Beginning November 5, 2015, U.S. Consulates were instructed by the Visa Office to send notices to visa holders informing them that their visas had been revoked due to a report that they had been arrested for driving while under the influence within the last five years, unless the arrest was addressed within the context of a visa application. The revocation does not require a conviction or admission of guilt. The notice instructs the visa holder to reapply for a visa. They will then be referred to a panel physician for a medical examination prior to visa issuance to rule out a medical ineligibility.
Thus, any visa holder in the U.S. who has been arrested within the last five years may find they are unable to return to the U.S. after a departure for even a weekend holiday or vacation and even without receiving notice or having a conviction.
Please contact us with questions.
This message has been released by the Immigration Group at Ryan, Swanson & Cleveland, PLLC to advise of recent developments in the law. Because each situation is different, this information is intended for general information purposes only and is not intended to provide legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington.