H1b visa stamping with dui ( still in informal probation )??

[sun6699]

Hi Everyone,



Thanks for the Attention. In California State, I got arrested for DUI in April 2017 and Convicted for Reckless Driving ( Reduced Offense ) in June 2018. I am still under my Informal Probation which will end by June 2021. I Have been completed my Community Service and paid court fine.



I am planning to go to India for my first H1B ( before it was F1 ) stamping in Feb 2020.



I have read many threads about it. it looks like Administrative Processing is compulsory.
how many months of administrative processing I am looking at ??
whats the risk ??
is there any risk of getting Denial of Visa ??

Please let me know your thoughts. Thanks in advance

[miket]

Hi, my response might not help you sun6699 but could be useful to others who come to this site.

i was caught for DUI in January 2020 in California and due to covid, sentence was given in august. i pled guilty and did the court ordered alcohol classes, paid fines, installed ignition interlock device and AA classes. i was also placed under 3 year informal probation until august 2023.

i completed all classes and paid all fines, except for probation until 2023 august everything else is taken care of.

i decided to visit India in April 2022 and did some research regarding people who went for stamping while on informal probation and didn't find any helpful suggestions. But with my lawyer suggestion i came to india.

i had my appointment on April 7th for dropbox. submitted required documents (not dui related), mentioned that i was arrested for dui in ds160. 1 week after i submitted case status is updated to refused. Got an email from consulate to attend interview on april 29th

April 7th : Drop box - submitted documents(not dui related) and mentioned regarding arrest in ds160
April 15th : Status changed to refused
April 19th : got an email from consulate to attend an interview on 29th
April 29th: Took all dui related docs and officer asked me about my arrest. Take court disposition (i got this from court and my disposition didn't even say case closed since i am still in probation), police report, letter from lawyer that you are in informal probation and free to travel. These documents should be good. Officer took scans of these documents and handed over 221g slip to go to panel physician
May 5th: Went to panel physician and its mental and physical evaluation. remember your visa is dependent on doctor. be careful while undergoing mental evaluation and answer honestly
may 10th: CMM has submitted my medical reports to consulate
June 7th: got an email from consulate to submit my passport for further processing
June 9th : submitted my passport and status changed to administrative processing
June 14th: Status changed to issued

i came while in informal probation and visa got approved, so anyone want to visit India while on information probation but completed all remaining ordered by court , you can visit and get stamping done