Mumbai/Delhi/Chennai. H1 Stamping after Arrest.

[Ruben]

Accident in Dec 2006. Arrested for DUI (0.02)and given 3 total tickets (failure to maintain control, DUI and unreasonable speed)
Feb 2007. The court amended the DUI to reckless driving and dismissed the other two tickets. No judgement since guilty plead and fine paid.
Now, during H1 stamping in DS-156 I know I have to say arrested, but when questioned do I say convicted?

What do I need to take with me. I have asked the court to give the Certified Disposition which I believe says that the 3 tickets were issued, 2 dismissed and DUI amended to reckless driving (due to very low BAC- state law is 0.08)

Is there any problems that can happen? Do I have to go to Medical Evaluation? I hear chennai is getting strict on alcohol related cases. Will my case be alcohol related or traffic related? Can I go to Bombay or Delhi? I am from Karnataka and we usually go to Chennai. (Though, I've never been to Chennai since I got my F1 thru drop-box from chennai and got first H1 stamping in calgary.

Any help is appreicated. Thanks.

[txh1b]

I would say go to Canada. A plea bargain is counted as a conviction. You are convicted for the lower charge of reckless driving and that is what you are required to say if asked. No need to mention about DUI as what you were charged with is less important than your final conviction.

[Ruben]

ok. I heard Canada does not give Visit visa to enter there if you say arrested and they check anything about alcohol. Also, as of now I cannot find dates in Canada/Bahamas/Mexico... and after the PIMS am concerned if they make me wait in there for 2 or 3 weeks...

whats the impact if I go to India.. what documents may I need to take with me about this arrest and "conviction"?

I am planning a trip to India in December so I'd prefer the consulate in India.. can I chose mumbai or delhi over chennai? or should i go to chennai since am from karnataka?

[txh1b]

Arrest will not disqualify you from a Canada Visa AFAIK. A DUI conviction would and you don't have a conviction for DUI. Check the Canadian consulate website for more specifics.

[Ruben]

Ok thanks for info about canada.

You are still not answering my point about can i go to mumbai? what docs do i need to take about all this mess?

[txh1b]

You can go as a returning resident from US to any other consulate in India. But they can easily figure out what you are upto and re-direct you to Chennai.

As you were not convicted of a DUI, I would not be too worried.

Take Certified Court records, a letter saying you are not ineligible for the visa from a lawyer explicitly mentioning the sections of the law if possible. Rest is you luck.

[Ruben]

You can go as a returning resident from US to any other consulate in India. But they can easily figure out what you are upto and re-direct you to Chennai.

As you were not convicted of a DUI, I would not be too worried.

Take Certified Court records, a letter saying you are not ineligible for the visa from a lawyer explicitly mentioning the sections of the law if possible. Rest is you luck.

I asked the court for a certified disposition. They certified a Docket sheet and gave me. Since its only reckless driving, the clerk told me there is no judgement and all i have is a list of like 5 "criminals" (lol) that appeared infront of the judge that day. and all their results. Where my DUI is scored off and written as reckless drving. and my other ticket is marked as "dismissed". Its like in a spreadsheet. Now is this all the court can give me? I am asking an attorney to give me the "not inadmissible" letter lets see...

I'd like to go to Canada, Mex or Bahamas too. But, I cant find a date. And if I dont go to India in december I dont know when I'll go again.. havent been there already in 8 years.. lol

[Ruben]

Ok.. someone say I can get date in Mexico.. (canada looks impossible this year).. what are the consequences.. I am thinking Mexico is more strict than canada.. I just read about some VO calling the manager to check.. giving someone 221g.. etc etc.. I got my first stamping 3 yrs ago in Toronto and it was a piece of cake.. Given my history.. how do you think it is for me to go to Mex? Pleaze share your opinion. Thanks.

[txh1b]

If you have a job and working, what is the problem if the VO calls your manager? In fact, they should do that for every H1b to avoid fraudulent employers from sponsoring people.

Get it in your mind, you were NOT convicted for DUI. If it shows up on your face, you will definitely face problems during the interview and a background check will delay your process.

[Ruben]

Dude.. This is what I found in the Canadian US embassy FAQ.. can you comment on it.. it says stopped for dUI...

Non-Canadian Citizens
When applying for a U.S. visa, the applicant must indicate whether there has been any instance of being stopped for driving while intoxicated, whether or not a conviction resulted. If detention resulted, bring proof of the outcome of such detention (conviction). If there has been a single incident within the three years prior to the visa interview, or if there have been two such incidents ever, the applicant will be referred to a designated physician for a medical review. Visa issuance will be delayed pending the outcome of the medical review

[txh1b]

It means what it says. What to comment? You have to indicate the arrest when you apply for the visa.

I am not a dude...

[Ruben]

LOL!! sorry for "dude"

I know it means what it says.. I just needed clarification on.. I was stopped/arrested for DUI, regardless of conviction or not.. I will definitely indicate that and reveal the fact. I agree on that.. now just because I was stopped (and even if not convicted) do I HAVE to go thru medical evaluation.. do you know anything about it.. they talk about a possible delay.. any idea how much delay.. what are they actually evaluating.. anything you can share would be helpful..

Thanks again for everything so for

[txh1b]

No more idea. You have to take it up with the Canadian consulate. Whatever is the delay, no harm in trying.

[adarshnn]

DUI Arrest and Visa Interview

Hi folks,

read the posts in your forum and should say its really helpful.
I'm in a real mess as I have been arrested for DUI on November 1 night.
They had my finger prints taken and blood test taken but they haven't send me any paper work or summons yet. So we don't know any more information.Hoping that my BAC will be in reasonable limits so that I can at least get an ARD

Now I need to go to London for my official work on Nov 7.This cannot be postponed as its really important.I have my visa expired so I cannot return from UK.I'm taking a vacation and will be going to India on Nov 21. trying for an appointment with mumbai consulate on 24 Nov.My question is will my arrest be recorded in the consulate.Since Im not convicted yet,so Im innocent as per US law. I discussed with my lawyer and he asked me to talk to an immigration attorney. talked to my previous employer who handled my visa when I came from India. he said it shud be fine since its an arrest only and I don't have to mention this in DS 156.By the time paper work comes I will be out of country and for this I would go to police station with my itinerary and get things clarified so that they will give me a court date after I return.
Any ideas/suggestions friends...I dont know what to do and my head is spinning...I vowed to quit drinking,smoking and lead a responsible life...
Thanks for your attention..

[txh1b]

You are in a catch 22. Even if you are not yet convicted, you were arrested which has to be disclosed. No exceptions. Consulate has put people in a catch 22 requiring one to produce certified court disposition to issue the visa which cannot happen unless one is in US to attend the court case proceedings for which a visa is needed.

Do not travel until the case is resolved, especially, if you do not have a visa.