DUI Case & L1 Extension

[rahul13]

I have read lot of old threads but looking to see if someone had a similar situation - Got a DUI in June and judgement is not yet over - Most likely charges will be 1 day in Jail ( Lisence suspension for 90 days , fines etc., ) - My L1B visa is up for extension in November - Would jail hamper the chances fo extension ? Thanks in advance !

[milda]

I don't think it will be a problem.

[Note:- I am sharing my views, contact your attorney for the best advice]

[rahul13]

Ds 156

Thank you Milda - Appreciate your response - While filing for extension i will not be filling DS 156 ( Stamping will be done in India when i visit and yes i will mention YES about the question for Arrests / Conviction ) - Since i will not be mentioning my arrest in the extension ( No option to do so - Employer will be filing for petition extension not DS 156 ) - Would this create issues in the future ?

Thanks in advance !

[Subramanya]

Thank you Milda - Appreciate your response - While filing for extension i will not be filling DS 156 ( Stamping will be done in India when i visit and yes i will mention YES about the question for Arrests / Conviction ) - Since i will not be mentioning my arrest in the extension ( No option to do so - Employer will be filing for petition extension not DS 156 ) - Would this create issues in the future ?

---- You can get your DUI charges expunged depending on the state where you reside. Each state has its own rules and regulations regarding this matter. Speak to the Court office where the case has been sent. In addition speak to a competent attorney about this process in your state and they can handle it better

---- It is possible that when you go for visa stamping interview the VO may question you and ask for documents that may not be with you immediately

---- If you get it expunged it will not show up on your driving and other background records

Subramanya

[rahul13]

Thank you Submramanya - Unfortunately i got DUI in the state of AZ and there is no Expungement ( Driving records will be wiped after 5 years though )

And yes , I will carry all the Court papers with me while going for stamping in India ( Which will not be in the near future )

But would this be an issue while applying just for Extension ( Not stamping ) as i have no way of telling them about my arrest / Conviction ?

Thanks in advance !

[Subramanya]

Thank you Submramanya - Unfortunately i got DUI in the state of AZ and there is no Expungement ( Driving records will be wiped after 5 years though )

And yes , I will carry all the Court papers with me while going for stamping in India ( Which will not be in the near future )

But would this be an issue while applying just for Extension ( Not stamping ) as i have no way of telling them about my arrest / Conviction ?

---- On the face of it they may not know your driving record or any other record. However, if they decide to conduct any background check on your name all the information will turn up

---- Under normal circumstances all this does not happen and hope you will be able to file your H1 extension normally and get it extended for the time period you need

Subramanya

[rahul13]

Thanks very much for your time !

[wi1se]

Do you have an update on what happened with this Rahul13???

Were there any issues in getting the extension?