B1/B2 Visa after DUI on H1-B

[b1b2question]

Hello,

I wanted to share my experience applying for (& successfully getting) a B1/B2 visa after being convicted of a DUI misdemeanor and Hit-n-Run misdemeanor while I was in the US working on an H1-B visa.

DUI related background:

• I had been studying, living, and working in the US since 2010 (F1, then H1B) and was all set to move back home to India in March 2019.
• I was involved in a car accident and was charged with DUI and Hit-n-Run on Feb 3, 2019. The court date/hearing was scheduled for Apr 04, 2019.
• As planned, on Feb 28 2019, I moved back to India. I hired a DUI attorney on retainer to represent me for the court hearings.
• On Apr 04, 2019 I was convicted of a DUI misdemeanor and Hit-n-Run misdemeanor and was ordered to a) pay a $2000 fine b) Take a 32 hour DUI course online and c) Perform 88 hours of community service (in India). This was my first such charge. I don't have any priors.
• The next court hearing was set for Aug 28, 2019 by which time I was supposed to finish b) and c) and at least start making monthly payments towards a) or pay it in full. I finished all 3 things by July 20, 2019.

Visa interview details:
I had moved from the US to India working for the same employer and they wanted me to visit the US for a conference in Sep 2019.

• VAC appointment: Aug 2 2019 @ Mumbai
• Consulate appointment: Aug 23 2019 @ Kolkata
• Questions at the consulate appointment:

1. How long have you been with your employer?
2. What is your income?
3. Why do you want to go to the US?
4. Please elaborate about the circumstances surrounding your arrest - I explained in full and provided them with the court related documents.

• I was refused a visa at that point and presented with a 221(g) since they wanted me to get medical tests (physical + psych) done before they would issue a visa.
• The 221(g) letter had a list of clinics from where I could get the tests done. There are only a few specific clinics from where the consulate will accept the test results. They are located in Mumbai, Delhi, Mohali, Ahmedabad, Surat, Hyderabad, Chennai. The numbers for the clinics in Hyderabad & Chennai were incorrect. I managed to get an appointment at the clinic in Mumbai (Rele Clinic) for Aug 26, 2019. The clinic was required to send the result directly to the consulate.

Medical Tests & Visa Issuance:

• I reached the clinic early in the morning. They were fully aware of all the tests required as well as the procedure to send the results to the consulate.
• After all the physical tests were done, they sent me to for the psych evaluation to another doctor nearby. By 1.30pm on that day, I was done with all the tests.
• On Aug 28 2019, the clinic in Mumbai sent all the test results to the consulate in Kolkata. I tracked the courier and it was received by the consulate on Aug 29.
• On Aug 30, I received an email from the consulate asking me to drop-off my passport, the 221(g) letter, and a print of that email to a VFS collection center of my choice.
• I dropped off the passport on Aug 30 itself.
• I was checking the status of my application everyday after that and on Sep 6 2019, the status said that the visa was issued
• The consulate dispatched the passport to me on Sep 9 and I received it in my house on Sep 10. I was granted a 10 year multiple entry B1/B2 visa.

For anyone who is in a similar situation, please feel free to message me or post any questions you have below.

[Loncanbhi1991]

Hi,

Were you arrested for the DUI and the accident? And what did the medical report say?