp when you mention 'yes' for arrested.
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Don't they mark the visa as "cancelled without prejudice" though? I sent my visa for revalidation to Dept of State. Did not grant me the visa stating that I need to visit a consulate and cancelled the previous visa. Im wondering if I could go to canada for the visa or should I just wait to visit India later.
 
Court Reporters document

If u have DUI charge...u can not enter canada....those of u who have done the H1-B1 stamping in India....what documents did u guys produce?

I dont have one 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...( sealed now )...

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...

G....
 
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H1 stamping in Bombay after DUI

Has anyone on this forum done his H1 - B1 visa stamping in US consulate in Mumbai / Bombay after a DUI / DWI or OUI ?

G....
 
DUI - H1 Revalidation

Hello folks, Happy new year to all of you. I got a DUI last year, currently on probation. Im during 7th year expiring this April. 8th year extn is being applied for. I intend to travel to India and wud need to get my H1 revalidated in Chennai I guess. Anybody after DUI undergone this process at any consulate in India? If yes, can u pls share whats involved and associated risks?

Thanks
 
DWI and first H1 stamping Canada

Hi guys,
I have a situation. I have a DWI about 4 years ago. I am trying to get a date for H1 stamping in Canada for my H1 (first stamping was on F1 before). Will there be any problem. Has anyone had any experiences like this before. Anything would help. Please also email me at

jaychennai@yahoo.com.

Is there any consulate i shld go to or stay away from. Will they ask me to wait for security clearence. What are the court papers can I get it from the court. What is 221g and what is Revalidation.

Thx in Advance.

Jay.
 
I think you should look up rules for Canada. Canada does not allow people who have DWI. You can get a special 1 time entry permit. As far as visa is concerned, I believe you will have to wait for security clearance. That can take a while. I too have a DWI, and have not gone out of the counrty to renew my H1b visa. But if you are sucessful, then please post your experience.

Thanks!
 
DUI/OWI/OUI issues during visa processing

I went for my visa stamping to mexico and was issued 221g due to DWI. I had carried my probation documents but the VO was not sure on how to handle the scenario. He checked with the VO in the next cubicle (he seemed like someone who loves to issue 221g) and was advised to issue 221g. The VO told me to wait till the clearance came through. I have been in Mexico for the last 3+ weeks waiting patiently for it to come through. They took my fingerprints and now FBI has to verify and provide feedback to DOS who will provide the information to the consultate.

There have been cases of people being issues visa on the spot eventhough they had DUI/DWI. It all depends on the VO and how he/ she is lenient. Make sure you have all the documents related to the case (probation documents, court records, disposition record, police record). This might help but not sure.

221g is administrative processing and is issues for various reasons - employer check, name check, arrest issues.......depending on each issue an approach will be adopted by the consulate to further process the applications.

Check the forum for all postings related to 221g and DUI/DWI.
 
Got stamped yet?

Hi Depth, did you get stamping done yet? Pls post updates.. Appreciated...



depthcharger76 said:
I went for my visa stamping to mexico and was issued 221g due to DWI. I had carried my probation documents but the VO was not sure on how to handle the scenario. He checked with the VO in the next cubicle (he seemed like someone who loves to issue 221g) and was advised to issue 221g. The VO told me to wait till the clearance came through. I have been in Mexico for the last 3+ weeks waiting patiently for it to come through. They took my fingerprints and now FBI has to verify and provide feedback to DOS who will provide the information to the consultate.

There have been cases of people being issues visa on the spot eventhough they had DUI/DWI. It all depends on the VO and how he/ she is lenient. Make sure you have all the documents related to the case (probation documents, court records, disposition record, police record). This might help but not sure.

221g is administrative processing and is issues for various reasons - employer check, name check, arrest issues.......depending on each issue an approach will be adopted by the consulate to further process the applications.

Check the forum for all postings related to 221g and DUI/DWI.
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h1 stamped.. before @ chennai

I got one stamped last year at Chennai, took about 10 weeks to get clearance. Time to get stamped again, so thinking of Tijuana this time, if its possible. Anyone has experience going to Tijuana consulate here?


advani said:
which consulate in mexico did you go to?
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