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Going to India on H1b with DUI

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Posted by PK0711 (3) 13 Jan 2018#26
Hi,

I got DUI in 2016 July and was convicted when I was on F1-OPT visa. I got an email right after 4 days saying your visa will be void when I leave USA. Now I just got my H1B approved this week.

Is it safe to go to India for stamping. If not what would be the risks.

Thanks a lot in advance for your opinions.
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Posted by spideey666 (6657)   13 Jan 2018#27
to PK0711:

That was for your F1 visa. You already have h1b now. You have to get stamping done anyway. So there is nothing to worry here.
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Posted by PK0711 (3) 14 Jan 2018#28
to spideey666:

Thank you so much for the advice.
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Posted by crystalball (72) 14 Jan 2018#29
to PK0711:

I would recommend that you consult a reputable immigration attorney before making decisions especially ones that involve convictions. Better be safe than sorry. Good luck!
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Posted by h1bworker1313 (5) 15 Jan 2018#30
to PK0711:


I am not sure if you can get any visa stamped now , are disqualified .
I you are in US try for remain there .
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Posted by cyberdyme (562) 15 Jan 2018#31
to PK0711:


Do you HAVE to go to India ?

You can actually stay in the US for the ENTIRE duration of your H1b without getting the Visa in your passport, that is purely an entry authorization, your Status is granted upon the I-797 H1B Approval.

The act of being granted the H1B - does NOT necessarily guarantee that you will be admitted at the border, there are some very unforgiving people work there and the current administration has empowered their decisions, even if unfairly.

I humbly submit that you would be taking a chance, depending on which officer interviews you at the border.
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Posted by pinkpotato (205) 15 Jan 2018#32
to cyberdyme:

Given anti immigration climate currently, your chances of successful stamping are too bleak. Just my feeeling....
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Posted by natan111 (939) 16 Jan 2018#33
to PK0711:

You can get the visa stamping done but the consulate will request that you take a medical exam given by a panel of physicians assigned by the consulate. This will take more time than the usual stamping procedure would but otherwise you should be okay as long as you pass the exam. Still, traveling with a serious misdemeanor conviction (for DUI of all things) is not advisable. Also, be aware that DUI may become CIMT if some of the newly proposed legislation passes.
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Posted by usdream999 (30) 16 Jan 2018#34
to cyberdyme:

This argument has no logic. What if your employer wants you to visit abroad for business? Would you deny that?

Let's say that OP stayed in US for entire duration of H1. What next? Green card? There will be enough background checks then. It's a situation that one can't escape. Better to consult immigration attorney, go for stamping and face the issue than live in fear for years.
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Posted by sacr (11) 16 Jan 2018#35
to PK0711:

I got a DUI around same time (July 2016) and am currently waiting for H1 be approval (submitted RFE evidence).

I read in other threads that you have to get the medical tests done and plan for at least 30-60days after your visa interview to get the stamped passport back. I have seen people post that they got their passports stamped and enter back into US recently in Dec and January. If you do not have any other charges except for the DUI, you should be fine. Just be advised about the long waits for the stamping. Personally, I would get the stamping as soon as possible before any laws change and I can no longer travel and come back. Good luck!
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Posted by tusy453 (31) 16 Jan 2018#36
to sacr:

Hi Sacr - Can you please share your email id, i am in same position applying for H1 extension. I would like to know details on RFE and documentation that was asked.
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Posted by sacr (11) 16 Jan 2018#37
to tusy453:

Tusy453, To clarify, this is my first H1b attempt.
I got an RFE asking to submit certified court documents and if I have been ever found inadmissable or deportable.

Sending a mail to tusy453@gmail.com if you need anymore information.

~Manoj
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Posted by tusy453 (31) 16 Jan 2018#38
to sacr:

Thank you, appreciate your help.
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Posted by pinkpotato (205) 16 Jan 2018#39
to tusy453:

OP, teri to lag gayi bhai
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Posted by Someon (53) 17 Jan 2018#40
to tusy453:

I got DUI in 2000. Have expunged the records from the court but getting visas stamped have never been easy. Firstly you have to disclose on DS160 where it asks you whether you have ever been arrested and charged. VO ordered my finger prints and sent it to FBI for verification. Took 2 months for the process. The visa was issued and it is mentioned on the visa that "FBI hit, no moral turpitude".
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