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Effect of DUI on H1B visa

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  • Effect of DUI on H1B visa

    Hi,

    I had DUI few months ago ,
    But still not convicted yet. Hired a Lawyer.
    I Booked an appointment in mexico for my H1B in for december.
    What should I answer for the question 38 in DS-156,
    i.e. Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

    I am still under the impression that I should be able to answer NO, since charges/offense has not been proved or convicted yet. atleast, I am still under the impression that it can not be called as an offense since not been proved or convicted yet and I won't be convicted until my visa interview.

    Is it okay to answer NO, if not then what should I do..?
    What will be the consequences if I answer NO?
    Sorry for asking too many questions, but please help me.

    I am in a totally confused/scared state .

    Please help me.

    Thankyou.

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