Urgent help: H1B stamping in Chennai (India) with DUI offense

[zoom_0202]

What is the name of your state?CA

Hi,
I will be renewing my H1-B visa (stamping) in India, Chennai soon.

While filling out the form DS 156,I have to say "yes" for the question of being convicted (or) not.This is for a misdemeanor DUI here in US.

Will there be any issue/rejects/waiting times? Any experiences?

(or) is it better to go to Mexico?

Please let me know.All the help is greatly appreciated.

Thanks

 

[SHORTY LONG]

If you were convicted of a "DUI" and or entered a guilty plea, then it is self explanatory no matter where you
would go. Be thankful it is a misdemeanor, and not a felony!

 

[DUI630]

Hi
I also have the same issue, i have an DUI in columbus, OH and everything got resolved, now i am planning to india for stamping and i am taking all the related documents
that is
Court disposition record
Court reporters document
Copy of the ticket on the day you got arrested
and my H1 documents.
The problem in going to other country(other than your home country) to get stamping is a lot of risk involved because if they issue a 221g form then you will have to leave the country and return to your home country, so it is always advisable to go to india for stamping, if in case they put your case on pending then you will be able to stay there legally and get it stamped.
and regarding the visa getting stamped i am also confused whtether i should go to india or not, as my case got resolved only on december 18th and also my H1 started only this oct 2007
please advise me if anyone had or has a similar experience.

 

[SHORTY LONG]

Don't drink and drive!

 

[zoom_0202]

Hi DUI630,

My plan currently is as follows.

Fortunately, I will be returning to US from India with one week left on my current H1B visa. (already stamped in Dec'05)For this reason, I would most likely skip my H1B extension stamping. At the port of entry, I shall show my new H1-B extension petition I-797 to enter w/o any problem. Also would get a new expiration date till 2011 on I-94.

However, the problem still remains when I go for my stamping next time ard. As you said going to Mexico (conuntry other than India) is a bit risky.

Few comments on how we might tackle this,(based on my research ONLY)

1) For my case, go for stamping after 2 years from now since stamping 3 years after a DUI should not have an issue (This looks remote since I might need to travel prior..) It will be an year in Feb'08 since I had a DUI.

2) Consult an attorney mainly to see if we can take necessary paper work and apply for a waiver for 221g with all the FBI name/back-ground check,etc...done here in US to save time in India. This work here would atleast be a 2 month process.

Please do let me know on how your stamping goes in India.

Thanks

 

[DUI630]

hi Zoom_0220

I aware that if i go to india after 2 or 3 years that should not be a problem,
but since i have an emergency i have to go to india and now when i consulted with the attorney who was handling my case, he suggested me to take these documents for the stamping and my employer also says that it is ok since it is just a 1st misdeamonour so it should not be a problem
so i am not sure what is going to happen, but as far as my research it should not be a problem, but since i did a mistake that is what arises a lot of doubts and fear in me whtether i will get stamped or not, but if there is anyone who had a similar experience they can help us on what to do?
is this a serious issue?
how long will it take?
what will they do?

 

[SHORTY LONG]

hi Zoom_0220

I aware that if i go to india after 2 or 3 years that should not be a problem,
but since i have an emergency i have to go to india and now when i consulted with the attorney who was handling my case, he suggested me to take these documents for the stamping and my employer also says that it is ok since it is just a 1st misdeamonour so it should not be a problem
so i am not sure what is going to happen, but as far as my research it should not be a problem, but since i did a mistake that is what arises a lot of doubts and fear in me whtether i will get stamped or not, but if there is anyone who had a similar experience they can help us on what to do?
is this a serious issue?
how long will it take?
what will they do?

Very Happy you shared that Columbus, Ohio treated you fairly, [considering what law you broke, and were Charged with]
and that, you have consulted with what I hope is/was an Immigration Attorney.

 

[zoom_0202]

Hi DUI630,

Please visit "Criminal Issues" on Murthy.com forums to see several problems faces by people @ chennai consulate.

http://murthyforum.atinfopop.com/4/OpenTopic?a=frm&s=1024039761&f=8064060382

You will find some useful information and most importantly several examples of candidates with DUI & H1B stamping. Most of their visas were delayed (1-3 months). Few cases were even rejected.

Related useful article posted on Murthy w.r.t info from DOS.

http://murthy.com/news/n_reddel.html

Though its a misdemeanor, according to UCSIS alcohol related incidents/arrests are inadmissable offenses. (from my research on murthy.com)

I am also trying to meet-up with Immigration lawyers for further guidance on how can we prepare ourselves to avoid any delay during stamping.

Hope its useful.

Thanks