Prudential revocation of visa after arrest

Prudential revocation of visa after arrest

Prudential revocation of visa after arrest 150 150 Taiyyeba Safri Skomra

Certain criminal convictions may fit within the categories of crimes that render foreign nationals deportable and/or inadmissible. However, even being arrested could trigger the sharing of information from law enforcement authorities with the Department of State. The consular post may revoke a visa after an arrest for driving under the influence of alcohol, without resort to the Visa Office in Washington D.C. But the Visa Office “may revoke a visa if an ineligibility or lack of entitlement is suspected, or for virtually any other reason. This is known as a prudential revocation.” 9 FAM 403.11-5(B). For example, a student in lawful nonimmigrant status in the U.S. arrested for possession of a small amount of marijuana could have his/her visa cancelled by the Visa Office. The student may not receive notice of the revocation until he/she attempts to return to the U.S. and is prevented from boarding a plane. The revocation forces the person to reapply for a new visa and prove whether he/she is admissible.

Therefore, leaving the U.S. after an arrest could lead to a more prolonged absence than anticipated — to complete a new visa application, attend an interview, and face possible inadmissibility. People who have been arrested may wish to consult a qualified immigration attorney to assess the potential consequences of an arrest, evaluate plea options, review visa validity, and discuss travel plans.