DUII Visa Provisional Revocation

[Arjun Vijay]

Hello all, 

Last year on June 19, 2018 I was arrested for DUII, My H1-B receipt was picked about 2 weeks before that and after a few days I got my visa approval as well. 

I will be going for my H1-B visa stamping in September this year and my doubt is 

1) Since my H1-b was picked just days before I got arrested and later approved, Was my F-1 visa (I was on STEM OPT before that) still provisionally revoked ? I have not been contacted or received any email informing me so but since it is the law I am slightly confused as to what happened to my F-1 visa. 

2) If no, then should I still mention in my DS-160 form that my visa was revoked ? 

 

Thanks!

 

[MurthyIndia_Lawyer]

In general, the U.S. Department of State (DOS) can prudentially revoke a visa foil (commonly referred to as a visa “stamp”) for those convicted, or even just arrested, for driving while under the influence of alcohol. Off late, DOS has started prudentially revoking visas for non-alcohol related arrests, including domestic violence and shoplifting.

Given the above, there is a high chance the DOS ought to have prudentially revoked your F1 visa. We recommend you to verify the email inbox (the email ID listed on your previous DS160) including junk folders for an email from the consular post that issued your visa.

It is best for you to consult an experienced immigration attorney before proceeding with your DS 160 to ensure that you provide accurate information.