Tweet
Hi,
I wanted to share the whole experience because I regret my decision for sitting behind the wheel whenI was drunk. Many of you may have done it, One unwise decision shouldn't spoil your career or life. However, if you believe that it was one time mistake and I am sure you can get out of it. Below is my experience and result.
I was arrested for DUI on May 31st 2018 and BAC was 0.110. I was asked to appear in the court. However my visa was revoked automatically on the same night when i was arrested. From 2016 any non-immigrant visa arrests will lead to automatic VISA revocation. Make sure you always have a working email address registered in UStraveldocs .
So, coming to my DUI case I had to hire two layers - one criminal layer who can handle my DUI case because DUI is considered as criminal misdemeanor and Immigration Attorney is to advise about your immigration status.
BTW, my drivers license was cancelled too.
My court hearing was scheduled in the month of July 2018 and filed a PLED NOT GUILTY and entered into Diversion program. This program is nothing but a probation. You have to do following things.
1. Complete 40-80hrs of community service depending on your prosecutor decision
2. Attend MADD class
3. pay fine- for me it was $350
4. One year / until the program has successfully completed - you are not supposed to leave the country without informing the Judge or the court
5. Psych evaluation
I have completed the whole thing in 1 month and filed for case dismissal. Usually cases cannot be dismissed until 365days period but if you can convince your lawyer the urgency they are capable of pushing it faster.
I applied for my first OPT EAD on June 10th 2018 while my DUI case was still pending.
My lawyer was able to convince the court regarding my OPT approval risk and Judge was generous enough to dismiss my case as I completed the program as per the instructions given by the court.
My DUI case was dismissed in the month of September 2018. But it was still available for public records that I was arrested for DUI, which is a high risk to get a job in the US.
So I consulted my immigration and criminal attorney for the advise, We all agreed to file an Expungement of my case but it was very too early to do that. However, Attorneys are capable of convincing the court if you have a strong reason and you are good to everyone and bear the necessary expenses.
My case was expunged on 28th of November 2018. It was wiped off from all public records along with DMV, police stations ,sheriffs office, community service center, MADD, Pshyc doctor's office and even in court's file.
On November 15th 2018 I received a letter from USCIS saying the my OPT is under NOID -(Notification of intent to deny) due to DUI arrest. Provide the necessary documents if you are NOT CONVICTED and decision will depend on the case severity.
This is where immigration attorney comes into the picture. My lawyer ordered all the necessary documents from the court even before the expungement. She prepared a packet to USCIS with the answer why my OPT shouldn't be denied because I was NOT convicted . Attorney's office mailed it to USCIS along with the NOID letter received from USCIS.
after 10days my OPT was approved successfully.
I got a job and started working from Jan 2019.
As I said my visa was revoked and I cannot re-enter USA if I travel abroad. I had to visit India for my wedding in Nov 2019. I consulted my immigration attorney before my travel. She asked me to answer the truth and do no lie in DS160. I checked arrested as YES and applied for my F1 visa renewal on Oct 26th 2019 the next day I landed in India.
For some reason officer was not ready to see my court documents and he asked me about DUI and I was honest. He gave me 214(b) which was unusual for a renewal process. So my attorney prepared a new letter this time for the consulate and emailed it to me and asked me to reschedule a new appointment.
First time it was rejected under 214b in Hyderabad and now I scheduled it in chennai consulate after 3 weeks. I am married now and went to the chennai consulate on Nov 19th for an interview.
Here is the badluck, I was assigned to the same officer who rejected my visa in hyderabad 3 weeks ago. what are odds of getting into this situation (1 in millions). He saw my case and gave me a sarcastic smile and asked me why chennai. I was honest and told him it was rejected couple of weeks ago in hyderabad, and it was you who denied it, and mentioned that you are free to re-apply anytime but case is denied this time. So, I couldn't find any new appointments until january in hyderabad.
Officer: well, I will give you a fair chance this time. take your passport and i20 . Walk to any other window except mine. Good Luck.
Me: OMG!!! I have no words. I said thank you so much and asked staff to assign me to some other officer.
New officer: Hi Good Morning, how are you?
Me: Good Morning , I am doing good. thanks for asking.
New officer: Please give me your passport, i20, ds160
Me: Sure, here are the documents
New officer: So, you had a DUI? when was this DUI?
Me: Yes, I was arrested in may 2018 almost an year and half ago and I was NOT convicted and my case was dismissed by the court later
New officer: ok, can I see your court documents ?
Me: Sure. Here is the letter from my attorney attached with the court documents.
New officer: She read the whole letter of explanation why I shouldn't be denied under 214(b) and my immediate family lives in India.
officer took the documents to the senior officer and came back after 2 minutes.
New officer: What was your BAC
Me: 0.110
New officer: what are you doing now in the US?
Me: I am working for an employer XYZ as a Database Administrator and Programmer. Lot of things have changed from past one year. That was one bad decision when I was a student. Now I am married , working and more responsible.
