Hello Everyone!!
I dropped my passport for my H1B Visa extension at Chennai on June 12th. And my wife dropped off for H4 on June 20th. Her passport is returned with visa stamped. My passport was not returned until yesterday. Today (July 1st 2023) i recieved my passport with 221g white color form asking me to come in for interview and with information asking for “Please bring in all the documents related to your speeding violation.”
“I got a criminal speeding ticket violation for overspeed and i am contesting it at the court. As of today its in pre-trial. My attorney who is fighting this ticket said we will do the court appearance once am back to US”
I am not sure, if anyone has faced a similar situation like me, appreciate your response on the next steps. Is there any risk? Appreciate your help with the response. Thank you so much!!
Just updating here so if anyone is in same situation.
Update:
I was called in for interview. Asked about the speeding ticket. I was explaining the situation of why it happened etc plus submitting the court documents. The consular officer asked if its DUI and any arrest has been made. I said no DUI or arrest. Just need to pay the fine. Then they collected all the documents related to the ticket and said your visa is Approved.
Hi Karthik, I am in same situation as you
Hi I had a Dropbox appointment on 28th of July I got a 221g interview for 2 traffic tickets issued in the past , I had declared my traffic tickets in DS-160 , they asked all court documents and proof that court case was dismissed, which I did have on 14th of August yesterday, they did not say anything to me VO mentioned that I don’t have precise timeline for you but will make a decision soon they did not say approved or denied anything, In my driving history of 12.5 years I have two tickets driving 90 in 55 and 45 in 40 none of these are criminal office but traffic citations for first one though I had to appear in traffic court. Anyone in same boat - please share your experience…
Karthik - Thanks for sharing your experience in your case during the interview itself the officer said that it was approved? Sounds like yes…
@Karthikeyan_Velayuth do you mentioned about traffic ticket in your DS 160, which state ticket was issued, how many days it took to get passport post interview?
@Manish_Ranjan do you received your passport.
Yes. I was told my visa was Approved in the interview itself.
Not in DS160 as the ticket was still at court that time. So i answered as “No”. I think thats why probably they called me for an interview about speeding ticket. In interview i gave all the documents and explained the situation. Officer asked if its DUI or any accidents. I said no and they approved the visa. I received passport in 3 days. But since its criminal speeding ticket its always gonna be there in on my record and i have to go in every time i guess. I am going to go fill another DS160 for the new petition i received just few days back. Since i accepted the plea agreement and convicted for speeding ticket and paid fine, this time i will say “Yes” and provide all the information. I guess they will call again for interview and hopefully my visa gets approved this time as well. Hoping for the best!!
Ticket was recieved in the state of Arizona. 70 in the speed limit of 45.
Hello @Manish_Ranjan Could you please update whether you got your visa approved and recieved your passport? Helps for me and everyone who are in same boat. I accepted the plea agreement once i was back to Arizona and paid fine. But the problem is now i carry criminal speeding ticket violation which will be on my name at least for two years until i file set aside petition at court after two years of conviction. I am planning to go for visa stamping this year in July 2024. Filing DS160 form and providing all information about the ticket. So it will be helpful if you update the status of your case. Thanks!!
Hey Guys,
Sorry for the late response, I got my passport I was called in for the interview it delayed my trip by a week, I connected with my lawyer and they mentioned traffic violations are not considered criminal and I should not have mentioned it in DS-160.
Thanks!
Manish
My conclusion: I think I overthought it way more than it was needed and as my lawyer mentioned I should not have mentioned in DS-160 since it was not a criminal offense. I came back to states in August 3rd week , Overall reinterview process took 2 weeks and I got my passport with in these extra two weeks… You all should be fine… my best regards!
Thank you for the update!! Appreciate it!!
Thank you for sharing your experiences Karthikeyan and Manish!
I have a speeding ticket (88 over 60) in Indiana. There was no arrest or mandatory court appearance. The offense is marked as Class C Infraction. I paid the fine and that was the end of the matter.
