First Posting - H1B stamping UK citizen from Hong Kong- Multiple DUI Arrests but only 1 Wet Reckless conviction.

[leowantsavisa 0]

Hello All,

I've been reading posts on this forum for the past few hours and that lead to further research and another few hours of reading. I would appreciate any and all input on my case. I really hope someone comes along that has experience with something similar.

A little background - I came to the US on a F-1 in 2005 for college, then another F-1 for my MBA and then got accepted into the H1-B cap gap lottery. I currently work for a firm in San Francisco doing internet based work.

I had a string of bad luck with DUIs. They all occurred in California, none of them involved any accidents, just speeding. My lawyer says that they do not constitute a crime of moral turpitude. I've laid them out below:

# 11/2011 Arrested for DUI [bAC >.10]

RESULT: Plea Bargain and convicted for Wet Reckless. Completed court ordered classes.

# 12/2012 Arrested for DUI [bAC .05% + .06%]

RESULT: Plea Bargain and convicted for Reckless driving [NOT alcohol related], 5 days community service & fines.

# 03/2013 Applied for and got accepted into H1B from F1 to H1B via H1B cap. Made the lottery and did not leave the US for a change in status.

# 12/2013 Arrested for DUI and driving without a license. Technically, I was issued a ticket, my car got towed and the cops called me a cab. [bAC .05% + .03%]

RESULT: Plea Bargain and convicted for driving without a license (DUI suspension) ONLY.

I plan to travel to Hong Kong in May 2014 - after I complete my community service to try and get my visa stamped. I am pretty sure that I will be asked to go get tested by the 'panel physician'.

My main questions are:

1) I currently do not drink anymore. [Evidently, I have finally learned my lesson.] When I go in for my panel physician blood test, will they see this and will it work in my favor [i.e., they will classify me as "Class B"?] or is the medical test more of a formality in the process of denying one's visa?

2) Does the fact that I was arrested and not convicted work in my favor at all? It seems like arrests = convictions in most visa processing cases.

3) I read through this eye-opening document - http://www.cdc.gov/immigrantrefugeehealth/pdf/mental-health-pp-ti.pdf In it states there are 2 'classes' of medical inadmissibility, Class A and Class B. My hunch is that due to the frequency of my DUIs they will place me as Class A - inadmissible even if my initial blood work showing my clean Gamma-GT test. Am I correct in thinking that I can simply go back to the panel physician in six months to try get him to test me again and place me as Class B?

4) Any tips / suggestions? Should I try stay here as long as I need to before moving out of the US permanently? Can anyone recommend a lawyer that can help with my case should it come to that?

Thank you so much for reading, and I hope one day this post helps someone else in my predicament.

-Leo.

[ashleyphilly 70]

If i were you, i would try to stay in us under h1b as much as i could. You have too many duis

[leowantsavisa 0]

@AshleyPhilly - Yes, I am seeing that this is the case, but family obligations are piling up. I guess I should also add that I have a fiancee here with me in the US, and if I go we would likely need to relocate to HK while I fight to get a visa.

If I choose to stay in the US, it still would be only temporary, (till early 2016 when the 3 years are up for my H1-B) and we are looking more for a place to settle down.

My hope is that I do not have to go through the I-601 'waiver of inadmissibility' route as the likelihood of that working out in my favor looks bleak.

The company that I work for that sponsors my H1B knows about my situation as is more than happy to have me work back home in HK as they have an office there anyway.

Does anyone know if it is easier for someone in my shoes to just get a visitors visa instead ? (My boss asked this as they can 're-hire' me as a Hong Kong employee, so I am very very lucky in that aspect). I would prefer to be able to visit the US for short amounts of time with my fiancee to ease the burden I am putting on her by uprooting her.

Thoughts?

Thanks Again!

[Merrytooth 5,748]

you probably should get all the clearance and certificate from the concerning court about your DUIs before attending the H1B stamping.

[ashleyphilly 70]

May I ask you this? Is your fiancee a US citizen or other nationality?

[leowantsavisa 0]

you probably should get all the clearance and certificate from the concerning court about your DUIs before attending the H1B stamping.

Yeah - This is the plan - I should have all my completion docs by mid - end of May. I really hope someone one here can shed some light on the Arrests vs. Convictions element of my situation though!

May I ask you this? Is your fiancee a US citizen or other nationality?

She is a US citizen, but it what would be the most ideal for us is the ability for both of us to travel back and forth between Hong Kong, where I have family and the US where I currently work / she has family.

[jan22 3,062]

My hope is that I do not have to go through the I-601 'waiver of inadmissibility' route as the likelihood of that working out in my favor looks bleak.

There is no waiver for a medical ineligibility -- you have to prove that you no longer have the medical condition on which the ineligibility was based. In your case, if the panel physician found you to be an "abuser" of alcohol and, thus, ineligible, you would remain ineligible (with no waiver possible) until you no longer were deemed to be an alcohol abuser.

[Boiler 46,033]

What other things can you show, AA for example?

[jan22 3,062]

What other things can you show, AA for example?

One of the best things to show is time without a DUI arrest....and all of these are fairly recent.

BTW -- it doesn't matter if you pled down the charge to something other than a DUI. The standard is whether you were arrested for the DUI -- it doesn't even require a conviction for it, merely the arrest is enough. You will be required to get clearance from the panel physician.