I have a DUI arrest. Can I travel overseas?
DUIs can make international travel tricky for U.S. visa and green card holders. The ramifications depend on your U.S. immigration status and the seriousness of the DUI.
For U.S. visa holders:
A DUI charge in the U.S. can trigger what is called “prudential revocation” of a visa, making return to the U.S. on that visa impossible. A visa is an entry document, and, once revoked, can no longer be used to enter the United States. If your visa is “prudentially revoked” due to a DUI arrest, you will need to apply for a new visa to re-enter. You do not need to immediately depart the U.S. but must abide the terms of your visa class and I-94. Missed court dates can lead to arrest or bench warrants, which may negatively impact your visa application. Keeping records of your court case (certified is best) and understanding the terms of your release is important. Depending on the nature of the DUI, immigration consequences can be as serious as a visa ineligibility. Certain DUI convictions can be considered “aggravated drunk driving”, and lead to a CIMT (crimes involving moral turpitude) finding.
If you leave the U.S., you will need to present yourself at a U.S. Embassy or Consulate for a new visa application. You likely also need to visit a panel physician. Your visa approval is not guaranteed, even if your DUI charge has been dismissed. The panel physician review is not simply "pre-clearance” and your visa may still be refused 214(b). Consulting with an attorney before re-applying is advised, as there are some possible pitfalls to be aware of.
If you are in the U.S. on a nonimmigrant visa and have been arrested for a DUI, you may be notified by email if your visa is revoked. You can also check here (but realize that the CEAC may not always display the update): CEAC Visa Status Check. You will need the case number (not the visa number).
For Lawful Permanent Residents (green card holders):
If you have a green card and have been arrested for DUI, you should understand the terms of any bond or bail release, and whether the criminal court has prohibited international travel. If your criminal case does not affect your ability to leave the U.S., know that international travel is not blocked by immigration law, but you may face more in-depth questioning or referral to “secondary” inspection by Customs and Border Protection (CBP) upon U.S. re-entry. Like for visa holders, record-keeping is important. Carrying certified court documents that show case outcomes, completed sentences, and paid fines may help speed the re-entry process.
For green card holders, one other possible pitfall exists. If you lose you green card while traveling, a DUI conviction can create delays in approval for a replacement. You should also realize that some DUIs are more consequential than others for immigration purposes. DUIs resulting in serious injury or death, for example, may lead to inadmissibility.
DUIs are nuanced, both in criminal and immigration law, and consulting with an immigration attorney who can review your criminal record before you leave the U.S. is a prudent.
