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krishan

Ard DUI affecting F-1 visa

By krishan in Student & Exchange Visitor Visas

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krishan Newbie

krishan   0

Posted
Filed: H-1B Visa Country: India
 Timeline
Posted

I got a DUI, 1st offense and so took the ARD option. It will be expunged after 6 months and I will not have a criminal record.

I am currently on an H1B visa, and the company applied for a green card. The work is good, but I want to go back to school.

How will the ARD affect my chances, will it come up, even after the record has been expunged/cleaned from government records ?

Has anybody had any similar experience ?

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

You must disclose it on all immigration paperwork. Expunging doesn't make it disappear for the government.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

TBoneTX Grand Master

TBoneTX   45,813

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from K-1 Process forum to Student & Exchange Visitor Visas forum -- OP's interest regards the F visa. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

SAT Grand Master

SAT   9,609

Posted
Filed: Citizen (apr) Country: Malaysia
 Timeline
Posted

Krishan, from your tone I sense that you're thinking about withholding this information because you think the conviction will be expunged. (are you in the state of Pennsylvania?) You will still have a record of arrest in many databases.

When you get your record expunged, it removes all records of conviction and arrest from PUBLIC RECORDS. Whereas the US Dept of Justice is concerned (Federal Level), there is no post conviction correction, other than a presidential pardon. And even if you get a presidential pardon, it is considered "forgiven", not to say your conviction never happened. I promise you, there will be records of your arrest in both federal databases and private databases (ie pipl.com, TLO.com).

So, if you're thinking about not disclosing this to the USCIS...STOP. Be honest, no one can hide the truth.

What you have done is failed to utilize your better judgement by driving under the influence. If this is your first offense, and no one is hurt. It's not that bad. DON'T DO IT AGAIN !

Don't be afraid to tell the truth. It will not hurt your status.

Harsh_77 Mentor

Harsh_77   718

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Krishan, from your tone I sense that you're thinking about withholding this information because you think the conviction will be expunged. (are you in the state of Pennsylvania?) You will still have a record of arrest in many databases.

When you get your record expunged, it removes all records of conviction and arrest from PUBLIC RECORDS. Whereas the US Dept of Justice is concerned (Federal Level), there is no post conviction correction, other than a presidential pardon. And even if you get a presidential pardon, it is considered "forgiven", not to say your conviction never happened. I promise you, there will be records of your arrest in both federal databases and private databases (ie pipl.com, TLO.com).

So, if you're thinking about not disclosing this to the USCIS...STOP. Be honest, no one can hide the truth.

What you have done is failed to utilize your better judgement by driving under the influence. If this is your first offense, and no one is hurt. It's not that bad. DON'T DO IT AGAIN !

Don't be afraid to tell the truth. It will not hurt your status.

:thumbs:

 
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