DUI/DWI and Immigration

With Thanksgiving approaching, I hope you all stay safe and don’t drink and drive.  But if you are a non immigrant (ie with say a H, E, an L or a TN visa) and you get caught (not convicted, just caught), you may receive a letter in the mail, cancelling your visa.

But, you say, you thought that you were presumed innocent until proven guilty in America.  And you are right.  Yet, the Department of State has the right to suspend your visa.  Because this is not a legal ground of inadmissibility, it’s a medical ground of inadmissibility

If your I-94 (here) is still valid, you can continue to work in the USA.  However, if you go outside the USA, you will be required to revalidate your visa.  The post will send you to a medical doctor, who will evaluate whether you are “medically fit” (read not an addict) to do your job.

So have fun, drink, but don’t drive if you do drink.  Or at least, don’t get caught

 

Please contact Annie Banerjee at Banerjee & Associates for more information

 

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