Hello...
I have a serious issue and I am wondering if any of you has some proven advice.
I was arrested in 2000 for a DUI (BAC .09) ....was in jail for a night....was bailed out later. Went to court on the appointed date paid the fines and was on probation for 3 years.
I was arrested again in 2003 for DUI (BAC .10) days after the first probation was completed...was in jail for a night. Went to court paid the fines..and was on probation for 2 years and completed all the court formalities.
I have letters etc from the courts that I have complied all the probation formalities in 2005 Dec.
Now, I am currently on H1....am on H1 since 2000….working for the same company….I had no issues in getting my H1 renewals so far. I am on my 8th year extension which I received a few weeks ago.
I was planning on going to Mexico/Canada for Visa stamping as my previous Visa is expired. Is this a good idea?
If I travel on Advance Parole, should I expect any issues at the Point of Entry?
Before people judge my 2 DUI’s…YES it was a mistake….I KNOW…I Wish I made a different choice then.
Going though a lot trying to figure this out…any help will be much appreciated.
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Hi,
Doesnt mean to disappoint you, but I think you will have problem with stamping..There was an article on murthy.com like 4-5 months back..check murthy.com..here is the article...
http://www.murthy.com/news/n_condui.html
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Welcome to the forum!
Add your case details in the tracker.
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I dont think there is an issue traveling with AP, if anything had to happen you shouldn't have received AP already, this is good chance to check that how it affect in getting visa stamp. you have to face the truth anytime, so this might be the right time since you have possession of your AP.
Beleive me those who drinks, most of them would have driven under influence. I have, several times. It is just your bad karma that you got caught twice, but you were lucky that 2 time was just after your probation, otherwise, it could be whole different ball-game.
My take, take a chance since you got to face it once for all.
Good luck.
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Do not listen to this advice. Consult an attorney regarding your situation. Even with an AP document, you can still be refused entry. They don't do background checks when they issue an AP; you just have to satisfy the criteria set forth in the Immigration statutes and regulations. I received my AP before I was even fingerprinted.
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Folks...thanks for the advice.
I found out the following things from the attorney. This is what the attorney told me.
1. If I travel for my Visa I will be fingerprinted at the consulate and that will result in a hit. If there is a hit the consulate will do a background check which might take a few days. But the Visa has to be issued. Since the DUI's do not constitute a felony.
2. If I travel on Advance Parole, I should be allowed entry back with no issues. But my status from a H1B will be changed to a Parolee and I will have to work on my EAD. There has been a lot of discussion in this forum about this, I was given this answer by my attorney who is pretty reputable.
Moral of the story: You sins come back to haunt you. Please do not drink and drive it is not worth it.
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