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Going to India on H1b with DUI

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Posted by rocket12 (16) 12 Jun 2015#1
Hello All,

I had a DUI on Dec 2012. I am currently on H1B and I went to India in 2014 and had a successful stamping.
I am planning to India again in July 2015, do i need to carry the new Court disposed documents again?
Appreciate your help

Thanks
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Posted by kingkong420 (64) 12 Jun 2015#2
to eyespice:

Dude you got to be careful with DUI. If you have fioed GC or pending GC then try to expunge the DUI from your record. You may need lawyers help. DUI is a criminal offence and if you had a felony then that could hurt your GC.
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Posted by hardyboy123 (39) 12 Jun 2015#3
to rocket12:

Carry all the documents with you. You never know what they might ask for, even if they have already seen the docs before. And as the other user said, what's stopping you from carrying?
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Posted by hardyboy123 (39) 12 Jun 2015#4
to kingkong420:

Dude, I know that anyone can post here for free but you need to do two things:
- Stick to the topic/question asked by the user. He aint looking for a preaching here.
- Get your facts straight before commenting. DUI is not a felony, so stop scaring people. And secondly, expunging a DUI will not affect the GC decision. Departments like immigration and police will always be able to see all criminal records on file.
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Posted by longtimelurker (440) 12 Jun 2015#5
to hardyboy123:

Adding to hardyboy123....

1. A DUI can be a felony if there are aggravating factors like property / people damage, people in the car (endangering lives) and so on. But a majority of the 1st time DUIs are all classified as misdemeanors. Still a crime though.
2. Expunging takes anywhere from 7 to 10 years (One becomes eligible to apply for expungement after 7- 10 years). And it only makes it go away from searches done by employers and the like. Its always available for the govt and USCIS / DHS etc.
3. One DUI will not dampen your chances of your GC. If this happens to be the only infraction - then you will be called for an interview for the most part and then you will get your green card.
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Posted by ninjaa123 (4) 12 Jun 2015#6
to eyespice:

This is completely off topic and I'm not preaching..Just responding to an irresponsible citizen of India.

..He's telling you this because you clearly seem to be a person with NO sense of responsibility or even a little caring for others.
You definitely deserved a DUI, and the black mark on your file. Did you have any sense or idea of the damage you could have caused, when you went behind wheels after boozing your a** off?

When you had the money to buy liquor, you should have saved some for a freaking cab ride too. I'm sure your cheap mind would have stopped you from getting a cab, just to save on couple of dollars that you could then spend on another drink. People like you have made India dangerous to drive during night. And you're doing the same on a foreign land. You don't have any reason to be sarcastic. You made a grave mistake knowingly. You put others at risk. I hope you have learnt your lesson.

I drink too. But I have the commonsense to take cab back home so I don't risk the lives of others on road. Its selfish people like you that make roads in India and the US unsafe.

Tell me, would you drive drunk with your family in the backseat???? What makes your family more special than others on the road? Irresponsible and selfish citizen!

Shame on you. Shame on you!
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Posted by gcfordummies (84) 13 Jun 2015#7
to ninjaa123:

Sorry to divert from the actual question but I had to reply to this idiotic post.

Man -- are you a law enforcement officer? Who gave you the right to post your opinions on people who choose to drink and drive? You talk about drunk drivers making roads unsafe, what about people who speed on highways? Who break stop signs? Speed near school zones? The list goes on and on...There is law enforcement who's job is to catch the guys who break the law and courts of law to punish them.

If you want to really make a difference, then be an activist and join union against drunk driving (there are tons of them in every city and should be one in your neighborhood) to advocate and educate people to stop drunk driving.