New officer: When did you graduate?
Me: Aug 2018
New officer: What is your pay now?
Me: XYZ per month
New officer: so ABC amount per year?
Me: No ABC after taxes. Before taxes ABC**23(Exact annual pay)
I answered per month because in DS160 I mentioned it monthly. Be honest with your every answer.
New officer: Well, I need to make a copy of your court documents, I don't need attorney's letter anymore. you can take it back. Please be seated I will call you in 5minutes.
She gave me a waiting slip
New officer: Called me. Ok, after reviewing your case, you need to go through our medical center for physical and pshycological evaluation before we take this case further and she handed me 221g and Apollo Hospital chennai contact details
Me: Thank you Ma'am. Have a great rest of your day.
I called Apollo and scheduled my appointment on 25th november as there was a weekend.
Attended for Medical test in chennai on 25th of November 2019
1. Blood
2. Urine
3. Eye, hearing
4. Chest XRAY
5. Psychological evaluation by Psychiatrist
Doctor asked me number of questions regarding my drinking habits. As I wasn't drinking since then so I was good and told her the same thing.
Explained why I was behind the wheel that night and she said everything is good but one unwise decision in your life, I hope you won't repeat and risk yours and other lives on the road.
Reports will be sent directly to the consulate. so I left.
It was a thanksgiving break so my case was not updated for a week.
On Dec 11th , I received an email to pickup a document in Hyderabad VAC. It was 221(g), They asked me to submit my passport and 221g submission letter in any of the dropbox locations VACs
I submitted it right away and my passport was delivered to chennai on dec12th 2019
Since, Nov19th my case was under "Administrative Pending"
case was updated on Nov 20th with same status.
After submitting my passport, case was updated again after a month on Dec 18th but still it says " Administrative Processing"
Dec 23rd 2019, I called US Consulate Helpline to see whats happening but they said I still have to wait until the status changes.
It is going to be a Christmas Break this week. Today is 23rd december. I hope I will hear something today or else after holidays.
I will keep you posted guys.
Sorry for the long story but I wanted to share my experience and hoping for the best.
UPDATE: My visa was approved on January 15th, 2020 and Delivered to Hyderabad VAC for pickup after 4 days. I was back in the US on Jan 25th.
I faced some hurdles at Port of entry, but again be honest what you say and be confident. Stick to the same story what you have answered to Visa officer before approval. At port of entry officers have access to every single detail of your case.
Thanks,
I wanted to share the whole experience because I regret my decision for sitting behind the wheel whenI was drunk. Many of you may have done it, One unwise decision shouldn't spoil your career or life. However, if you believe that it was one time mistake and I am sure you can get out of it. Below is my experience and result.
I was arrested for DUI on May 31st 2018 and BAC was 0.110. I was asked to appear in the court. However my visa was revoked automatically on the same night when i was arrested. From 2016 any non-immigrant visa arrests will lead to automatic VISA revocation. Make sure you always have a working email address registered in UStraveldocs .
So, coming to my DUI case I had to hire two layers - one criminal layer who can handle my DUI case because DUI is considered as criminal misdemeanor and Immigration Attorney is to advise about your immigration status.
BTW, my drivers license was cancelled too.
My court hearing was scheduled in the month of July 2018 and filed a PLED NOT GUILTY and entered into Diversion program. This program is nothing but a probation. You have to do following things.
1. Complete 40-80hrs of community service depending on your prosecutor decision
2. Attend MADD class
3. pay fine- for me it was $350
4. One year / until the program has successfully completed - you are not supposed to leave the country without informing the Judge or the court
5. Psych evaluation
I have completed the whole thing in 1 month and filed for case dismissal. Usually cases cannot be dismissed until 365days period but if you can convince your lawyer the urgency they are capable of pushing it faster.
I applied for my first OPT EAD on June 10th 2018 while my DUI case was still pending.
My lawyer was able to convince the court regarding my OPT approval risk and Judge was generous enough to dismiss my case as I completed the program as per the instructions given by the court.
My DUI case was dismissed in the month of September 2018. But it was still available for public records that I was arrested for DUI, which is a high risk to get a job in the US.
So I consulted my immigration and criminal attorney for the advise, We all agreed to file an Expungement of my case but it was very too early to do that. However, Attorneys are capable of convincing the court if you have a strong reason and you are good to everyone and bear the necessary expenses.
My case was expunged on 28th of November 2018. It was wiped off from all public records along with DMV, police stations ,sheriffs office, community service center, MADD, Pshyc doctor's office and even in court's file.
On November 15th 2018 I received a letter from USCIS saying the my OPT is under NOID -(Notification of intent to deny) due to DUI arrest. Provide the necessary documents if you are NOT CONVICTED and decision will depend on the case severity.
