Back to Top skip to main content
Green and Spiegel - An Immigration Law Firm - United States
Menu
May 20, 2016

DUI’s and Visa Revocation in the U.S.

Dana Imperia, Andrew Clancy Rodgers, Shanna Stanton and Jonathan A. Grode

May 20, 2016 – The U.S. Department of State (DOS) Visa Office has recently instructed consular officers to revoke the visas of visa-holders following a DUI (driving under the influence) arrest that occurs subsequent to visa issuance.  A visa is the physical stamping within an individual’s passport that permits entries to the United States in a corresponding status. The new requirement is that all arrests must be addressed within the context of a visa application.

In the past, revocation of an already issued visa was not standard procedure after a DUI arrest. Previously, the DUI arrest did not affect a visa-holder until it was time to renew the visa.  Now, as per 9 FAM 403.11-3(A), a visa officer is obligated to revoke a visa for a DUI arrest or conviction, even after the visa has been issued.
A visa revocation does not affect a visa-holder’s ongoing status in the U.S., and it does not require an individual to depart the country.  It may, however, create serious problems for visa-holders when they travel abroad following the arrest and attempt to re-enter the U.S. Procedurally, the fingerprinting conducted by the local law enforcement alerts the DOS officials of the arrest, and based upon that notification of an arrest, DOS is now obligated to cancel the visa.

We reiterate that the revocation does not affect the individual’s on-going status within the U.S., nor does it obligate the individual to depart the U.S.  Yet, if the individual does depart following the arrest and the visa is revoked, they will be unable to re-enter the U.S. until they apply for a new visa through U.S. Consular services outside the U.S.  Within the context of that interview, full disclosure of the arrest will be presented. These individuals will not be allowed to enter until the new visa is issued.

For more information on U.S. Visa Revocations  contact Green and Spiegel.

Related Team

Dana Imperia

Dana Imperia

215-395-8959

215-395-8959

email Dana

Philadelphia (US Headquarters)

Full Biography

Dana Imperia
Shanna Stanton

Shanna Stanton

215-395-8959

215-395-8959

email Shanna

Philadelphia (US Headquarters)

Full Biography

Shanna Stanton
Jonathan Grode

Jonathan A. Grode

215-395-8959

215-395-8959

email Jonathan

Philadelphia (US Headquarters)
Providence (New England)

Full Biography

Jonathan A. Grode

Recent Blogs

Sep 23, 2019

California Changed the Definition of "Employee" and Employers Need to Respond Deliberately

Assembly Bill No. 5, Worker Status: Employees and Independent Contractors (“AB-5”) became California law on September 18, 2019. What does this means for the “gig economy”, or those in a wide range of employment which is temporary and contractual? Find out in this blog.

Sep 17, 2019

Social Security Administration (SSA) Programs Present Challenges to Employers Which Rely Upon Unauthorized Workers

When we talk about immigration enforcement, we are usually talking about the three “sister” agencies: United States Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE). We may not easily see the role that agencies like the Social Security Administration (SSA) play in immigration enforcement; yet, the Trump Administration is enforcing a wide field of laws in ways that will likely impact potentially undocumented immigrants and, by extension, their employers. Learn more.

Sep 16, 2019

Foreign Students Subject to Training Location Site Visits

The Trump Administration is strictly enforcing a number of immigration laws and regulations and in ways not seen in many years. Conducting site visits at OPT training sites fits within the broader thrust of Administration enforcement actions. By carefully following school’s guidelines and making good use of the Designated School Officials overseeing the OPT, both student and employer can avoid complications rising from these site visits.