Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Non-Immigrant Visa
Click to log in with Facebook
Non-Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 03-12-2013, 08:55 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Mar 2013
Posts: 1
rajk789123 is on a distinguished road
Default H1B Stamping with DUI 221G

I went to india for my H1B Stamping in November 2012 and i had a DUI in May 2012 . In my Interview Visa Officer gave me 221g saying DUI in past 12 motnhs and referred me to Panel Physician and in the medical report doctor told me my reports are fine and i dont have any issues so on Jan 8th i was asked to submit my Court Documents I submitted my court documents .

Yesterday i got an email from Hyderabad Consulate that

"Based on the documents you submitted to us and the information elicited in your interview with an American consular officer, you were determined ineligible for an H1B work visa, and your petition will be return to the Kentucky Consular Center (KCC) . Once KCC receives a petition, it is returned to the approving office of the United States Citizenship and Immigration Service (USCIS) for review and possible revocation."

I wanted to know what can i do at this time . Will contacting attorney help me in solving this issue . I know many people who got DUI got their Visa Stamped after getting positive medical report , the only difference is that my DUI is in past 12 months but i took permission to travel outside country . I paid all my fines , finished classes and took permission from court to travel outside country to INDIA .

Now i am confused what i have to do ? Please help me on further steps i do not want to loose My Visa .

Thanks.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 03-12-2013, 11:25 AM
Senior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2009
Posts: 262
ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute
Default

Quote:
Originally Posted by rajk789123 View Post
I went to india for my H1B Stamping in November 2012 and i had a DUI in May 2012 . In my Interview Visa Officer gave me 221g saying DUI in past 12 motnhs and referred me to Panel Physician and in the medical report doctor told me my reports are fine and i dont have any issues so on Jan 8th i was asked to submit my Court Documents I submitted my court documents .

Yesterday i got an email from Hyderabad Consulate that

"Based on the documents you submitted to us and the information elicited in your interview with an American consular officer, you were determined ineligible for an H1B work visa, and your petition will be return to the Kentucky Consular Center (KCC) . Once KCC receives a petition, it is returned to the approving office of the United States Citizenship and Immigration Service (USCIS) for review and possible revocation."

I wanted to know what can i do at this time . Will contacting attorney help me in solving this issue . I know many people who got DUI got their Visa Stamped after getting positive medical report , the only difference is that my DUI is in past 12 months but i took permission to travel outside country . I paid all my fines , finished classes and took permission from court to travel outside country to INDIA .

Now i am confused what i have to do ? Please help me on further steps i do not want to loose My Visa .

Thanks.
Crimes by Non-Immigrants are always seen with a magnifying glass.

You have not yet paid the "fine" to the lawyers, now it is the time.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 03-12-2013, 02:17 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2010
Posts: 91
vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute vishalgupta2 has a reputation beyond repute
Default

I don't think attorney can do anything in this.

You won't find a US i
  • mmigration attorney in India and working with a attorney in USA from India, it's logistics and the cost of logistics will drive you crazy.
  • Attorney's can represent you only at USCIS, not at the consular post.
  • Consular post is NOT required to tell you (or your agent/representative) why they rejected your visa.
  • Even if something was possible, you are looking at many months here (or years).

I am sorry but the fact may be that you may have already lost your visa. Attorney (unless well know) will tell you that this can be handled and make money out of you.


Quote:
Originally Posted by rajk789123 View Post
I went to india for my H1B Stamping in November 2012 and i had a DUI in May 2012 . In my Interview Visa Officer gave me 221g saying DUI in past 12 motnhs and referred me to Panel Physician and in the medical report doctor told me my reports are fine and i dont have any issues so on Jan 8th i was asked to submit my Court Documents I submitted my court documents .

Yesterday i got an email from Hyderabad Consulate that

"Based on the documents you submitted to us and the information elicited in your interview with an American consular officer, you were determined ineligible for an H1B work visa, and your petition will be return to the Kentucky Consular Center (KCC) . Once KCC receives a petition, it is returned to the approving office of the United States Citizenship and Immigration Service (USCIS) for review and possible revocation."

I wanted to know what can i do at this time . Will contacting attorney help me in solving this issue . I know many people who got DUI got their Visa Stamped after getting positive medical report , the only difference is that my DUI is in past 12 months but i took permission to travel outside country . I paid all my fines , finished classes and took permission from court to travel outside country to INDIA .

Now i am confused what i have to do ? Please help me on further steps i do not want to loose My Visa .

Thanks.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 03-13-2013, 02:53 PM
Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
05/05/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2007
Compare
Join Date: Mar 2006
Posts: 48
140jibjab is a splendid one to behold 140jibjab is a splendid one to behold 140jibjab is a splendid one to behold 140jibjab is a splendid one to behold 140jibjab is a splendid one to behold 140jibjab is a splendid one to behold 140jibjab is a splendid one to behold
Default U can do it

Sorry to hear that, I had a DUI within the 12 months and I had been to H1B stamping in Chennai in September 2009. my dui was in Nov 2008.

