Experience sharing needed - L1A revoked with DUI arrest (no complaint - case dropped)

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Hi All,

As subject suggested, I have run into a big trouble - here's the background:

I relocated to US on L1A visa (employer blanket petition) and recently I was arrested for DUI - no charge was ever filed against me as my BAC was 0.03, so the case is a no complaint. However, my L1A visa was revoked automatically because of the arrest record.

On my part, I believe this has limited near term impact if I do not leave the US, as I have active I-94 till 2025. However, the complication is that my spouse is outside of the US and his L2 is also revoked - now he cannot joint me.


* In order for my spouse to join me, I'm thinking about leaving the US to get a new L1A visa from US Consulate in Shanghai - if I do that:
> Anyone has experience / insights as to how challenging this may be?
> Do I need a new petition (I-129?) from my employer? (as I need to understand whether I need to inform my employer)
> How long does it usually take?

* Alternatively, is there any other mean for my spouse to join me in the US?

Thank you for any insight / sharing!

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  • 3 weeks later...

Someone who has a visa revoked because of a DUI charge - even when it is then dismissed - will normally be subject to additional medical screening which increases the chance of a visa refusal based on the physician's report. It would generally be safest for such a person to not leave the US while they have a valid I-94 Card. A spouse abroad who needs to apply for a dependent visa can generally do so without the primary applicant travelling abroad.

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  • 1 month later...

Hi All - 

It looks like I may have to go back for re-stamp, due to business travel - anyone can share if I need a new I-129S?  I guess this can be easily confirmed by law firm retained by my employer, but I would not want to risk disclosing the incident to my employer unless I have to.

Any sharing would be much appreciated

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