H1B Visa renew before disposition on DUI case

A simple first charge of DUI is often an unproven traffic offense. Read the DS State Department non-immigration visa form closely. If you think that you must disclose the charge/citation, then schedule an appointment with an experienced immigration and visa attorney. An unproven traffic charge may not be a reason, in itself, to deny a visa. Consular officials have a lot of control over the visa process, but usually use good discretion.

What is a good reason for visa denial is what is considered a "material misrepresentation of fact." If the consular official has reason to believe that you are lying or are otherwise somehow inadmissible due to drinking and driving, then this can pose a challenge. This does not mean that you are barred from a visa. It may mean that the State Department Official may think that there is some issue of concern. The denial or delay can be based upon discretion.

Do you have an attorney? You should discuss consular discretion, where you are uncomfortable with the process. If you are interviewed and look like your withholding information, some consular officials may withhold a decision. Sometimes, half the battle is confidence in some situations.

The above is general information and does not create an attorney client relationship.