I had to Visit the consulate 2 times, 1 st i did not submit Court papers, Then I submitted court papers and took the tests that was ordered.

After waiting 2 more weeks, i was given the Visa. If it is ur First DUI, there should be no issues,

Though u said u had taken permission, it is verbal OK from the supervisor for ur probation. First take care of the court and call the Supervisor for ur probation. Have them contact the Judge saying u r not coming back for Final hearing. Else there wil be more complications(Arrest Warrant for not showing up for the final hearing). Which will show up on ur records.

Once u take care of that Have a 5K budget minimum and contact a Immigration Lawyer, who can appeal the case. Logistics of working with US attorney is not difficult, couple of nights of work will do the Job.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 08-04-2013, 05:11 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Aug 2013
Posts: 1
snk321 is on a distinguished road
Default

Hello rajk789123

Can you please update your situation? Did you get things settled and went back to US?
I am currently in the similar scenario (came to HYD embassy for stamping within one year of
DUI). Got 221g white slip to get certified by medical physician. Done with the medical thing 2 days ago. Waiting for the next steps to begin with.

Your update can help me in getting prepared for what might happen next

Thanks in advance.
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
  #6 (permalink)  
Old 08-04-2013, 08:38 AM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Aug 2009
Posts: 870
imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute
Default

Attorneys have zero power over decision made by state department on visas. You will be wasting money. There is something else that you are not telling . Do not hide. Maybe your DUI was. Significantly over limits or you had a minor on board?

Lastly why did you drink and drive? You are irresponsible person and this country is very careful admitting criminal immigrants. Even if you come in US you are doomed in your career. Employers do background checks before hiring and you will show up. You will find it hard to get greencard or citizenship due to one visa denial and DUI conviction. You need to make your choices in life and goals in career carefully from now.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #7 (permalink)  
Old 08-04-2013, 08:39 AM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Aug 2009
Posts: 870
imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute
Default

Quote:
Originally Posted by vishalgupta2 View Post
I don't think attorney can do anything in this.

You won't find a US i
  • mmigration attorney in India and working with a attorney in USA from India, it's logistics and the cost of logistics will drive you crazy.
  • Attorney's can represent you only at USCIS, not at the consular post.
  • Consular post is NOT required to tell you (or your agent/representative) why they rejected your visa.
  • Even if something was possible, you are looking at many months here (or years).

I am sorry but the fact may be that you may have already lost your visa. Attorney (unless well know) will tell you that this can be handled and make money out of you.
Good reply. I agree with you.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #8 (permalink)  
Old 08-05-2013, 02:46 AM
Member
Priority Date
:
May-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2011
Posts: 46
AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of
Default really>>>>>>>>>>>>>>

you serious,,,
are you sure they are really looking for a lecture from you.
they are already suffering/paying for their mistake.
that's the last thing you wanna do is lecture them even more.....
thanks though for your kind words.
understandable that these are the choices they made...
too bad
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
  #9 (permalink)  
Old 08-05-2013, 09:47 AM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Aug 2009
Posts: 870
imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute
Default

Quote:
Originally Posted by AnnaRamdev View Post
you serious,,,
are you sure they are really looking for a lecture from you.
they are already suffering/paying for their mistake.
that's the last thing you wanna do is lecture them even more.....
thanks though for your kind words.
understandable that these are the choices they made...
too bad
I will oppose everything that damages the reputation of Immigrants. Indians anyways have a bad reputation of taking jobs, working for low salaries, faking resumes, fraud in immigration by consulting companies and their employees, working on gas stations and grocery stores on F1 visa. I can go on and on. And now this drunk driving by many people on this thread. No need for any sympathy to them. They are a danger to themselves and to people like you and me and US citizens who also drive on the road. They are also a danger to their families and most abuse happens when people are drunk and out of control. It is good such irresponsible people are being punished by US. If it was India they would have easily gotten away with their influence or bribe. Now they will realize that USA is not like India.
Bookmark and Share Compare Reply With Quote


1 out of 2 members found this post helpful.
  #10 (permalink)  
Old 08-05-2013, 02:25 PM
Member
Priority Date
:
May-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2011
Posts: 46
AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of AnnaRamdev has much to be proud of
Default yes..