Its easy to write online whatever comes to your mind sitting in front of computer, with a beer can open, in a public forum. If you have courage to stop this situation...go out and act and don't speak rudely to the guest who has a valid question posted in this forum.
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Posted by gcfordummies (84) 13 Jun 2015#8
to rocket12:

Hi,

It is always better to carry court disposition documents when travelling. You may be called for additional screening at port of entry but you should be fine if you have all records and needed paperwork. Good Luck!
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Posted by soafan2016 (11) 22 Nov 2015#9
Hi all

I got DWI (DUI in Texas) in Feb 2014. I pleaded guilty and completed a year long probation. Mine was a simple DWI without any aggravating factors. I have court disposition, police report and probation completion letter. I have following questions.

1. What are my chances of having a successful H1B stamped?

2. How can I shorten my wait time when I go for H1B stamping? I am planning to go to Mumbai consulate. Is it the fastest consulate to process 221g and DUI cases? What is the normal wait time after doing medical eval?

3. Is passport required for medical eval?

All your answers would be very helpful
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Posted by longtimelurker (440) 23 Nov 2015#10
to soafan2016:

1. Pretty good.
2. There isn't anything you can do about the wait time. There are no statistics about which consulate is faster. And this makes sense since each case may be different. The average waiting time is probably 30 - 40 days.
3. Yes.
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Posted by soafan2016 (11) 23 Nov 2015#11
Thanks for the reply longtimelurker.

I have also sent you an e-mail at longlurker@gmail.com and longtimelurker@gmail.com

Hopefully you will reply.


Regards,
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Posted by soafan2016 (11) 23 Nov 2015#12
Hi longtimelurker

You mentioned that the wait time is 30-40 days. But I have seen some forums where guys got the stamped passport back in about 2-3 weeks or even 1 week.

Also one more thing, in my court disposition there is a typo in my last name. The DA and the prosecutor by mistake typed the wrong name before the trial. Will this typo cause any issue?
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Posted by gizmoguy7 (223) 30 Nov 2015#13
to rocket12:

Hey Rocket!

I am sorry to hear all the negative comments over here. Things happen in life. It happened to couple of my friends too.

To your question: Yes, take all the documents with you when you go for Stamping. Make sure you mention your Arrest in DS 160. They may ask you show the documents. I heard they do a Medical exam, then they Stamp and send you the passport. As long as it is a normal DUI and not related to a crash damage to a property or human, you should be good.
Looking at the dates, I guess you already traveled to India. May be you will have more information

End of the day, Stamping is always a risk. I have also friends with no records had them rejected for no reason. So, just don't take my word.
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Posted by Jul2K9 (345) 01 Dec 2015#14

Hey Rocket!

I am sorry to hear all the negative comments over here. Things happen in life. It happened to couple of my friends too.

To your question: Yes, take all the documents with you when you go for Stamping. Make sure you mention your Arrest in DS 160. They may ask you show the documents. I heard they do a Medical exam, then they Stamp and send you the passport. As long as it is a normal DUI and not related to a crash damage to a property or human, you should be good.
Looking at the dates, I guess you already traveled to India. May be you will have more information

End of the day, Stamping is always a risk. I have also friends with no records had them rejected for no reason. So, just don't take my word.


to gizmoguy7:




Agreed. I have AP but I still carry ALL my documents and keep them in my carry on luggage. My carry on usually fills up with my documents and leaves only a little room for an extra pair of clothes etc in case of emergency. But its still worth the peace of mind.
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Posted by gizmoguy7 (223) 01 Dec 2015#15
to Jul2K9:

True. I agree. I always carry too. I am trying to get my AP before my next travel to avoid the stamping.
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Posted by soafan2016 (11) 01 Dec 2015#16
I got the court disposition letter from the court which could be required by the VO for issuing the visa. But my last name in the disposition is wrong. The DA's office made a mistake (typo). Will this error is the disposition doc be a problem during stamping process? Will the Visa officer contact the County Court to access my record? If he uses my correct last name then no record will pop up. I am afraid because of this my case will go on admin processing forever. Is there a way to change the court record?
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Posted by Govinda1 (9) 06 May 2016#17
Hi- What is meant by "United States Police record". Where do I get this? Was asked to go for panel for DUI arrest and along with panel results asked to submit any other documents regarding your "United States Police Record" for visa adjudication. Has anyone been asked this as well?
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Posted by soafan2016 (11) 06 May 2016#18
to Govinda1:

They must be asking for police report. Which embassy was it? Hyderabad, Delhi or India?
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Posted by Govinda1 (9) 06 May 2016#19
@ soafan2016

Thanks. But, are you sure if Police report is same as US police record? This is Chennai Consulate. Also, once panel is done, how many days does it take for hospital reports to reach the consulate? Do I need to wait for the consulate to ask me to drop the passport for stamping?
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Posted by soafan2016 (11) 07 May 2016#20
to Govinda1:

Yes. You have to wait for their email or sms. You can email me your number at soafan2016@gmail.com
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Posted by soafan2016 (11) 07 May 2016#21
to Govinda1:

We can discuss more over phone
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Posted by PeterMMM (3) 11 May 2016#22
Guys!

Looks like DUI is going to be a problem based on what I read Matt Oh Law firm website.

05/02/2016: State Department New Policy: Revoke Nonimmigrant Visa on DUI "Arrest"

The U.S. Department of State has disclosed that since November 5, 2015, the Visa Office instructed consular officers to prudentially revoke the visas of visa-holders with a DUI arrest that has occurred within the past five years. This was disclosed during the lieaison meeting with the American Immigration Lawyers Association on April 7, 2016. This revocation of the nonimmigrant visa applies to the nonimmigrants in the United States and some of these nonimmigrants have been receiving such revocation notices. Remember that the revocation does not need conviction. Finding of DUI drive arrest record triggers such revocation. This new policy has been causing huge problems for certain nonimmigrant in the United States. Please read pp.3-4 of the liaison minute. Those with such DUI arrest record should seek legal counsel before they make a trip outside of the United States.
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Posted by Govinda1 (9) 28 Dec 2016#23
Please read the following and help me:
Nov 2015: Got into an accident and charged with DUI and failure to maintain vehicle offense.

Jan 2016: DUI was dismissed by court ( I was not drunk but dozed off while driving in late night. Was a major accident, hit trees and I was unconscious. Car Totalled. Cops charged DUI but ultimately blood results talked for itself with 0.00% BAC.)

Mar 2016: Without knowing about any of the consequences traveled to India. There was no concept of revocation of visa email being sent then. Boarding was denied on way back at airport asking to contact consulate. Went back home.

Apr-May 2016: Contacted Consulate->Visa Cancelled->Attended interview->Medicals done->obtained fresh visa till Sep 2016 (after long wait of Administrative Processing)->Traveled back on May 29.

Now: 1) Visa and I94 expired in Sep 2016 but have an approved petition valid till Sep 2019.
2) Got a speeding ticket

Future:
Feb 2017: Plan to travel to India. Do you think I will need to undergo all this? I really don't have any leaves(literally zero left since I used 35+ days with visa issue and being stuck) and I have a situation where I need to go to India in feb with advance leaves. Can't afford to get 35+ days advance leaves. Anyone in same boat? Please help. Any guidance is appreciated.
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Posted by spideey666 (6431)   28 Dec 2016#24
to Govinda1:

No. I don't think you will be in any trouble for a speeding ticket. But DUI is different. Were you asked to go to court for the offence? or was it just a fine you paid.

But bro, please slow down.
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Posted by Govinda1 (9) 29 Dec 2016#25
to spideey666:

Was just a fine I paid for speeding. Last time for accident (dui situation), had to go to court, they scanned finger etc before the Blood alcohol content results came. I am just trying to understand if I will again get into a situation of receiving clearance and administrative processing Making me wait in India for 30+ days.

And yes, have totally slowed down. Was very immature of me then.
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