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DUI And US Visa Application

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  • 12-21-2007, 09:58 PM
    kimos
    DUI And US Visa Application
    Hi,
    I’m a citizen of Saudi Arabia that just moved back from the US to Saudi, and I would like to apply for an American visiting/tourism visa. In the visa application it states “A visa may not be issued to persons who are within specific categories defined by law as inadmissible to the United States (except when a waiver is obtained in advance). Is any of the following applicable to you?” and the first question asks “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?” It also states “While a YES answer does not automatically signify ineligibility for a visa, if you answered YES you may be required to personally appear before a consular officer.”
    I lived in the USA for over 7 years and when I was 18 years old (almost 5 years ago) I was arrested for a DUI charge, I pled guilty and was sentenced to 40 hours of community service, my license was revoked for 6 months, and I was sentenced to 24 months of probation. I fulfilled all of my sentence requirements and according to my court records which I requested it states that “an amended record of conviction was sent electronically to DOR (Department of Revenue) and MSHP (Missouri State Highway Patrol) for charge. – The charge was disposed as guilty plea” I would like to know if this means that my record was wiped clean? If so, should I answer yes or no to the question in the visa application? Also, the standard procedure in Saudi for anyone to obtain a US visa is to appear in person and be interviewed by a consular officer.
    In addition, about five months after my DUI conviction I came back to Saudi Arabia and renewed my visa without stating anything about my DUI conviction and I was granted a 2 year visa to continue my education in the USA. Is there a possibility that I was lucky and the system was not updated or it didn’t catch it and I slipped through? Put in mind that maybe the embassy I filled the Visa application at (Jeddah) was not as advanced as the one in the capital (Riyadh) and the embassy in Jeddah has since been closed now for over 3 years for security concerns. I cant recall that they finger printed me for that application, and I’m certain they do that now everywhere for US visa’s. Is there a chance that if fingerprinted it will corroborate with my fingerprints from my booking?
    I have nothing to hide and I would like to be upfront and honest about things, but at the same time I don’t want to harm my chances of getting a visa by sharing information that might be erased or that the Embassy wouldn’t know about unless I shared it with them, even though I doubt any information is not accessible by embassy

    I would be much obliged if I could get your expert opinions on this matter. .
  • 12-24-2007, 07:23 AM
    Mr. Knowitall
    Re: DUI And US Visa Application
    Quote:

    Quoting kimos
    View Post
    I fulfilled all of my sentence requirements and according to my court records which I requested it states that “an amended record of conviction was sent electronically to DOR (Department of Revenue) and MSHP (Missouri State Highway Patrol) for charge. – The charge was disposed as guilty plea” I would like to know if this means that my record was wiped clean?

    From what you say, no. Order a copy of your record and see what is on it.
    Quote:

    Quoting kimos
    If so, should I answer yes or no to the question in the visa application?

    You are expected to answer all questions honestly.
    Quote:

    Quoting kimos
    Is there a possibility that I was lucky and the system was not updated or it didn’t catch it and I slipped through?

    If you lied on application materials, you could face ineligibility on that basis alone. If you were honest, it is possible that the offense was overlooked, but it is also possible that it was evaluated and deemed not to be disqualifying.
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