This rule is causing panic in the community of those who have F1 student visas, H1B visas, L1 visas or other non-immigrant visas especially the part about DUI or DWI (Driving under the influence).

c. (U) Prudential Revocation for Driving Under the Influence: Either Post or the Department has the authority to prudentially revoke a visa on the basis of a potential INA 212(a)(1)(A) ineligibility when a Watchlist Promote Hit appears for an arrest or conviction of driving under the influence, driving while intoxicated, or similar arrests/convictions (DUI) that occurred within the previous five years. This does not apply when the arrest has already been addressed within the context of a visa application; i.e., the individual has been through the panel physician’s assessment due to the arrest. This does not apply to other alcohol related arrests such as public intoxication that do not involve the operation of a vehicle. Unlike other prudential revocations, consular officers do not need to refer the case to the Department, but can prudentially revoke on their own authority.”

Since it is only the State Department which is actually amending their manuals, our law firm has not encountered any of cases where prudential revocation is being conducted inside the United States, although there is a possibility the DHS starting to use this rule. However, in such cases, the alien will have to go to the process of deportation known as removal proceedings and based on the case of Leocal v Ashcroft, the US Supreme Court found that DUI or DWI are not deportable or inadmissible offenses.

However, it is prudent for all the stakeholders who have some sort of DUI or DWI to actually avoid traveling until we have a better picture of the situation.

If you need help or a consultation on the matter, please call us at 510 742 5887