DUIs and Visa Revocations by DOS
The DOS Visa Office has recently instructed consular officers to revoke the visas of visa-holders following a DUI (driving under the influence) arrest. The previous policy simply required a visa applicant with a prior DUI conviction to provide a report from a panel physician. This new policy allows consular posts to revoke nonimmigrant visas and require applicants to present themselves before consular officers sooner than before, where previously this would not happen until the visa expiration date.
DOS has expressed that they take arrests for driving under the influence quite seriously as these crimes cause public safety concerns in addition to serving as potential grounds for visa ineligibility.
Individuals whose visas are revoked by DOS are not eligible for automatic visa revalidation. Those individuals would be inadmissible because they lack appropriate entry documents.
If DOS revokes a visa, Customs and Border Patrol (CBP) is bound by the revocation. CBP will make a case-by-case determination if discretion is warranted as to whether to parole the traveler or refuse admission.
While each case is treated on a case-by-case basis, if an individual has criminal charges pending, the vast majority of the time, these individuals will not be admitted to the United States until the matter is resolved.
If you have questions on obtaining a U.S. visa, please contact our office to schedule a consultation with one of our attorneys today!