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Charged with a DUI case is still going on. Is it ok to go to get my H1B visa stamped?

Sunnyvale, CA |

I recently got charged with a DUI, I am planning to go for stamping to get my H1 visa stamped? Will there be any problems? Because my case is still pending and will they approve my visa?

Attorney Answers 3


There shouldn't be any problems, but consular officers are unpredictable being and can often be quite mercurial..

If I were you, I would wait until after the resolution of my DUI case and then go, with a Memorandum of Law prepared by your lawyer explaining why you should not be deemed inadmissible..

Note thar while Vancouver will buy that (it adheres to the the precedent decisions of the 9th Circuit Court of Appeals, a highly pro-immigrant, arch liberal court!- whereas the consulates of Calgary, Toronto and Ottawa do not! (Of course, none of this will make any sense to you if it is to Bangalore or vicinity you intend to travel for the "stamping" as you call it..

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Thanks for your reply sir. Yes I am planning to go to India.. What are the chances of getting my Visa stamped as my case is still pending? Is there a possibility that they stop me until my case is cleared or request any further information. In my case I dont have an option at any case I have to go to India. Thanks for your time

Giacomo Jacques Behar

Giacomo Jacques Behar


This,is serious. Please re-read what I wrote and then call me in the office tomorrow .


Talk to an immigration attorney before doing anything.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at

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Yes - anticipate there will at least be a delay as the Consular Officer must refer you to a panel physician for a medical and possible pyschological evaluation regarding medical inadmissibility. See the DOS link below for additional information. I recommend you consult with an immigration attorney who handles consular processing matters before departing the U.S. as you could be significantly delayed or prevented from returning to the U.S.

Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | | | Offices in Santa Monica, CA and New York City

This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.

This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.

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