DUI arrest on H1-B in Delaware

[A7bajaj]

Update on travel with pending DUI charge

Hello Friends,
I'm in a similar situation. First time simple offense DUI (bac of 0.07); pending charge and need to travel in 2 weeks. The first court date is 2 months out, but will be back by then.

The big concern is if I will have issues at the port of entry.

Please advise. Thanks !

[mike121]

DUI law

Hi,

I recently got arrested for DUI law and the case is still pending. However, I have to go to India for Visa Stamping. It was my first and only arrest.

I was wondering if I someone can throw some more light in terms of what happened if they had their case in recent times, Would like to know what can / should I do before I go for stamping.

Let me know if I can connect with you through emails or phone... thanks

UJ

Hi
Just hire the best lawyer as soon as possible to close the case.

[PryncissQueen]

Good morning i am seeking help fro this I got DUI last week when i was travelling with my wife , no property damage , no over speeding but just i was talking to my wife so my car swivels , and cop saw me and pulled me over. i have to go to court on 21st nov , but yesterday i got an email , stating
, Additional information became available after your visa was issued that indicates you may not be eligible for a visa. Accordingly, your visa has been revoked. If you wish, you may apply for another visa. For more information on how to re-apply, please visit our website at http://www.ustraveldocs.com/in. Sincerely, U.S. Embassy, New Delhi

I have following question
1. i have valid I94 till sep next year , so can i stay here in united state ?
2. do i have to do additional steps regarding i94, if yes then how ?
3. is there any issue with H1B extension and Transfer if you got DUI and didnot travel to your home country to fix and you visa still in revoked state.
4. is there any problem with my wife's H4 visa with my DUI , or she can travel outside united states.
5.can i travel within the unites states.

You need to reapply ASAP... Once you are out of status she is out of status. Her visa is dependent on yours.

[tiar2616]

seeking help for DUI

Good morning i am seeking help fro this I got DUI last week when i was travelling with my wife , no property damage , no over speeding but just i was talking to my wife so my car swivels , and cop saw me and pulled me over. i have to go to court on 21st nov , but yesterday i got an email , stating
, Additional information became available after your visa was issued that indicates you may not be eligible for a visa. Accordingly, your visa has been revoked. If you wish, you may apply for another visa. For more information on how to re-apply, please visit our website at http://www.ustraveldocs.com/in. Sincerely, U.S. Embassy, New Delhi

I have following question
1. i have valid I94 till sep next year , so can i stay here in united state ?
2. do i have to do additional steps regarding i94, if yes then how ?
3. is there any issue with H1B extension and Transfer if you got DUI and didnot travel to your home country to fix and you visa still in revoked state.
4. is there any problem with my wife's H4 visa with my DUI , or she can travel outside united states.
5.can i travel within the unites states.

[utpalj]

DUI help

Hi,

I recently got arrested for DWI and the case is still pending. However, I have to go to India for Visa Stamping. It was my first and only arrest.

I was wondering if I someone can throw some more light in terms of what happened if they had their case in recent times, Would like to know what can / should I do before I go for stamping.

Let me know if I can connect with you through emails or phone... thanks

UJ

[LostinBtw]

High BAC

I'm also in similar situation.

I got a DUI with 0.18 BAC and my case is postponed to 2013 JAN. I want to know what are the immigration consequences with pending DUI case.

1) How will that effect VISA stamping in INDIA with pending DUI case.
2) My H1B visa is about to expire by OCT 2012 and I need to apply the extension anytime after APRIL 2012. - Does it effect with DUI case pending?
3) My employer applied for I140 in NOV 2011 and it's still in Initial Review, will they not approve it until the DUI case is closed.


Thanks
Arjun

Hi Arjun,

I am in a similar situation. Had same BAC.Did you end up going to India and what happened? I did my medical and waiting to hear from the embassy. Thanks.

[nikscares]

Need Help !!! M in Mess

Hi,
I just got charged for DUI. I just need an insight on whether i can get my charges dismissed?
I was driving last night with my frnds, wherein I realised that i was Low on gas. so i found a gas station besides the road and in a hurry to make it i took a turn to gas station from the pavement that has "no left entry" board. still my vehicle was slow and suddenly i saw light flashes on my rear glass. I knew i was Fcked up.

i still maintained the slow speed and parked vehicle on gas station. The Officer came in to me asking whether i was drunk and i admitted that i had two small pegs of Rum.

he called up another officer who then took me through 3 soberity tests, which according to me i did not made any mistake. then he asked me to take a blow test for which i agreed and i blew once....he was not convinced and asked me to blow again. i did that. after that they said that they are taking me under arrest for DUI and asked me if i am ready for a breathanalyser test. I said Yes and they took me to local Jail and had my test there. The reading came out to be 0.082.

