Attorney Sheela Murthy along with Attorneys from Murthy Immigration Services met the Chief of Nonimmigrant Visa Section at Chennai recently. One of the items discussed during this meeting is prudential revocation of nonimmigrant visas if the holder was arrested or convicted for any offense related to driving under the influence of alcohol (DUI) or driving while intoxicated (DWI).

Over the past couple of months, we at Murthy Immigration Services have received several inquiries from U.S. travelers holding facially valid nonimmigrant visas, yet being stopped from boarding flights to the United States or being turned back from a U.S. port of entry (including pre-clearance facilities).

Procedure Followed for Prudential Revocation of Visas

If a U.S. nonimmigrant visa holder is arrested or convicted for an offence relating to DUI / DWI, the visa will be prudentially revoked by the Department of State (DoS). This policy is applicable for U.S. nonimmigrant visa holders across the globe, irrespective of their nationality or geographic location. Per the Chief, the consular section will reach out to the applicant using the contact information available on file to inform the holder of visa of the prudential revocation. The visa will be revoked even if the consular section is unable to reach the visa holder.

Prudential Revocation Does not Affect Status of Nonimmigrants Within the U.S.

It is important to understand that cancellation of the visa does not impact status of the nonimmigrant residing in the United States. The nonimmigrant will only require a new visa to reenter the United States, if / when s/he travels abroad.

For example, if one entered the U.S. pursuant to H1B status, the nonimmigrant can continue to reside in the U.S. as long as s/he continues to maintain H1B status. However, if the nonimmigrant travels out of the United States, then, a new visa is required to return to the United States.

Nonimmigrant Visa Applicants with Revoked Visas in India do not Qualify for Interview Waiver Program

Following such a revocation, the nonimmigrant visa applicant is not eligible for renewal of the visa using the “Interview Waiver Program”. Such an applicant needs to appear for a personal interview and undergo medical / psychological evaluation by a panel physician before a final decision on admissibility can be made.

Conclusion

A foreign national with a valid nonimmigrant visa who is subsequently arrested or convicted for an offence related to DUI/DWI should consult with an immigration attorney and a criminal attorney to evaluate the available options prior to departure from the United States.