U.S. on a Non-immigrant Visa DUI Arrest
If you are in the United State on a nonimmigrant visa, a new 2016 U.S. Department of State policy regarding DUI arrests may have a dramatic impact in your immigration status.
The visa revocation, known as a “prudential revocation,” is a method in which an otherwise valid visa may be revoked on physical or mental health-related grounds. The 2016 change is not a change in the law; rather, it is in the Department of State’s policy regarding DUI arrests. In other words, the Department of State has adopted a new policy that creates a correlation between individuals suspected of DUI, and having physical or mental health-related issues. To make matters worse, this new policy is triggered upon an arrest, NOT a conviction. In other words, you can be completely innocent of a DUI, yet still have your nonimmigrant visa revoked.
Thankfully, you are not without recourse. While this new policy can result in the revocation of your visa, it does not necessarily result in your removal from the United States. The specific consequence of this policy is still unclear, but this much is known: clients affected by this policy will need to re-apply for a visa before their next attempted entry into the United States.
Suffering a DUI arrest can be traumatic for anyone. The negative impact increases exponentially when you are in the U.S. on a nonimmigrant visa. As a firm with nearly 30 years of experience and over 6,000 cases handled, we take pride in our ability to offer the highest level of representation to our clients. This representation is not only limited to the DUI case, but also associated-immigration matters. Our firm works closely with immigration attorneys of counsel, who are able to help guide our clients through these immigration issues.
If you are arrested for a DUI and in the U.S. on a nonimmigrant visa, call us IMMEDIATELY to discuss your options! Make sure to let us know that you are here on a nonimmigrant visa, and we will tailor our representation to your specific circumstances.