Quote:
Originally Posted by imh1b View Post
I will oppose everything that damages the reputation of Immigrants. Indians anyways have a bad reputation of taking jobs, working for low salaries, faking resumes, fraud in immigration by consulting companies and their employees, working on gas stations and grocery stores on F1 visa. I can go on and on. And now this drunk driving by many people on this thread. No need for any sympathy to them. They are a danger to themselves and to people like you and me and US citizens who also drive on the road. They are also a danger to their families and most abuse happens when people are drunk and out of control. It is good such irresponsible people are being punished by US. If it was India they would have easily gotten away with their influence or bribe. Now they will realize that USA is not like India.
I am not trying to say what they did was correct.
but c'mon well people will take out negative points from any group/community/ethnic group.
I don't know where you get your news from? I generally have a sense people think of Indians of very highly educated and responsible group at least in us.
and people do make mistakes,and I am not trying to take their side. but they came here for suggestion not a lecture...that's what my point is.
and as far is about the question of working on low wages is...how about 90percent of china manufactured goods.
how much do you pay a guy to mow your lawn or to clean your house or for your cheap lunch?
well remember if its not for immigrants you were paying for your indian buffet 35 dollars .
and definitely much more for your clothing.
people are not working cheap they are just competitive. as long as they are not working below legal wage.
I agree what you say ..about how dangerous it is drinking driving...neither I have any sympathy..but my point is theywere here for a advice.
Bookmark and Share Compare Reply With Quote


2 out of 2 members found this post helpful.
  #11 (permalink)  
Old 08-05-2013, 02:41 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Aug 2009
Posts: 870
imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute imh1b has a reputation beyond repute
Default

Quote:
Originally Posted by AnnaRamdev View Post
I am not trying to say what they did was correct.
but c'mon well people will take out negative points from any group/community/ethnic group.
I don't know where you get your news from? I generally have a sense people think of Indians of very highly educated and responsible group at least in us.
and people do make mistakes,and I am not trying to take their side. but they came here for suggestion not a lecture...that's what my point is.
and as far is about the question of working on low wages is...how about 90percent of china manufactured goods.
how much do you pay a guy to mow your lawn or to clean your house or for your cheap lunch?
well remember if its not for immigrants you were paying for your indian buffet 35 dollars .
and definitely much more for your clothing.
people are not working cheap they are just competitive. as long as they are not working below legal wage.
I agree what you say ..about how dangerous it is drinking driving...neither I have any sympathy..but my point is theywere here for a advice.
There is no justification for fraud and illegal behavior. I can post many website links, news articles and give you a lot of information to prove my point easily. But I will not do it because it will show Indians very poorly. You can get it on Google.

One of the reasons why we will not get backlog cleared or rule passed is because of this too. There is so much bad public relations done. We cannot shrug it off because it affects us directly when we ask for law or rules to be passed.
Bookmark and Share Compare Reply With Quote


1 out of 2 members found this post helpful.
  #12 (permalink)  
Old 08-05-2013, 11:10 PM
Member
Priority Date
:
Aug-10
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Feb 2011
Posts: 83
nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute nrmarrivada9 has a reputation beyond repute
Default

OP & SNK 321,
Looking at what has happened to my friend that had DUI, I believe that u are in a very bad state ( if not worst state). He was advised to not leave country unless he wanted to kiss good bye to his GC. He avoided international travel till he got his GC ( waited for 11 years). He is pulled out questioned and reprimanded for the 11 yr old DUI every time that he traveled outside.

Realistic perspective is that you guys lost your visa; don't waste money on attorneys; don't expect a miracle.


Good luck.
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
  #13 (permalink)  
Old 10-10-2013, 08:31 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Oct 2013
Posts: 1
pikusen is on a distinguished road
Default H1B stamping within 1 year of DUI

Quote:
Originally Posted by snk321 View Post
Hello rajk789123

Can you please update your situation? Did you get things settled and went back to US?
I am currently in the similar scenario (came to HYD embassy for stamping within one year of
DUI). Got 221g white slip to get certified by medical physician. Done with the medical thing 2 days ago. Waiting for the next steps to begin with.

Your update can help me in getting prepared for what might happen next

Thanks in advance.
Can you let me know what happened? I am in a similar situation. DUI in October, H1B expires in May next year, need to get it stamped in India, so that I can travel internationally.
Thanks for your reply.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
H1B 221g Green ->H4 -> H1B->221g Withdrawal akuner Non-Immigrant Visa 1 06-12-2012 02:38 PM
L2 Visa stamping got 2nd time 221g yellow with same reason chi1977 News articles and reports 7 03-21-2012 11:14 AM
H1B to H4 to H1B approved but 221G Yellow while stamping vsontineni2000 Non-Immigrant Visa 5 09-28-2011 02:57 AM
H1B visa stamping pending under 221g, can I travel back on AP? gen Non-Immigrant Visa 0 12-09-2010 11:53 AM
H1b stamping 221g-how to convert to H4? helloworld1234 Non-Immigrant Visas 1 01-11-2010 03:19 PM



All times are GMT -4. The time now is 07:48 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org