New H1 and ongoing DUI -- Please help!!!!!

D

DUISUCKS

Registered Users (C)
Hello,

I've looked thru the DUI cases in this forum, and unfortunately my case is rather unique.

I have been arrested with a 1st time DUI on April 2005 in PA. In PA laws, a 1st time DUI cases apply for a program called ARD. With this program, you are required to attend an Alcohol Safety School, and go through 6 mo. of probation. I just got into the program recently, and my probation will expire on December 2005. After that, the case gets dropped, and I can get the arrest record expunged.

The problem comes in right there. I am currently in the US with an OPT, expiring mid-July 2005. I have a job offer which would start on October 1st. I have to go back to my home country in mid-July to get a new H1-B stamped, so I can come back on time for October 1st.

My probation officer told me that one person similar to my case could not come back to the States until his case got finalized. Is there anyone out there who has been through the same situation and survived the visa stamping???

I am also going to be talking to an attorney, I will keep anyone interested updated.
 
Hi DUISUCKS,
It is definitely true that DUI sucks...
I am also exactly in your same kind of situation.
really really scared to think of the complications and impacts.
I was caught in may, 2005
still going through the case, hired an attorney.
currently my license is suspended
I am also on OPT. expiring september.
I had plans to go back to India in september, 2005 before I was caught and charged with DWI.
but now I don't know what to do.........totally confused.
was never able to understand why such a big punishment for first time offense especially when no accident involved.
I was caught 400 metres away from my home just before reaching home to sleep.

The only difference you and I have is your record will be expunged after december but mine will never be. In my case State rules also suck....

I will let you know if get any information from any possible sources that are available for me.
please keep me posted if you have any new information.

Thanks in advance.
 
An update

DUIHELP,

I spoke with an attorney with both criminal and immigration experience today. I only had a brief chance to explain my situation since he lives far from my home/work and I have my license suspended :(

He basically explained to me that the fact that I am under probation should not be a problem, but I should bring with me the state law explaining that I will never have a conviction, the details of the program I went thru, etc... So I will probably put this together with my DUI lawyer, and try my luck when I go back to my home country. I feel better since the talk with the attorney, I advise you to talk to an attorney as well, and do everything you can to prove that you did not have any charges like possession or anything, and it was a simple wild night out turned a nightmare.
 
Important!!!

DUIHELP,

One thing that I forgot to mention that is extremely important is that you HAVE TO go back to your country of origin AT LEAST 2 months prior to when you want to get your H1... Once you apply for a visa, the INS will have to check your background thru FBI, and that takes about 8 weeks!!! This is something that will repeat everytime you want to apply for a visa from now on :( Please keep that in mind so you don't have any problems in the future with your employer.
 
help..required

Hi DUIHELP/DUISUCKS,

I am also in the same situation, I got one DUI in state of INDIANA in Nov'2003 and got arrested. I completed the Drug and alcohol classes and even my non-reporting probation was over. Please let me know do I need to do any thing to expunge my records or they ll automatically do. I am planning to go for stamping to CANADA next month. Please let me know whether it is a good idea go there..as you are saying they l fingerprint and ask to wait for 2 months.. and please let me know what are the documents I need to have of DUI for stamping.....

your help is very much appreciated...
 
Dear hello2u,

***I am writing this msg to you under the assumption that INDIANA DUI laws are similar to PENNSYLVANIA DUI laws, and it is treated as an ungraded misdemeanor.***

In PA, once you complete your probation (which I still have several months of), you are allowed to expunge your records. HOWEVER, this does NOT mean that you will then be allowed to say NO to "have you ever been arrested" question in visa applications. USCIS will have access to the fact that you are arrested even after your arrest record is expunged. The expungement only helps when applying for a job, since background checks will not return any hits.

Also, you will have to initiate the expungement process yourself. I strongly recommend you talk to your DUI lawyer, he/she should be able to help you.

As for applying from Canada, unfortunately once you have a DUI you are inadmissable to Canada. I have heard of stories where people managed to go through the borders w/o any problems, but I know for a fact that a DUI makes you inadmissable. I recommend that you try to go back to your home country to take care of visa stamping.

Once you get to the country you will stamp your visa from, make sure you have approximately 2 months of free time to wait for the visa. I personally got my visa in 1 month, but I have heard a lot of people getting them close to 2 months.

For the DUI stamping, try to get together as many documents as possible (I think once your case is closed you get some kind of a document from clerk's office?) Get your police report, get some printouts from your state's websites explaining the law in your state (especially if it is regarded as a misdemeanor and not a felony)...

Good luck, and let me know if you need further help.
 
