STUDENT VISA/IMMIGRATION CONSEQUENCES OF A DUI

If you are here in the United States on a F1 student visa, then a DUI arrest on its own can result in your student visa being revoked by the State Department. The federal government has been using a new policy stating that DUIs are a health-related issue on which they can base visa revocations. On top of these visa revocations, students are often not even notified that their visa has been revoked, only finding out once they leave the United States and try to reenter without the appropriate approval. If your F1 student visa has been revoked because of a DUI arrest, then you will have to reapply for a new F1 student visa and will have to mention your DUI arrest on your application. You can either request a reinstatement of your F1 student visa while remaining in the United States, or you can leave the United States, apply for a new F1 student visa, and reenter if it is approved. Make sure you consult with an experienced lawyer before you decide how to approach this issue.

If you are here in the United States on a H-1B visa, then a DUI arrest on its own can result in your visa being revoked by the State Department. Just like with F1 visas, the federal government has been using a new policy stating that DUIs are a health-related issue on which they can base visa revocations. On top of these visa revocations, H-1B visa holders are often not even notified that their visa has been revoked, only finding out once they leave the United States and try to reenter without the appropriate approval. If your H-1B visa has been revoked because of a DUI arrest, then you will have to reapply for a new H-1B visa and will have to mention your DUI arrest on your application. You must mention your DUI arrest to your employer as they sponsor your employee status, which is the basis for your ability to live and work in the United States in the first place. You cannot request a reinstatement of your H-1B visa on your own. Your employer must file a new application for you for you to reinstate your H-1B status. Just as with F1 student visa revocations, make sure you consult with an experienced lawyer before you decide what to do if your H-1B visa has been revoked.

Yes, as a client of East Lansing DUI, we will connect you with a trusted immigration attorney who can answer your basic questions regarding the effects of DUI conviction on your immigrant or non-immigrant status here in the United States. If necessary, you can also retain this attorney to represent you on any potential immigration issues that you might face as a result of your DUI case. Your situation might require simple paperwork to be filed, or it may require in-depth legal work in order to maintain your status and ability to legally remain in the United States. As our client, you will always be informed of any potential issues in your case, and we will work as a team to devise the best approach to handle any and all legal issues.

In general, a basic first DUI charge and conviction does not in itself trigger deportation proceedings. If you are charged with a felony DUI, or a DUI that involves drugs, then you may face potential deportation. If you have multiple DUI convictions, that also may trigger deportation proceedings against you. It is important to understand what your legal status in the United States is, and how it can be affected by any arrests or convictions. While finding a website such as this can be a great resource, it is not a substitute for the advice of an experienced attorney. Make sure to speak with an experienced attorney who can help you understand how a DUI arrest and/or conviction will affect you specifically.

A DUI conviction, in itself, does not bar an individual from becoming a naturalized citizen. It still can prevent you from getting your citizenship due to the “good moral character” requirement found on naturalization applications. An applicant for naturalization must show good moral character for a period of at least five years preceding their application. While it is not automatic, a DUI conviction within the past five years will likely prevent a United States Citizenship and Immigration Services (USCIS) Officer from approving a naturalization application. The length of time since a DUI conviction is important, as are the circumstances that surrounded the conviction. Your disclosure to USCIS on your naturalization application is also critically important, if you leave out important information relating to your case, then it can be alleged that you did so on purpose to hide something. This allegation can be worse for your naturalization application than a DUI conviction. If you are preparing to apply for naturalization, then make sure you discuss any prior arrests or convictions with your attorney before you file anything with USCIS.