I was released on bail after 4 hrs.

My questions are:
1. is there any hope that i can get my case dismissed on above incidences?
2. should i Hire a Local attorney and that will help me get rid of charges.
3. If i m not able to get rid of charges, how much minimal charge m I looking in for?

Forgot to mention, this is my first offence.
Also i m on L1 Visa so i am concerned if results of this hearing can affect my immigration process if i am visiting india in future months and coming back.

your suggestions would greatly help me.

Niks.

[abhi_272]

thanks for the post !!

@duimess, thank you so much for a detailed information.
unfortunately i m in the similar case and my court date is this 16th. i hired a good attorney. i m praying god for a best possible outcome other than DUI. and will update you all with a complete information as 'duimess' has done.

as many mentioned here. "IF YOU DRINK, DON'T DRIVE. PERIOD! " ....not worth the pain, its an emotional journey from here on

[justicseeker]

Arrest on 498a

Hi All,

This is very useful thread, members clearly explained about the incidents they undergone.

My situation is similar to it but I was arrested in India under 498A a dowry related false case filed by my wife.

What should I say during interview?

I am on Bail now and I have court permission to leave the country.

Thanks & regards,
Justice Seeker

[peaceofmind]

no need to worry about DUI 1st offence

Hi All

For all those on h1 visa and got 1st DUI (misdemeanor)

1) DUI has no impact on H1b transfer or visa stamping.But only during the visa stamping
you may be asked to meet panel physician who will check your mental status
and blood tests to see whether u were acute alcoholic or chronic.Even if u r chronic alcoholic
it has no impact unless u r mentally sick.

2) DUI has no impact on getting full time job oppurtunities in IT companies in usa.

3) Only impact is slight increase in insurance cost on your car and mostly this will be double that
of what you are paying now and also it depends on the area where u are.

My peace of advice is not panic even if u r convicted for 1st DUI but i would suggest not to drink and drive ever again.

[arjunk99]

Helo needed DUI pending case and need to travel to India

I'm also in similar situation.

I got a DUI with 0.18 BAC and my case is postponed to 2013 JAN. I want to know what are the immigration consequences with pending DUI case.

1) How will that effect VISA stamping in INDIA with pending DUI case.
2) My H1B visa is about to expire by OCT 2012 and I need to apply the extension anytime after APRIL 2012. - Does it effect with DUI case pending?
3) My employer applied for I140 in NOV 2011 and it's still in Initial Review, will they not approve it until the DUI case is closed.


Thanks
Arjun

[Nemesis]

Hi,
i have the DUI case and i am on H1-B visa and going to India for vacation...will i have any problem or during return at US immigration?

Thanks

[duimess]

Arrest - lawyer - outcome

First off thanks to immihelp and txh1b... this forum has really helped a lot in research

If u read this thread you would know that as most of u reading this thread I got into a real mess with DUI arrest in Wilmington DE.

I want to share my experience and events for this incident so that someone else (god willing this never happens with anyone) in the same situation can get some idea of how this whole thing works out

ARREST
So I got arrested in 07/19/10... I was taking a ramp to highway when I lost control of the car and hit the concrete border on the ramp head on... my car was heavily damaged and I couldn’t drive and bring it back to home...I waited at the scene for AAA to arrive as I dint think I was that drunk.. I had consumed 2 to 3 orders of scotch at a bar… but dint eat as I was not feeling good that day.

After about an hour a passing cop stopped by and asked me if I needed some help.. I told him I was waiting for AAA to arrive and would be fine once the car is picked from the scene... He asked me if I have been drinking and I said I had couple of beers... BIG MISTAKE... never admit u have been drinking if u get in an accident... this prompted the cop to call a state trooper who came and administered a field sobririty test... well needless to say he found some influence and arrested me. After my arrest I took breathalyzer test on machine at the station which showed a BAC of 0.088... Just 0.008 over the state limit... well I was charged with DUI and thus began the nightmare...

