H1B Stamping After a Misdemeanor Conviction
Hello Everybody,
I have been reading a lot of posts on this forum and realize that most of you had positive experiences in getting your visa stamped/renewed. Here is a gist of my story
Date of Arrest: 8/12/2005
Charge: DWI 1st in Texas
Jailtime: 5 hours and fingerprinted
BAC: I think it was 0.12
Court Date: 8/17/2005
Charge dropped to: Obstruction to a Roadway - Misdemeanor
Pleaded: Guilty
Convicted for: Obstruction to a Roadway- Misdemeanor
Punishment
Victim Impact Panel
TAIP Evaluation
Driver Awareness Responsibility Training
80 hrs CSR
Fine of 600
Court Cost of 237
1 year deferred adjudication probation
DWI education class
Thus I was not convicted to DWI but I was arrested for it. They have my fingerprints. In fear of not getting my H-1 B stamped, I havent left USA.
However, I know that at some point of time I would have to do it.
- What do you think of my case? Any recommendations?
- Should I hire a lawyer?
- Can I go to Mexico because its like 5 hours from here to get my visa stamped?
- Should I go to India to get it stamped?
- The maximum vacation I can get is only 2 weeks! So I need to get my HW done before I do anything!
Re: H1B stamping; Misdemeanor 12/05 in Texas; India or Mexico; Time taken?
I doubt that the offense is going to interfere with visa stamping. It sounds like that's a Class B misdemeanor, punishable by a maximum of 180 days in jail (<1 year maximum sentence reduces the potential immigration consequences), and it isn't a crime of moral turpitude.
You should be able to get your visa stamped at any port of entry.
Re: H1B stamping; Misdemeanor 12/05 in Texas; India or Mexico; Time taken?
Quote:
Quoting
Mr. Knowitall
I doubt that the offense is going to interfere with visa stamping. It sounds like that's a Class B misdemeanor, punishable by a maximum of 180 days in jail (<1 year maximum sentence reduces the potential immigration consequences), and it isn't a crime of moral turpitude.
You should be able to get your visa stamped at any port of entry.
Much thanks Mr. Knowitall. It is indeed a Class B misdemeanor. I talked to my previous lawyer and he said that we can get the records expunged. However I am not sure if that would be of much help.
I checked my Criminal History and the offense does show up in my name. In your experience, do you think I would be alright going to Mexico or you think that I would be much safer hiring a lawyer? I am just really scared of going outside USA at all!!
Once again, I appreciate your time!
Re: H1B stamping; Misdemeanor 12/05 in Texas; India or Mexico; Time taken?
Whether or not you have a lawyer, eventually you will have to get your visa stamped at a port of entry. If it would make you feel more comfortable to consult a lawyer, by all means do so, but wait until after that consultation to decide if you wish to hire the lawyer to do something for you. (You should be able to find a lawyer who will provide a free or low-cost consultation, with no further obligation.)
Re: H1B stamping; Misdemeanor 12/05 in Texas; India or Mexico; Time taken?
Quote:
Quoting
Mr. Knowitall
Whether or not you have a lawyer, eventually you will have to get your visa stamped at a port of entry. If it would make you feel more comfortable to consult a lawyer, by all means do so, but wait until after that consultation to decide if you wish to hire the lawyer to do something for you. (You should be able to find a lawyer who will provide a free or low-cost consultation, with no further obligation.)
Thank you for your reply!