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H1B visa revoked after being pulled over for DUI

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Posted by petepad1 (5) 19 Jan 2016#1
I got a DUI on Jan 4th 2016 and within 10 days got the below email from the American Consulate in India -

"This message is being sent to inform you that the non-immigrant U.S. visas which you currently hold have been revoked in accordance with the United States Immigration and Nationality Act (INA). The visas are no longer considered valid for travel to the United States. Following the interview at the U.S. Consulate General in Chennai and the subsequent issuance of the visa, additional information became available that indicates you may no longer be eligible for the visas issued. If you desire to travel to the U.S. you must apply for a new visa, at which time your eligibility for the visa will be reviewed and the application adjudicated accordingly."


I checked the authenticity of this and yes, my H1B has been revoked. I had only been charged and not convicted. Is it legal for me to stay in the US now?

If I go back for a new visa, will they deny me one? Confused on what to do next.

My employers immigration group is working to get more details on this from the consulate.
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Posted by Ricoman (94) 19 Jan 2016#2
to petepad1:

Are you sure it is because of DUI? It could be because of something else. I think I read same email from another person recently on trackitt. May be it has something to do with a followup investigation about your employer or etc.
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Posted by 0ptimusPrime (188) 19 Jan 2016#3
to petepad1:

Why another thread with different title?

http://www.trackitt.com/usa-discussion-forums/h...
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Posted by leem (1) 27 Jan 2016#4
to petepad1:

Hi Pete,

Got same mail from US Consulate last week. Please let me know if you have any update information from your employers immigration team or any Attorney about how long you can stay and work status etc.

Regards,
Lee
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Posted by Kd6883 (36) 03 May 2016#5
Hi , I have an arrested record but not convicted of DUI in court and final decision was given as Reckless driving only with 4 points on DL.

Where can i check if my visa is already revoked or not?
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Posted by Mrav85 (10) 03 May 2016#6
to leem:

Have you gone through the physician panel examination after the incident? Are all the people who have gone thru this process already at a consulate in India after the incident, having visa issued, getting this email? Or is it only for people who have not done it yet after the incident.
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Posted by longtimelurker (440) 03 May 2016#7
to Mrav85:

http://www.murthy.com/2016/02/16/drunk-driving-...

Murthy had an article about this way earlier than anyone else.

So sounds like: if an applicant has a successful stamping and enters the US and then has an incident (DUI / DWI / OWI) - then the consular post that issued the visa is notified and they then send communication to the individual that their visa is revoked. Meaning, the applicant will have to appear for stamping again the next time even if there is enough validity available in the already stamped visa.

If the applicant goes through the process of medical panel and is then issued the visa, it means the applicant's visa has been addressed with respect to the DUI/DWI/OWI and as long as there aren't any more infractions of the law of any kind after re-entry, they should be fine.

This is how I understand it.
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Posted by ashokbe (12) 08 Jun 2016#8
Any updates on people who have "NOT" received the notice or email of prudential revocation? I had a DUI on Oct 2015 and was convicted in Jan 2016. I did not receive any email from the post or consular. Please help with your answers/views on the following questions.
1. Can I travel to India. I have my marriage planned in October.
2. Will my VISA be revoked when I am returning back?
3. How or where can I check the status of my VISA? I tried calling USCIS and they said that they cannot provide details to beneficiary. Only my employer can find out. I have not informed the incident to my Employer.
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Posted by longtimelurker (440) 08 Jun 2016#9
to ashokbe:

1. Yes you can.
2. It's better to have a visa interview done and go through the stamping process including medical panel.
Chances are, your visa that is stamped on your passport is not valid for re entry though it may be valid for another 2 years.
3. You cannot. Not in cases like this. It's a provincial revocation and you don't have access to it
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Posted by ashokbe (12) 08 Jun 2016#10
to longtimelurker:

Thanks for your reply. Appreciate it.

So, there are chances that my VISA is still revoked though I was not intimated via email or any other method of correspondence?
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Posted by longtimelurker (440) 08 Jun 2016#11
to ashokbe:

Correct
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Posted by ashokbe (12) 13 Jun 2016#12
to petepad1:

Hi Petepad1,

Please could you share your status or any information that was gathered on this. I am in the same boat. Did your employer work with the consulate to get more information. Appreciate your help.