DUI LAWYER – IMMIGRATION CONSULTATIONS
After searching for lawyers day and night by god’s grace I found lawyer - Kevin O'Neil... excellent guy but a little pushy and aggressive at first... still I felt that he was aggressive in a good way... my bill 2 G's before the date of hearing

Well i met a lot of immigration lawyers who basically told me that i had nothing to worry about from an immigration perspective as DUI isn’t a CIMT (Crime Involving Moral Turpitude). The only issue would be hassle at every step from there on...additional background checks.... clear marking that I got arrested on each and every immigration form... THIS IS A REAL ISSUE...

ADVICE
Do not travel out of country if you do not have the outcome of your case in hand (from a lot of online reading)

DAY OF COURT (09/25/10)
On the date of the court... to my despair the cop showed up (no chance of case dropping).... I believe key to this issue is good lawyer... My lawyer changed the court to the one where he had more experience with... In other words he had dealt with the judge and had a good background on prosecutor... my slot was at 1 PM, I was there at 12:15 PM... Basically prosecutor came in around 12:40 PM and most of the lawyers directly went to her chambers... my lawyers plead my case with her and tried to get the least penalty.... Prosecutor said she would only give me First offenders course... which is basically as good as a DUI conviction you have to plead guilty to the charge... my lawyer said he would want more time and will come back in some time to discuss with her... he let all the other cases/lawyers go before him and waited for his turn again with the prosecutor... we were the last ones in the court by 3 PM. the cop had to wait until then... not to mention that he had to come all the way on the other end of the city to be in court.. At 3 PM, things worked out... Cop was helpful (probably frustrated as it was Friday)... My lawyer went in again and spoke to the prosecutor and asked the cop about my behavior and background... Cop said my conduct was good and background clear... prosecutor suggested dropping the charge from DUI to Reckless driving alcohol related... my lawyer suggested I have an H1-B and may have immigration concerns... and negotiated further with the prosecutor.... at the end prosecutor agreed to a charge of plain reckless driving - (no relation to alcohol at all)... when I went in front of the Judge and she heard that I was getting clean reckless driving she checked again with prosecutor and smiled at me... I knew I was out of harm’s way... i was fined $ 200 and 6 points on my license..... pppphhheeeewww

IMMIGRATION IMPLICATION AND STAMPING AT MUMBAI
After getting a clean chit from court I wanted to make sure I got my immigration straightened out… I had to go for my H1-B stamping as I travel abroad for work... I got a date in April 2010 at Mumbai and while filing the immigration form clearly mentioned that I was arrested. In the space provided I mentioned in detail that I was arrested under suspicion of DUI and later the charge was dropped to reckless driving. To be honest I was very scared as my immigration lawyer suggested I should not divulge more information… only mention arrested for reckless driving, my conscious did not agree and I went on to mention exact detail with case number… I had already taken certified copies of my court disposition document on the day of my court case. Additionally I got a state background check done and got certified copies (luckily my criminal history was clean and the report was blank)
On the day of interview I thought for sure they would ask me a lot of questions and make me go through various medical and psychological tests… Luckily by god’s grace I was called to the counter and no question related to arrest was asked.. They only asked for my job description and company background. I got the visa without any issues… no questions asked. Point to note – I was never fingerprinted when I was arrested.. Maybe that’s why nothing raised much issue at immigration..

BASICALLY, SINCE I WAS NOT CONVICTED WITH DUI I HAD NO ISSUE WITH IMMIGRATION… THANK GOD… I PRAY TO GOD THAT NOONE HAS TO GO THROUGH THIS ISSUE… GUYS’ HONESTLY DRINKING AND DRIVING HOW EVER LIGHT DRINKING U MAY HAVE IS NOT COOL… IF CAUGHT PEOPLE LIKE US WHO WANT TO MAKE MONEY AND LIVE BETTER LIFE GET SCREWED….

Hope this detailed article helps the readers…
Regards

[txh1b]

Don't pjust pray. Invest $$$ in a strong lawyer with connections and please don't drink and drive. It isn't fun to get charged with involuntary manslaughter if someone dies in an accident.

[duimess]

Thanks for responding...

Yes I am praying to god the outcome is dismissal or worst a reckless driving charge -- i will keep everyone posted on how it goes

Thanks