This is where immigration attorney comes into the picture. My lawyer ordered all the necessary documents from the court even before the expungement. She prepared a packet to USCIS with the answer why my OPT shouldn't be denied because I was NOT convicted . Attorney's office mailed it to USCIS along with the NOID letter received from USCIS.
after 10days my OPT was approved successfully.
I got a job and started working from Jan 2019.
As I said my visa was revoked and I cannot re-enter USA if I travel abroad. I had to visit India for my wedding in Nov 2019. I consulted my immigration attorney before my travel. She asked me to answer the truth and do no lie in DS160. I checked arrested as YES and applied for my F1 visa renewal on Oct 26th 2019 the next day I landed in India.
For some reason officer was not ready to see my court documents and he asked me about DUI and I was honest. He gave me 214(b) which was unusual for a renewal process. So my attorney prepared a new letter this time for the consulate and emailed it to me and asked me to reschedule a new appointment.
First time it was rejected under 214b in Hyderabad and now I scheduled it in chennai consulate after 3 weeks. I am married now and went to the chennai consulate on Nov 19th for an interview.
Here is the badluck, I was assigned to the same officer who rejected my visa in hyderabad 3 weeks ago. what are odds of getting into this situation (1 in millions). He saw my case and gave me a sarcastic smile and asked me why chennai. I was honest and told him it was rejected couple of weeks ago in hyderabad, and it was you who denied it, and mentioned that you are free to re-apply anytime but case is denied this time. So, I couldn't find any new appointments until january in hyderabad.
Officer: well, I will give you a fair chance this time. take your passport and i20 . Walk to any other window except mine. Good Luck.
Me: OMG!!! I have no words. I said thank you so much and asked staff to assign me to some other officer.
New officer: Hi Good Morning, how are you?
Me: Good Morning , I am doing good. thanks for asking.
New officer: Please give me your passport, i20, ds160
Me: Sure, here are the documents
New officer: So, you had a DUI? when was this DUI?
Me: Yes, I was arrested in may 2018 almost an year and half ago and I was NOT convicted and my case was dismissed by the court later
New officer: ok, can I see your court documents ?
Me: Sure. Here is the letter from my attorney attached with the court documents.
New officer: She read the whole letter of explanation why I shouldn't be denied under 214(b) and my immediate family lives in India.
officer took the documents to the senior officer and came back after 2 minutes.
New officer: What was your BAC
Me: 0.110
New officer: what are you doing now in the US?
Me: I am working for an employer XYZ as a Database Administrator and Programmer. Lot of things have changed from past one year. That was one bad decision when I was a student. Now I am married , working and more responsible.
New officer: When did you graduate?
Me: Aug 2018
New officer: What is your pay now?
Me: XYZ per month
New officer: so ABC amount per year?
Me: No ABC after taxes. Before taxes ABC**23(Exact annual pay)
I answered per month because in DS160 I mentioned it monthly. Be honest with your every answer.
New officer: Well, I need to make a copy of your court documents, I don't need attorney's letter anymore. you can take it back. Please be seated I will call you in 5minutes.
She gave me a waiting slip
New officer: Called me. Ok, after reviewing your case, you need to go through our medical center for physical and pshycological evaluation before we take this case further and she handed me 221g and Apollo Hospital chennai contact details
Me: Thank you Ma'am. Have a great rest of your day.
I called Apollo and scheduled my appointment on 25th november as there was a weekend.
Attended for Medical test in chennai on 25th of November 2019
1. Blood
2. Urine
3. Eye, hearing
4. Chest XRAY
5. Psychological evaluation by Psychiatrist
Doctor asked me number of questions regarding my drinking habits. As I wasn't drinking since then so I was good and told her the same thing.
Explained why I was behind the wheel that night and she said everything is good but one unwise decision in your life, I hope you won't repeat and risk yours and other lives on the road.
Reports will be sent directly to the consulate. so I left.
It was a thanksgiving break so my case was not updated for a week.
On Dec 11th , I received an email to pickup a document in Hyderabad VAC. It was 221(g), They asked me to submit my passport and 221g submission letter in any of the dropbox locations VACs
I submitted it right away and my passport was delivered to chennai on dec12th 2019
Since, Nov19th my case was under "Administrative Pending"
case was updated on Nov 20th with same status.
After submitting my passport, case was updated again after a month on Dec 18th but still it says " Administrative Processing"
Dec 23rd 2019, I called US Consulate Helpline to see whats happening but they said I still have to wait until the status changes.
It is going to be a Christmas Break this week. Today is 23rd december. I hope I will hear something today or else after holidays.
I will keep you posted guys.
Sorry for the long story but I wanted to share my experience and hoping for the best.
UPDATE: My visa was approved on January 15th, 2020 and Delivered to Hyderabad VAC for pickup after 4 days. I was back in the US on Jan 25th.
I faced some hurdles at Port of entry, but again be honest what you say and be confident. Stick to the same story what you have answered to Visa officer before approval. At port of entry officers have access to every single detail of your case.
Thanks,
Comment