Dui!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

DEAR DUISUCKS,
One of the court papers says it is class A misdemeanor.. is graded (class A)one is more severe and ll it effect the VISA... and also I talked to my lawer who represented me .. he says we can't expunge the records ... and also says it is not going to effect my job findings.
As per the lawer we ll get some papers when we do some thing wrong like not paying fee like that ... I have two court papers one states about the conditions and one states the probation ( non-reporting) and fee ( as I was moved on work to other state while case was going, I requested judge to transfer so he declares it as non-reporting once i paid the fee and completes the classes ..i paid fee and completed class) need to be paid and the fee receipts. is those papers are enough ..or do I need to get any paper from court .
 
Dear hello2u,

I wouldn't dare to go against the opinions of a professional (in this case, your lawyer). I am merely giving my opinions in the subject matter and sharing my experiences.

If I were you I would also try to find a brief paragraph or two talking about the DUI laws in your state. If the law seems to be forgiving for the 1st offense, do print it out and take it with you. In my opinion, whatever that would look like it may help your cause, you should have it with you. If your BAC levels were slightly above the legal limit, make sure you give that up too. What I'm saying is, the immigration officer is a human too, and there are just too many DUI cases out there within their own people, and they all know that already.
 
going for stamping !!!!

DUI Sucks,

I am going for stamping in Chennai, India (native) on Oct-31-2005. I have court order and all the classes and fee payment completion documents. Also the case closure/dismissal document. I am going to take some of net printouts. What else I need to take to embassy. I have a question...whether they ll go through all these documents or just reject/put under security check. ll they ask any questions about the incident. Plese let me know..what are questions/documents they asked for you. What are the chances of rejection of VISA. Is it depends upon the luck/interviwer or is there any other factors they ll consider.

Thanks in advance......hello2u
 
hello2u said:
DUI Sucks,

I am going for stamping in Chennai, India (native) on Oct-31-2005. I have court order and all the classes and fee payment completion documents. Also the case closure/dismissal document. I am going to take some of net printouts. What else I need to take to embassy. I have a question...whether they ll go through all these documents or just reject/put under security check. ll they ask any questions about the incident. Plese let me know..what are questions/documents they asked for you. What are the chances of rejection of VISA. Is it depends upon the luck/interviwer or is there any other factors they ll consider.

Thanks in advance......hello2u
Click to expand...

Have you had any other fault before or after DUI ? If yes, do not step out side of US. They will never allow you are in. Even GC people loses their GC because of it.

If you just have 1 DUI and no other fault. It is fine, but they will run your FBI record. Depend how you can prove that you are a better person now after the arrest and what lession you learn. You could possible get visa to go back.
 
first one

DUI is the my first and last as of now... after DUI i was here for 2 years and no other fault. After DUI went to India and entered US twice, but never gone for stamping..so never filled DS156 . Now I have to go for stamping.So am I in better position or not. Is there any way that we can check our back ground here in US and can decide wether we have any posibility of return to US or not. Only thing bothers me is i have BAC od .18 it is higher.. and that why they say CLASS A MISDEMEANOR.Except in report it is no where mentioned so I am not going to give that. Also I have taken web printouts as you suggested. do you have any idea,whether the FBI records will have all the details libe BAC and all or just he case and type..like DUI and misdemenor...
"Depend how you can prove that you are a better person now after the arrest and what lession you learn." is there any thing we need to do for this. . What do you suggest. Your help is very much appreciated.
 
Last edited by a moderator:
hello2u,

Make sure you have originals and 1 copy of all the documents you've mentioned. It is quite possible that they will make you surrender the copies for evaluation.

The fact that you do not have any other charges certainly makes your life easier, once you surrender everything and they do the FBI check on you, you shouldn't (personal not professional opinion) have a problem getting a visa.

Every case is different though, and they will evaluate everything according to yours, I do not know if they take into consideration your BAC level, mine was written on several documents I've submitted... I was not asked anything that relates to me being a better person, but I have heard of stories where people were, I guess that depends on who you are talking to.

Please, please, please be honest and very polite to the officer you will talk to. They understand that you may make mistakes, but they are not forgiving of lies or cockiness.
 
Misdemeanor

I did a Misdemeanor in 2000. I paid the fines and was on probation. I completed my probation and no other violation. I am back to India last year. Now i need to travel to US on B1.
I don’t have any court papers (or ticket #) of my Misdemeanor. I am sure that the Visa Officer will ask for them. Is it possible to get a copy them? Can i get them online? Can i ask some of my friends in the US to get them for me?
 
Yes..you can get the papers from court. Just call the court clerk where your case was handled. They may ask You to fax a request letter with your signature and one photo id proof. Then they can fax/mail(postal) the copy of the court papers. I got it like this. So ask one of your friend to call the clerk and they ll help you.
 
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