The Department of State has further advised the American Immigration Lawyers Association (AILA) that visa revocations of nonimmigrant visas on the basis of DUI charges are effective only once the applicant has departed from the United States. These revocations on the basis of DUI charges are not effective at the time of an application for change or extension of status.
There have recently been reports of immigration benefits being denied, such as a change of status or extension of status, because the applicant’s previous nonimmigrant visa was prudentially revoked on account of a DUI charge. There have also been reports of individuals being placed in removal proceedings by Immigration and Customs Enforcement (ICE) following these revocations.
However, according to DOS, this should not be happening. The Department of State has confirmed that non-immigrant visa revocations, when based on a DUI charge, are effective only upon departure from the United States. The DOS also advised AILA that they are in the process of on-going dialogue with the Department of Homeland Security on this issue, and that DHS understands as well that these revocations are only effective upon departure.
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