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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5228
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I have a DUI (first time) arrest record and my court case is

Customer Question

Hi .. I have a DUI (first time) arrest record and my court case is still pending. I am on valid H1B status (visa already stamped) till 2017. I will be traveling outside the US in December 2015. Will there be any issues while returning to the US at the Port of entry? Also if my spouse applies for H4 dependent visa will my arrest record cause any issues?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 years ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Will you be traveling outside the US and returning BEFORE your court case is concluded?

Customer: replied 2 years ago.
Customer: replied 2 years ago.
i will be returning before my court case is concluded
Expert:  Jen Marie, Esq. replied 2 years ago.

There should not be an issue with your traveling and coming back in because as of now you don't have an actual DUI conviction. You should , however have an attorney helping you with this and try to get this reduced to reckless driving. Even though your visa would not be canceled with a simple DUI, reducing the charge to reckless driving would help avoid any possible issues or headaches. On this trip, you should bring any document that you have about the arrest with you in case they request it at the Port of Entry.

Your spouse would not be affected by your arrest for the H4 as long as you still have a valid H1B.

Good luck to you during this process and I hope this answer has helped you!

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