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Hello all, 

 

I had my F1 visa interview on 24th July 2019 where I received 221G slip, asking me to email the court document and the passport was returned back. Court document was requested to me at the time of the interview, but I wasn't carrying it.

 

Background information : 

I had visited US on B1 visa a month back and was arrested/convicted for over speeding / DUI while driving and received a bail / PR bond next day and was released. Next court hearing is on 4th of September. 

 

I have already emailed my court documents and also received confirmation from embassy stating they have received it on 24th itself. 

 

CEAC website states " Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks." 

 

For how long should I wait, I have already scheduled one more visa appointment on 6th August. Should I go for the next appointment as well or just wait for the previous administrative processing results to come out. Thinking I would go for that since I wasn't carrying the court document with me and I will carry the document for next appointment

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Not sure why you have a second appointment.  Go ahead and go but be prepared to not have a decision on the F1 until after the court case.  


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Expect the denial for sure. COs are even authorized to revoke existing non immigrant visas of individuals with DUI in past 5 years.

 

Btw, what was the BAC level? I believe BAC of 0.085 vs 0.25 may affect in how the CO assesses the risk of the individual.

 

 

http://j1visa.state.gov/wp-content/uploads/2016/09/2016-03-GD-Visa-Revocation-FINAL-Sept-2016.pdf

 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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If you still have another hearing then you haven't been convicted yet (unless it's a sentencing hearing which for DUI's would be unusual). Normally what happens is that the consulate assigns a medical panel ("panel doctor") in your area to perform an exam. They will test your liver enzyme levels and ask you several questions to determine if you are an abuser of alcohol. If you "pass" the exam the consulate will continue processing your visa. If this was your ONLY alcohol-related arrest you should be okay (provided you "pass" the exam). If you had any other record of similar crimes, forget about the visa - at least for the next 5 years. 

 

When (if) you arrive to the US make sure to attend all the court dates and get the best lawyer you can afford. As others have said, a DUI is a serious crime in the US so take it for what it is. 


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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