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Dropped DUI case and first time H1B stamping..

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  • Dropped DUI case and first time H1B stamping..


    I went to US on F1, completd my MS, and was working for two years in Texas.
    in 2014 August, I got arrested for a DUi while changing lanes without using the turn signals at 2.30 AM.
    My BAC was 0.083 during the arrest.
    I contacted a DUI attorney and 6 months later, in March 2015 my charge was dropped to a Class C speeding ticket (Obstruction of traffic) with a fine of 200 $, with no probation or anything.
    I did complete the two mandatory 4 hour and a 12 our DUI class.

    However, in January 2015, my OPT expired and had to return to India.
    I found a new employer in the US and they applied for my H1B and it got accepted.
    I have my interview date in 3 weeks, and am worried if I would be asked a lot of questions about the incident.

    Would it even show up in their system since it was dropped ?
    Should I mention the arrest on my DS 160 form ?
    What all supporting documents should I carry with me to the interview to make sure I can prove that it was indeed dropped ?

    Thanks for the all the help.

  • #2
    There would most likely be questions on the incident, be prepared to answer them with honesty.

    No matter what even if a case is expunged the Immigration authorities can see an arrest record.

    You should definitely put a yes when you populate the DS 160 form.

    In your case you have been arrested for and charged with DUI and convicted of Class C Speeding Ticket.

    In addition to the docs related to your H1 Approval you should also be taking docs regarding the DUI arrest record such as the final court decision, docs showing that you've taken the necessary classes like ASAP etc.,


    • #3
      DUI and Visa Stamping


      Can anyone share their experience of going for H1B visa stamping for second time with a DUI open case? I just got arrested for DUI with BAC of 0.087 and this is my first arrest. My court date is in Feb however, I will have to go to India for personal reasons and get visa stamped.

      please let me know.


      • #4
        what was the outcome, please share your experience?

        Please share your experience and timeline if possible? Did you have to go for medical? How long after medical did you get visa stamp? Please share.