Key Takeaways
- DUI and reckless driving arrests can have immigration consequences for foreign nationals holding U.S. nonimmigrant visas, even when the criminal case has not resulted in a conviction.
- The Department of State can revoke a visa after learning of an arrest under its prudential revocation authority.
- Visa revocation can happen while a criminal case is still pending, so it’s important to contact a Maryland criminal defense attorney at Alpert Schreyer, LLC as soon as possible.
Foreign nationals with U.S. nonimmigrant visas are facing increased scrutiny following a significant rise in visa revocations by the U.S. Department of State. The Trump administration has revoked over 100,000 nonimmigrant visas in 2025; approximately 16,000 were due to DUI-related or reckless driving arrests, regardless of whether it led to a conviction. Under the State Department’s “prudential revocation” policy, a visa may be revoked after the department is notified of an arrest.
For foreign nationals living, working, studying, or traveling in the U.S., a DUI or other driving-related offense can have severe consequences that put a person’s U.S. visa, and the ability to enter or remain in the country at risk. If you’re a foreign national who’s been arrested for DUI or reckless driving, contact Alpert Schreyer, LLCs Maryland criminal defense attorneys for a free case consultation 24/7 by calling us at (301) 720-1309 or filling out our online form.
How Can a DUI Arrest Affect a U.S. Nonimmigrant Visa?
A U.S. visa allows a foreign national to travel to a U.S. port of entry and request admission, however, it doesn’t guarantee entry into the United States. The Department of State has the authority to revoke a previously issued visa if circumstances arise that affect the holder’s eligibility. Consequences of a DUI arrest can potentially affect:
- A currently valid nonimmigrant visa
- Future visa applications
- Admission to the United States
- International travel and reentry
- Immigration status
- Future immigration benefits
The Department of State has stepped up its screening and enforcement efforts, so it’s more important than ever for noncitizens to understand how a criminal arrest or charge can affect their immigration status and ability to travel to the United States.
How Can a Reckless Driving Arrest Affect a U.S. Nonimmigrant Visa?
Reckless driving can raise immigration concerns with the Department of State, especially when the arrest involves aggravating circumstances such as alcohol or drug use, excessive speed, an accident, injuries, or multiple offenses.
Not every reckless driving charge will have the same visa consequences. Foreign nationals should consult an experienced reckless driving attorney at Alpert Schreyer, LLC to understand how an arrest could affect their nonimmigrant status.
What Should Foreign Nationals Do After a DUI or Reckless Driving Arrest?
If you’re in the U.S. on a nonimmigrant visa and have been arrested for a DUI or reckless driving charge, here are steps to take.
- Understand exactly what you were charged with because the specific criminal statute and allegations are important when determining potential immigration consequences.
- Save charging documents, court records, police reports, disposition documents, and court requirements.
- Don’t assume your visa isn’t affected. A criminal case can have consequences that extend beyond the state criminal justice system and could affect your immigration status.
- Contact an experienced DUI and reckless driving attorney as soon as possible.
Maryland DUI & Reckless Driving Attorneys for Nonimmigrant Visa Holders
If you’re a foreign national with a U.S. nonimmigrant visa and have been arrested for a DUI or reckless driving, there’s no time to wait when it comes to contacting an attorney. A visa can be revoked while a criminal case is still pending. Which is why having an attorney with advanced knowledge of DUI law can make a significant difference in your defense. Attorney Andrew Alpert holds the honor of being Maryland’s first and only attorney Board Certified in DUI Defense Law by the National College for DUI Defense and has the advanced knowledge and skills to aggressively defend clients facing serious charges.
Contact Alpert Schreyer, LLCs Maryland criminal defense attorneys as soon as possible for a free, confidential case consultation 24/7 by calling (301) 720-1309 or filling out our online contact form. During your consultation we will:
- Go through what happened in detail (e.g. why you were stopped, whether you took a breath, blood, or field sobriety test, your BAC level, what the officer said and if your rights were explained).
- Review any documents or evidence you have such as the arrest report or citation, court notices, or test results.
- Go over challenges or weaknesses in the case.
- Explain the charges and potential consequences of your visa.
- Explain the legal process and next steps.
We have offices in Waldorf, Rockville, Lanham, and Frederick, and proudly serve clients in Prince George’s County, Calvert County, Frederick County, St. Mary’s County, County, Charles County, all of Maryland, and the District of Columbia.
FAQs
Can the U.S. revoke my visa if I haven't been convicted of a DUI?
Under the State Department's prudential revocation authority, a visa can be revoked upon notification of an arrest. A conviction isn’t required for a revocation.
Will a revoked visa automatically lead to deportation?
A visa revocation doesn’t automatically mean a person will be deported. Immigration and removal decisions are handled under a separate process by the Department of Homeland Security (DHS). However, a visa revocation can create serious immigration and travel consequences.
How quickly can a visa be revoked after an arrest?
A visa can be revoked pretty quickly after the Department of State learns of an arrest, even before the case concluded.