DUI and applying for US visa

[kimoS]

What is the name of your state?
Missouri where it took place.

Hi,
I’m a citizen of Saudi Arabia that just moved back from the US to Saudi, and I would like to apply for an American visiting/tourism visa. In the visa application it states “A visa may not be issued to persons who are within specific categories defined by law as inadmissible to the United States (except when a waiver is obtained in advance). Is any of the following applicable to you?” and the first question asks “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?” It also states “While a YES answer does not automatically signify ineligibility for a visa, if you answered YES you may be required to personally appear before a consular officer.”
I lived in the USA for over 7 years and when I was 18 years old (almost 5 years ago) I was arrested for a DUI charge, I pled guilty and was sentenced to 40 hours of community service, my license was revoked for 6 months, and I was sentenced to 24 months of probation. I fulfilled all of my sentence requirements and according to my court records which I requested it states that “an amended record of conviction was sent electronically to DOR (Department of Revenue) and MSHP (Missouri State Highway Patrol) for charge. – The charge was disposed as guilty plea” I would like to know if this means that my record was wiped clean? If so, should I answer yes or no to the question in the visa application? Also, the standard procedure in Saudi for anyone to obtain a US visa is to appear in person and be interviewed by a consular officer.
In addition, about five months after my DUI conviction I came back to Saudi Arabia and renewed my visa without stating anything about my DUI conviction and I was granted a 2 year visa to continue my education in the USA. Is there a possibility that I was lucky and the system was not updated or it didn’t catch it and I slipped through? Put in mind that maybe the embassy I filled the Visa application at (Jeddah) was not as advanced as the one in the capital (Riyadh) and the embassy in Jeddah has since been closed now for over 3 years for security concerns. I cant recall that they finger printed me for that application, and I’m certain they do that now everywhere for US visa’s. Is there a chance that if fingerprinted it will corroborate with my fingerprints from my booking?
I have nothing to hide and I would like to be upfront and honest about things, but at the same time I don’t want to harm my chances of getting a visa by sharing information that might be erased or that the Embassy wouldn’t know about unless I shared it with them, even though I doubt any information is not accessible by embassy

I would be much obliged if I could get your expert opinions on this matter. .

[Or Not]

Originally Posted by kimoS

...the first question asks “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?” It also states “While a YES answer does not automatically signify ineligibility for a visa, if you answered YES you may be required to personally appear before a consular officer.”

The answer you should mark is YES. Keep in mind, if you are caught lying on your visa application it can result in permanent visa denial.

Originally Posted by kimoS

... I would like to know if this means that my record was wiped clean?

It doesn't mean your record has been wiped clean, but if you've completed all the rehabilitation and paid your fines it's possible to have a waiver issued.

Originally Posted by kimoS

Also, the standard procedure in Saudi for anyone to obtain a US visa is to appear in person and be interviewed by a consular officer.

At least three months prior to this interview, you need to contact the US Consulate. They can provide you with form 221g (inter-agency clearance) that will require a fingerprint background check from the FBI. Obtaining the completed background check can take upwards of 2 months.

Bring the completed background check, along with all case related court documentation (proof of sentencing, proof of alcohol rehabilitation completion, proof you paid all fines and so forth) to the visa interview.

Originally Posted by kimoS

I have nothing to hide and I would like to be upfront and honest about things, but at the same time I don’t want to harm my chances of getting a visa by sharing information that might be erased or that the Embassy wouldn’t know about unless I shared it with them, even though I doubt any information is not accessible by embassy

The DUI will not stop you from obtaining another visa. It just creates an extra step in the process, which unfortunately happens to take quite a bit of time. If you have all the necessary information when you go to your interview, you will be granted a waiver for the DUI conviction and be given your visa for travel.

Two months or more may seem like a long time to wait for the background check but it's shorter than a lifetime ban.

[kimoS]

Thank you so much for your help.
Can you elaborate a little move about being issued a waiver? From whom can I get it and what would it say?

Also, would I have to go to the consulate and be finger printed there to start the process of the 221g application?

I think I know the answer to this but I want to double check. Every time I file for a US visa, I should report and include all of this information again? In other word, being issued a visa doesn’t exclude this process if you have already gone through it and haven't been arrested since?

Again thank you so much for your help, surely appreciate it.