If I go for an interview for H-1B stamping, can I apply for inadmissibility waiver and is it 212(d) 3 or 601A or do they provide me option? 1 Answers as of September 03, 2014

I need to clarify eligibility regarding inadmissibility waiver for H-1B stamping. I was arrested in February 2009 for DUI. I received a probation for one year, no accident or bodily injury and probation ended on July 2010. I received another DUI. This time, I was convinced in February 2011 with a 3 year probation and probation ended in 2014 July (no accident or injury). Both DUIs occurred in the same state.

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Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
It is not clear if you will require a waiver. Assuming you need a waiver, you need an INA 212(d)(3) waiver. While you may not need a waiver, your visa can still be denied as a matter of discretion.
Answer Applies to: New York
Replied: 9/3/2014
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