International F1 Visa Student Criminal Defense, DUI Lawyer (2024)

Arrests cause F1 visa revocation

US Department of State policyauthorizes consular officers to automatically revoke F1 visas for arrests for DUI and crimes. Depending on the arrest, consular posts can choose to revoke student visas by simply sending a mailed letter or email.

It is not uncommon for students to not even know their F1 visa has been revoked until they are refused reentry into the US at the airport after traveling abroad. Many F1 students get stuck in limbo outside the US before even being able to resolve a criminal charge.

If you are an arrested F1 student, it is critical to consult a criminal immigration lawyer to advise you as soon as possible.

The intersection between immigration law and criminal law is one of the most complex areas of US law. Chudnovsky Law is recognized as a premier student criminal defense lawyer and expert in DUI for international students.

Our experienced immigration andLos Angeles criminal defense lawyershave a proven track record of successfully handling thousands of cases including international F1 student visa DUI,misdemeanorshoplifting,felonyand Federal crimes.

Our #1 goal is to get your case dismissed or reduced

An F1 visa DUI or criminal charge does not have to mean you will be convicted or deported. Our student visa lawyers know how to skillfully defend your rights and protect your ability to complete your education in the United States.

International F1 Visa Student Arrest Consequences

When an international student is arrested and fingerprinted, law enforcement agencies now quickly submit that info to national crime databases under theDHS Secure Communities Program.

There are also activities that can get a student placed on the terrorist watchlist system as outlined in the National Counterterrorism Center’sWatchlisting Guidance.

F1 Visa Revoked

The Department of State (DOS) consulate that issued the visa is notified when their F1 visa holder is subject to a “IDENT Watchlist Record” due to an arrest. Usually this triggers an automatic F1 visa revocation, although the issuing consulate has sole discretion.

Once an international student’s visa is revoked, they may not use the visa to enter the US without first reappearing before a US consular officer to re-establish their visa eligibility.

Other Arrest Consequences

While international student arrests are usually for minor misdemeanors such as DUI drunk driving,petty theft or recreational drug possession, the consequences are much more complicated than for US citizens:

You usually must stay in the US until your case is resolved.This means you will be unable to visit friends or family outside the US until your case is completed.
Your F1 visa is revoked even if you are innocent and before you have a chance to defend yourself.Even when we are able to get charges dismissed and you are found innocent, you will still have to go through the hassle and expense of regaining your F1 visa status. Reinstatement of F1 visas requires reappearing before a US consular officer in your country and re-establishing visa eligibility.
You must disclose your arrest record if you wish to re-enter or remain in the USwhen you apply for renewal of your visa or a green card. This applies even if your case is ultimately dismissed.
You may be found to be inadmissible to re-enter or remain in the USif you are convicted of certaindeportable crimes, including most drug crimes and other crimes involving moral turpitude.
You may be placed into removal proceedings before an immigration courtand become an international student deported.
You may also be subject to mandatory detention in a holding facilitywhile your trial before the immigration court is pending in some instances, particularly when certaindrug offensesare involved.

Given the severe consequences international students face, it is critical to consult anOrange County criminal defense attorneythat is also an expert in U.S. immigration laws and F-1 reinstatement.

F1 reinstatement to student status

If your F1 visa has been revoked, there are two paths for regaining F-1 status:

Apply forF1 reinstatement to student visa status, or
Depart the US, apply for a new F1 visa and reenter.

The process to regain valid F-1 status can be challenging and there are a variety of complicated criteria and rules.

Option 1: Reinstating F1 Status

F1 reinstatementis generally available to international students who have fallen out of status due to some violation that is beyond their control.

Your school’s international student advisor’s office can assist you with evaluating whether this option is suitable for you and completing a USCIS reinstatement request.

Eligible students:

Have been out of status for less than 5 months when filing the request.
Pursuing or intend to pursue a full course of study in the immediate future at the program or school that issued theForm I-20.
Do not have a record of willful or repetitive violations of immigrations law.
Have not worked in unauthorized employment.
Are not deportable for any reason other than they overstayed or failed to maintain student status.
Be able to remain in the Unites States while the USCIS application is pending (typically 4-6 months)

Eligible students must also show that their violation of status was outside their control. Example reasons that increase your F1 reinstatement chances include:

Serious illness or physical injury
Natural disasters and events
Neglect or errors made by your international student advisor

Note that revocation due to an arrest is usually not eligible for reinstatement request.

Option 2: Leave the US and Reenter

Under this option you would depart the US, apply for a new F-1 and re-enter. This is the option typically used if your F1 visa has been revoked due to an arrest.

It is critical to consult a student visa lawyer to ensure this is handled properly. You should resolve any criminal charges BEFORE leaving the US.

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