As of November 5, 2015, the Department of State Visa Office requires consular officers to prudentially revoke the nonimmigrant visas of visa-holders with a DUI arrest or conviction that has occurred within the past five (5) years. 

What is prudential revocation? 

  • Prudential revocation occurs when, after visa issuance, information surfaced that has called into question the visa-holder’s continued eligibility for a visa. 

  • The Department does not need to inform visa-holders of the legal grounds and factual bases for the revocation.  The visa-holder will not receive an “intent to revoke” letter and is not permitted to submit evidence of continued eligibility for his/her visa. 

  • The Department can revoke a visa even if the visa-holder is in, or en route, to the U.S. 

  • Prudential revocation should not occur where a person received his/her visa after reapplication or where the DUI arrest was known to the consular officer, medical exams were conducted, and the visa was issued. 

Who is affected by this policy? 

Any visa-holder who is subject to a Watchlist Promote Hit (inter-agency information sharing database) for an arrest or conviction for driving under the influence, driving while intoxicated, or similar arrests/convictions that occurred within the past five (5) years. 

What will happen if my visa is revoked? 

  • Visa revocation does NOT impact the visa-holder’s immigration status or ability to stay in the U.S. pursuant to a lawful admission at a U.S. port of entry. 

  • Persons whose visas have been revoked do NOT need to immediately depart the U.S. 

  • Persons whose visas have been revoked MAY reapply and reestablish eligibility for the same type of visa at a consular post abroad. 

  • DUI arrests are evidence of possible visa ineligibility and are sufficient cause for referral to a panel physician for a medical examination prior to visa issuance. 

If you have any questions regarding the information in this client advisory or would like assistance in reapplying for a nonimmigrant visa, please contact one of our attorneys at +1 855.428.3762 or contact@bzlawusa.com.  

This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact your life. Meet with an attorney in person to obtain competent personal and professional guidance.