First DUI on H1B

[pranilmore]

I submitted my documents as per the dropbox appointment (9th March). After 10 days, I received 221g with the passport (18th March). I was asked to come for an in-person interview. I was able to book the appointment date using ustraveldocs website. (If you log in using your credentials, you will be able to see the slots available - this is because they had asked me to come for an in-person interview.)

The Visa appointment was scheduled on 24th March at 9:50 AM. Reached the Mumbai embassy at 8:50 AM, showed my appointment confirmation and they let me go inside for the interview. After entering the consulate, one Indian officer was processing all the applicants with 221g. He took all the documents inside and gave the slip (with a counter number where we were asked to go for an interview with VO)
Following was the conversation:
VO: Good Morning.
Me: Good Morning.

VO: Give me your documents
Me: Gave my documents and asked me about my designation
VO: Asked me about the company name and job responsibilities.
Me: Told
VO: What do you have from Court?
Me: Gave court documents.
VO: Asked me what happened.
Me: Told him that I took the wrong decision of driving the vehicle, etc.
VO: Typed something on the computer. He said you seem to be already aware of the process (said this because of I had a letter from my immigration lawyer which I had hired) and he gave me the 221g for medical examination.
Me: Yes. Took the 221g.

I went to the Rele Clinic the same day, did all the tests (blood tests, x-ray, physician tests), and also took the psychiatrist appointment the same day. The psychiatrist asked me questions about my background, my work experience, my personal life, my family background, what happened on the day I got DUI, and asked me my India contact details. He said he will contact me if there is anything needed from me.
I submitted all the documents to the embassy on (30th March). Now, waiting for my passport to be delivered to the given address.

Just today 7th April, I checked my application status, and the visa has been issued.


To help everyone, just hire a good criminal attorney (try to get charges reduced to wet reckless or reckless driving even better) and good immigration lawyer. They will walk you through the entire process. Don't worry people, Your visa will get approved. Just don't do the same mistake of drink and driving again.

[Hyd6]

pranilmore thank you for your detailed explanation. I think my situation is the same as you. My attorney is taking the plea offer to reduce to wet reckless this Friday, which would mean adjudication withheld, then I would have probation, and complete all other fine and other conditions. So thank you for all your responses.

[Vik9779]

pranilmore - Thanks a lot for sharing your experience. I'm glad things worked out for you. I'm trying to get my charges dropped to reckless driving this month and planning on travelling for visa interview this summer. I have a few questions for you, if you don't mind answering. It would help ease my anxiety a lot -

1) What was your final plea agreement? (Did you get a level B or a level C misdemeanor for reckless driving? Did court document mention anything about alcohol?)
2) Did you not have the option to go for a visa interview directly or is dropbox the only option at first?
3) What was the nature of the letter you got from your immigration attorney that you took to the visa interview?
3) When were you able to pick up your stamped passport? Did you have any issues with TSA travelling back to the US?

Again, thanks a lot! Your positive experience has helped give me some hope on my case. Thanks

[Vik9779]

Did anybody else on this thread go through a similar experience? I'm planning on travelling back to India for stamping later this year and curious about other people's VI experience after a conviction. Please share

[srpal]

I have a DUI which was negotiated to a reckless(there is no wet reckless in Washington). Does anyone have a good immigration lawyer reference for DUI.

[karthik112982]

I was charged with a DUI charge on 07/31/22 in michigan,US post which I moved to Canada due to my visa maxout and i am currently in work permit. As per bond condition, I am taking breathalyzer tests right from September from canada via Portable mobile breathalyzer. The DUI charge was reduced to Reckless driving and probation sentencing was given for 2 years to continue the tests and with counselling. I am planning to apply for H1B as my I-140 was approved las month. Can anyone let know if this will have any implication on m H1B petition or stamping due to this reduced charge of reckless driving with the probation not yet fully closed. Appreciate any help or guidance.

[duijune2019]

I was charged with a DUI charge on 07/31/22 in michigan,US post which I moved to Canada due to my visa maxout and i am currently in work permit. As per bond condition, I am taking breathalyzer tests right from September from canada via Portable mobile breathalyzer. The DUI charge was reduced to Reckless driving and probation sentencing was given for 2 years to continue the tests and with counselling. I am planning to apply for H1B as my I-140 was approved las month. Can anyone let know if this will have any implication on m H1B petition or stamping due to this reduced charge of reckless driving with the probation not yet fully closed. Appreciate any help or guidance.

How did you go to Canada with a dui. I m in the same boat. My Visa is about to be maxed out and my company is okay to send me to Canada. I m having a call with my employer on Monday. Can you please let me know about the process of getting a Canadian work permit with a dui? Thanks for your help

[libraaliennetworkred]

To increase your chance of getting charges dismissed, it is important to focus on building a strong defense. Pretrial diversion programs or plea bargains may not be helpful, as immigration law still considers convictions. Avoid providing breathalyzer test, as they can serve as strong evidence against you.

[udaybharati20]

Just want to know which letter from attorney you provided during visa interview? Thank you!