My F1 visa got prudently revoked after a DUI arrest, Can I travel to obtain a new visa what are my chances?

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My F1 visa got prudently revoked after a DUI arrest, But later dui got dismissed as my BAC was 0.05 less than the legal limit at the court leaving me with a speeding ticket and an infraction. I am still studying for my master's and I have a summer break of 3 months and I wish to go back home to apply for the visa again. I have my wife in India

1. What are my chances of approval,
2. Can my wife apply for F2 if I didn't go, what are her chances of approval?
3. Should I wait for any minimum time period before going for visa? Like After OPT etc.
4. WIll I get OPT approval?

Edited by F1_dui_dismissed
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  • 2 months later...

Any alcohol related arrest, including those that do not result in a conviction, make one subject to a prudential revocation of their visa. A prudential revocation does not invalidate or otherwise affect the person's status in the U.S., but requires that the person apply for a visa again when they travel abroad.

Usually, but not always, a simple DUI and related offenses do not make one subject to inadmissibility or removal from the U.S. However, you should consult with an immigration lawyer to be sure. Murthy Law Firm lawyers are highly knowledgeable in this area and could provide you with a complete analysis of your situation.

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