Executive Summary:  

• A DUI arrest can prompt U.S. visa revocation before a criminal conviction.
• A revoked visa cannot support reentry to the United States; authorized stay within the country requires a separate assessment.
• The Foreign Affairs Manual directs consular officers to refer certain applicants with alcohol-related arrests or convictions for medical examinations.
• DUI-related visa refusals without required medical referrals raise procedural concerns. The stated legal reason for refusal determines the available response.

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A DUI (driving under the influence of alcohol) arrest can put your U.S. job at risk before a judge decides the criminal case. If the U.S. State Department revokes your visa, traveling home to Japan may leave you waiting overseas for permission to reenter the United States. Your employer still needs you at work, and your family may be waiting for you.

For foreign businesses operating in the U.S., an employee’s arrest can also disrupt months of planning. The immediate concern is visa cancellation. The next concern is whether the employee can obtain another visa, particularly amid reports of denials without the medical evaluation described in the government’s own instructions.

The Government Can Revoke a Visa After an Arrest

The U.S. State Department regulations permit visa revocation following a DUI arrest within the previous five years, subject to exceptions such as an arrest already evaluated during a visa application. This process, called prudential revocation, allows the government to act on a possible medical ground of ineligibility before a criminal conviction.

A visa allows someone to travel to a U.S. port of entry and request admission. Their authorized stay inside the country is a separate issue, generally documented on Form I-94. After a visa is revoked, immigration counsel needs to evaluate the person’s status and any proposed travel. Departing the country can create an immediate obstacle: the revoked visa cannot support reentry.

The Procedure Includes a Medical Evaluation

The Foreign Affairs Manual contains the State Department’s instructions for consular officers. Its alcohol-related referral provisions direct officers to send applicants to an approved physician when they have:

• One alcohol-related arrest or conviction within five years.
• Two or more alcohol-related arrests or convictions within ten years.
• Other evidence suggesting an alcohol problem.

The medical examination evaluates whether a disorder and associated harmful behavior create a medical ground for denying the visa. The physician supplies the medical findings; the consular officer decides whether the applicant qualifies for issuance. The manual also provides exceptions to repeat examinations for certain previously evaluated applicants.

This process gives the applicant an opportunity to receive an individual medical assessment. An arrest record cannot provide that assessment.

Denials Without Medical Referrals Require an Explanation

Reports of applicants receiving DUI-related visa refusals without an opportunity for a medical examination raise a serious procedural concern. When suspected alcohol-related medical ineligibility drives the decision, bypassing the required referral undermines the process the U.S. State Department has instructed officers to follow.

The government should follow its published procedures, and applicants should receive a decision supported by the applicable law and evidence.

The legal basis written on the refusal notice is essential. In some cases, a refusal may allow further processing after additional evidence or an examination, while a refusal under another provision may raise different eligibility issues. Each requires a response tailored to the stated reason. The published guidance does not establish a universal, permanent visa ban for everyone arrested for DUI.

Employers Need to Account for the Immigration Consequences

For Japanese companies relying on E visa employees or L-1 employee transfers, an employee’s absence can postpone an opening or leave a U.S. team without its manager. A routine trip may become an extended separation from work and family.

Coordinating criminal defense with immigration counsel helps the employee evaluate those risks. Reviewing arrest records, consular notices, and travel plans also supports preparation for a visa interview. Resolving the criminal case is one part of the work; securing permission to reenter requires its own assessment.

Address the Visa Risk Before Leaving the U.S.

A DUI arrest warrants a candid assessment of your immigration position before international travel. Valvo & Associates helps employees and employers evaluate revocation notices, visa refusals, and whether consular officers followed the required procedure. Contact our team at +1 (213) 689-8886 to discuss the arrest and its implications for your U.S. employment.

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FAQ: DUI Arrests, Visa Revocation, and International Travel