The revocation of an F1 student visa on the basis of a criminal arrest falls within the discretion of the U.S. State Department. The extent to which the State Department takes such discretionary action varies from administration to administration.
Under the current administration the policy has been to revoke student visa status of some students arrested in this country for DUI. The US Consulate may revoke non-immigrant visas based on a charge of driving under the influence. Deportation resulting from a criminal conviction can also occur in some cases.
In addition, students from all across the nation are losing their visas with little or no explanation, some being detained on the street by plainclothes officers and finding themselves subject to accusations reserved for terrorists
When a non-immigrant visa holder (including F-1’s) suffers a criminal arrest (including DUI), immigration attorneys always tell them that their visa may revoked, but that does not necessarily mean they need to leave the country. It means they can stay through the expiration date of their visa, but they can no longer leave the country and then try to return. After expiration or departure, they will need to apply for a new visa.
The bigger issue is the concurrent, and unlawful, termination of SEVIS records (Student and Exchange Visitor Information System), which severely affects the students’ ability to continue their studies in the United States and work experience through OPT.
What Should an F1 Student Visa Holder do if they are arrested for DUI?
First, any international student charged with driving under the influence should contact their Designated School Official (DSO) and report the incident. A non-citizen student visa holder should immediately seek legal counsel if they are arrested for any crime, including DWI. The consequences a conviction or suspension of driving privileges could have on their ability to stay in the United States is very significant. The help of a criminal defense attorney is crucial to ensure a favorable outcome.
In addition, ICE agents are also detaining non-citizens in local jails charged with DUI before they have been convicted of the charges they were arrested on. What is happening right now, in the view of many legal scholars, at present, is a scare tactic designed to get international student visa holders and other noncitizens to freak out and self-deport.
Similar things are happening for folks in this country on tourist visas. My experience has been with Mexican nationals, when they have a pending DUI and the Department of State finds out about the pending charge, their tourist visa is revoked and the DOS sends them an email as well as a letter to their listed residence in Mexico advising of the same. I have had clients who were returned to Mexico at the border and their tourist visa taken away due to pending DUI charges.
The current administration has ramped up efforts to impose severe consequences on those with visas who commit crimes of any kind in the United States.
Matthew Ruff, Top Tier DUI Attorney has 30 years experience fighting for the rights of his clients in court and the DMV. If you were arrested and need a El Segundo DUI Lawyer, Matthew can help.