I have my H1B approved and I plan to go to India for my first stamping. I am not sure if I should mention the ticket in my DS160. I paid the fine, so the ticket was not dismissed. Is that considered a conviction? Also, please let me know how to determine if the offense is criminal or civil.
Best,
Sriram
@Sriram_Rao Hello Sriram. Easy way to determine whether its criminal or civil is through the traffic tickets itself. There should be a mention somewhere where it says its criminal or civil. If there is none mentioned, i would check online with some attorneys. Because each state is different i guess. I got a ticket in Arizona where going above 20 MPH above posted speed limit is considered to be criminal ticket. Which is not the case in California. So please check your state restrictions and you can find out. As far as mentioning about the ticket is DS160, as per my immigration attorney, if the ticket is criminal, yes you have mention and explain the case. Even though its criminal, they want to see if you are falling under some conditions which doesn’t allow them to permit visa like “Drug Abuse” or “Felony” or “DUI”. If you dont fall under serious felony crimes, they will ask to come in for interview and get the details & approve it. If the ticket is civil and you paid the fine, you no need to mention it in DS160. Hope this helps!!
@Sriram_Rao I am not sure paying fine would not dismiss the ticket. Check with your immigration attorney on this. When are you going in for visa interview?
Thanks for replying @Karthikeyan_Velayuth. I contacted the court in Indiana where I got the ticket and they told me that it is a civil ticket and not a criminal charge.
I will not mention it in my DS-160 and keep this post updated on my H1B stamping. I plan to have a drop-box appointment at the end of April.
@Manish_Ranjan Could you let me know if your tickets were dismissed or if you paid the fine for them?
Thanks!
Sriram
@Sriram_Rao Hope all is well. Just checking in to get any updates with your visa stamping as you said you are going in for visa stamping by end of April. Could you please update the status? Everything went well? Any experience you want to share with us?
I am going in again for drop box on June 11th. Since i have criminal speeding ticket, i think they might again call me for an interview like last time. So any inputs is valuable. Thanks!!
Hey @Karthikeyan_Velayuth. I am in a similar situation. I have visa extension appointment soon and my Change of plea hearing is pending. Did that create too many issues as the matter was pending (delays, etc.)? Also what all documents did you bring?
Hello @Dhaval_Patel Update from me, I got criminal speeding ticket. Since i accepted the plea agreement, the case was considered to be convicted with fine payment. So i will be flagged everywhere i go for immigration. But as per my attorney since it doesn’t fall under some serious convictions and in-admissibility laws, i may be called for interview and every time i enter US at the port of entry, there will be questions asked. Its about going through the inconvenience. Having said that, this year when i went for drop box, i declared the ticket information and fine paid in DS-160. I thought i will be called for interview but i was not. Since i gave the information in DS-160, i got the visa stamped without going in for interview. And i came back to US last week. Same at port of entry, i was called in separately for secondary verification but after 15 mins or so they gave my passport and let me go. No questions asked. So you will be fine if you explain the situation and provide all the documents related to the case. Like traffic ticket, pending court case documents if any. Just make sure your case does not fall under serious offense like DUI or hit & run or any felony charges. You will be fine!!
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Did anyone got visa after a DUI conviction?
@Karthikeyan_Velayuth Hi I am in similar situation, got a ticket in Arizona for 100 in 65 on empty highway i-93. Can you guide me if the set aside helped you in the immigration process after. I have to apply set aside next month possibly. Also, what explanation did you provide in I-160, i have to also apply for h1b extension
Hello @Mayur125 Sorry i did not see this message before. As with my case, as i mentioned in the thread, i accepted the plea agreement which means i got convicted for the criminal speed. Since it does not come under in-admissibility laws, i was able to get the visa stamped and at the port of entry i was called in separately for verification and after 15 mins or so they let me go. In DS-160, i gave my ticket information and fine paid. My set aside date comes only after two years which will be this August 2025. So after that i am not sure how it will be reflected at port of entry or in immigration as i dont have any plans to travel out of country until 2026. Hope this helps!!