F-1, H-1B visa holders beware! Drunk driving can lead to visa revocation

Did you know that if you are caught drunk driving in the United States while on a student or work visa, your visa could be revoked? That’s what happened to a University of Minnesota graduate student, whose detention by immigration officials has triggered student protests and calls for clarity.

 

The student, who was on an F-1 visa and enrolled at the university’s business school in Minneapolis, was taken into custody by US Immigration and Customs Enforcement (ICE) last Thursday at an off-campus residence. No official reason was shared at the time, but the move came amid growing scrutiny over student visa holders involved in pro-Palestinian protests on US campuses.

 

Over 300 student visas have been cancelled in recent weeks, targeting foreign nationals linked to campus protests, according to the US government.

 

“Every country in the world has a right to decide who comes in and who doesn’t,” said US Secretary of State Marco Rubio at a press briefing, according to Bloomberg. “We’re looking every day for these lunatics that are tearing things up.”

 

But the University of Minnesota case was different.

 

Arrest was over drunk driving, not protests

 

“This is not related to student protests,” the Department of Homeland Security said in a statement. “The individual in question was arrested after a visa revocation by the State Department related to a prior criminal history for a Driving under the influence (DUI).”

 

Immigration experts say visa holders in the US need to be aware of how strictly offences like drunk driving are treated.

 

“In the United States, visas can be revoked for offences such as drunk driving,” Ketan Mukhija, senior partner at Burgeon Law told Business Standard. “Under the US Department of State’s prudential revocation policy, even a DUI arrest without a conviction can lead to visa cancellation.”

 

Ajay Sharma, an immigration expert, said the consequences go beyond student visas.

 

“Drunken driving is taken extremely seriously in countries like the US. It’s not just student visas—permanent residency (PR) visas can also be revoked if someone is caught repeatedly driving under the influence,” Sharma told Business Standard.

 

He gave the example of a student who moves from a visa to an open work permit and then applies for PR.

 

“Even during the post-graduation period, such as while on Optional Practical Training (OPT) or other post-study work options, a DUI offence could result in the refusal of a green card application,” he said. “This is why anyone on a temporary visa should strictly avoid it.”

 

Mukhija added, “The immigration consequences are severe. Green Card holders risk deportation for multiple offences, international students might face immediate visa revocation, and non-citizen immigrants may be deemed inadmissible or face removal proceedings. While US citizens are subject to legal penalties, their status remains unaffected.”

 

No clarity yet on student’s detention  

 

The university, meanwhile, said it had not received any formal explanation from immigration officials.

 

President Edward Inch of Minnesota State University Mankato said in a letter to the campus community, accessed by Business Standard, “No reason was given. The university has received no information from ICE, and they have not requested any information from us. I have contacted our elected officials to share my concerns and ask for their help in stopping this activity within our community of learners.”

 

US Senator Tina Smith said the incident fits into a pattern of unexplained student detentions.

 

“This is becoming a deeply concerning pattern, where ICE detains students with little to no explanation … and ignores their rights to due process,” she said in a post on X (formerly Twitter). “I will keep pressing the administration for answers about these arrests and work to get answers from federal immigration authorities about this case.”

 

Neither of the universities has named the student or revealed their nationality.