H1B visa renewal stamping with previous Public Intoxication Case

Hello -

I am current on H1B visa with approved I-140. My current stamped visa is expired. I need to travel to India and thus will need to go through H1B Visa Stamping. Based on current rules I am eligible for drop box (interview waiver).

3 years back I was detained for couple of hours on a public intoxication charge. The case was deferred dismissed and then later expunged.

While filling up DS-160 I entered yes to the arrest question and provided brief details about my case. I have all the court documents with me.

My questions:

  1. Will I get 221g for the public intoxication case ? Should I submit the court documents along with rest of the documents during the dropbox appointment to avoid 221g ?

  2. If I still get 221g and I am asked to come for an in person interview, will I get appointment slots or will I end up waiting for months until I get lucky to find a slot ?

Any help will be greatly appreciated.

Class C misdemeanor is not really a big deal. If there was a deferred disposition it is considered a pardon and if the fine was paid I dont think it would cause any issues however it just depends on the VO.
You can submit any disposition documents from court to be on safer side.

Normally any documents for 221g for dropbox are submitted via email communication.

1 Like

Hii folks, Little guidance needed for my H1b visa stamping.

Unfortunately, In 2015 I was arrested for Fare evasion at NY. All of my charges were dropped after completion of adjourned contemption dismissal(6 months period) and the case was dismissed &expunged. Now I’ve plan to go to India in the month of march. Does this arrest record will cause of getting my H1b visa.
Also, Do I need to submit my court disposition certificate along with dropbox documents??

Any help is very much appreciated. Thanks in advance!!!

No harm in submitting the copy.

@Anup_Agrawal can you please update on the status? Did you get 221G or did not?

@Eshanth_pr could you please update your cased details post stamping? Appreciate it

@Kalpesh_Dalwadi

I was arrested for public intoxication case for few hours and released. Attorney suggested deferred disposition and case is dismissed. Will get it expunged as well. I don’t have any prior arrests or anything. Clean record

I’m planning to go to H1B stamping in March with Drop box option.

1 - Can I submit my case related documents with the drop box application?
2 - What are the chances of 221G. If 221 G will it be an interview or I just need to send the case related documents in email?
3- If interview then new appointment date will be allotted or I need to start again for new appointment?

Appreciate anyone’s inputs or suggestions on this.

Yes.

Chance of 221g is anybody’s guess. Even if you submitted the case documents, your case may still go through administrative processing.

221g for interview normally is a walk-in, you dont need to schedule a new appointment.

2 Likes

@Kalpesh_Dalwadi appreciate your replies and time. One more question, is there a chance of getting to do medical tests for public intoxication?

I know DUI convictions had to go through it.

No 221G. Visa stamping done without any issues.

2 Likes

Thanks for your quick reply. You mean if the class c public intoxication is dismissed after deferral disposition.

In in DS 165 I am mentioned briefly about the case and it was dismissed. Did you submit dismissal copy during drop box? And other records ?
My drop box stamping shouldn’t have any issues?

@Anup_Agrawal can you please advise ? did you gave dismissal documents for drop box?

@sam_M5 What was the status for your stamping? Did you have to submit the case documents along with H1b documents during dropbox? @Anup_Agrawal Can you provide the document list please?

Yes I did drop box but they called for interview and then 211g to do panel physician- which is medical evaluation they do for DUI. Medicals take a week to send to consulate and Then us consulate asked for passport drop off.

I would say just go to interview directly or to Mexico stamping. To avoid delays

Was this your first stamping after the Public Intoxication case? Mine is 2nd one. I have gone through the above process you mentioned during my first Stamping.

Also did you submit case documents during your drop box? I got dropbox by default so not sure how can i get an Interview directly.

Also how long did this entire process take?

@starlight - did u complete your 2nd stamping? did u get 221G again?

No @Sakshi_Arora2. I didn’t go for stamping yet.

@Anup_Agrawal did you do a panel Physician test

No, I didn’t have to. I got my visa without any issues.

Hi Anup,

Can you please let me know if you dropped case dismissal letter in drop box and what you had to write in DS160.