Thanks.
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Posted by JoeF18 (2132) 13 Jun 2016#13
to ashokbe:

The easiest way to avoid all this is to get a taxi or Uber. $10-$20 for sure beats the $20K of a DUI conviction, potential loss of life of other people, and all the visa stuff.
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Posted by ashokbe (12) 14 Jun 2016#14
to JoeF18:

Thank you JoeF18.
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Posted by petepad1 (5) 14 Jun 2016#15
to ashokbe:

Hello Ashok, I can understand your concern with the impending marriage and so on...There is a high probability that your visa is revoked. As per the information that I could garner, if you have a DUI(conviction does not matter), the consulate would reject your visa next time and ask you to go get a medical certificate from a embassy approved doctor, certifying that you are not an alcoholic. That means you would probably get a bit delayed and I don't know how long for sure, but from what others have described, it usually happens pretty fast. I would recommend that you plan for a 2-4 weeks delay in this process during the India visit and not get surprised later. If everything works out well within a week, good for you.
In my case, the visa got revoked and I informed my employer. I would recommend that you do this too, because they would have to be aware of this at some time - earlier the better. My visa was set to expire last month and I had to file an H1B extension. It got approved without any queries. That means your immigration status remains intact, even though the visa is rejected.
Again, this whole issue was a headache for a month, but once you get a good lawyer, half of your worries will dissipate. Nobody does this on purpose - if I was aware of half of the complications that this causes, would not have incurred this for sure. I make it a point to inform my whole circle about this when we have parties now :)

Wish you all the very best for your marriage - and also wish you a hassle free experience at the consulate.

Good Luck.
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Posted by ashokbe (12) 14 Jun 2016#16
to petepad1:

Thanks for the detailed information. Yes. I have told about the DUI to my employer but not the VISA revoke because I never got any intimation on that. I however will talk to the employer on this that there can be a possibility of VISA revoke. Again, thanks for your wishes. Hope all this ends soon.
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Posted by Samnas (5) 28 Jun 2016#17
to petepad1:

Pete, Thanks for Sharing such valuable info. I had a DUI arrest on June 5th. I got an email from consulate that my visa has been revoked. My I-94 travel history has a departure date of June 8th (same day my visa was revoked) but my Admit until date is D/S(duration of status). My company has appointed qualified immigration attorney to deal with this issue. My current status is F1 and my H1 has got picked, its yet to be approved. My question to you is,
1) did you face similar issue with I-94 travel history, if yes how did you resolve it.
2) did you H1B renewal notice had a I-94 dates on it?
Im going through a lot of stress please help.

Thank you!
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Posted by petepad1 (5) 28 Jun 2016#18
to Samnas:

You don't have to worry about the i94 travel history - even mine shows an exit date that correspond to the date of my visa revoke. When I did a H1B amendment, I got a new i94 number and new validity(corresponding with my H1B extension dates).
Hope everything turns out well for you.
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Posted by Samnas (5) 29 Jun 2016#19
to petepad1:

Thank you so much. I appreciate it. Please keep us posted if you see any other significant development.
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Posted by jayoceanic (2) 04 Jul 2016#20
to petepad1:

Hi petepad1,

First of all thank you for your response here. It's really helpful to a lot of people like me. I've also got the same email recently regarding my revocation of visa. I haven't informed my employer yet which I'll be in a few days only. I'm meeting a couple of immigration lawyers for consultation.

I wanted to know if you or anyone else here went to india for a new stamping. Also, what is the process to get the certificate from the embassy approved doctor ? If anyone has gone through this, it'd be a great help if you can share anything.

My employer is going to start the perm process soon. Does it affect that process ?

Thank you.
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Posted by jb2268 (2) 10 Jul 2016#21
Has anyone been able to get the re-stamping done successfully, after this new law change for revocation of the visa after DUI. What are the chances of rejection during re stamping.. Will re stamp it as long as the medical test turns out okay.
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Posted by abcskapp (22) 15 Jul 2016#22
Hi petepad1
Thanks for your response.
My situation is a little more complex. I came to US after getting my H1 visa stamped in India on vacation. I was arrested for DUI after coming here. I received 2 emails from mumbai consulate that my visa has been revoked. Both are identical but have different case numbers.

My family is still there. My question is that will my spouse and kid's H4 visa also be revoked. Although the second email is same as the first addressed Mr Mylastname. How can I know if their visa has been revoked.
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Posted by vinsach10 (2) 03 Aug 2016#23
to petepad1:

to petepad1:

Was your case resolved when you applied for Extension? Did you submit any court documents related to the arrest/Conviction when you applied for H1B?

I was arrested for DUI in Nov 2015 and I haven't received any communication from the chennai consulate regarding visa revocation nor do I see an exit date in my I94 travel history.

I am not planning to travel out of the country any time soon. However I have applied for H1B transfer.

Mine was a simple DUI (no accidents) and the case is still pending (DA has offered me wet reckless as plea bargain and I am still deciding to accept or not). In the mean time I have got another Job offer and new employer has filed for H1B transfer. This is a full time opportunity and I am wonder if the pending case will have any impact on the H1B transfer petition.

Your feedback is highly appreciated.
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Posted by SmartFish (32) 16 Aug 2016#24
to ashokbe:

Hi Ashok.... Any update on your case? Did you go back to India and got ur Visa stamping?
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Posted by karthiksubbu (10893) 16 Aug 2016#25
to abcskapp:

H1 revocation automatically means any dependent petitions will also follow the same fate.
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