Effects of Arrest on Visa Status
Disclaimer Notice:
These materials are presented for informational purposes only and do not constitute legal advice on a particular matter. Legal advice must be tailored to the specific facts and circumstances relating to an issue. For legal advice on a particular matter, please consult with a personal attorney.
Being arrested while holding a nonimmigrant status can put you in violation of your status and affect your ability to re-enter the United States or in some cases remain in the US.
Most of us will never be arrested during our entire lives, but it does happen to some students and scholars each year. Common misdemeanor or felony arrests can include theft, drunk driving, shoplifting, drug possession, disorderly conduct or trespassing. Any arrest, regardless of the outcome, may be something that you will carry with you for the rest of your life. Always obey the laws.
An arrest could have a major impact on your legal status or visa validity. Regardless of the outcome of a case, the arrest record will eventually find its way into the US government’s federal databases, and will appear when someone applies for a US visa or attempts to enter the US. US visa and other government related application forms ask whether you have ever been arrested. It’s important for you to answer this question honestly, but be aware of the impact this may have on your application.
If you have been arrested, inform the ISSS office. If you find yourself arrested or charged with a crime, we recommend you hire an attorney. ISSS can provide referrals should you find yourself in the need of an attorney.
Examples of Unlawful Activities
- Drinking/Purchasing alcoholic beverages under the age of 21
- Driving while under the influence of alcohol or drugs (including certain medications)
- Using/selling illegal drugs
- Providing false statements on government forms
- Stalking or harassing others. Note: Acceptable behavior may differ in your culture, but it is important to understand how it is viewed in the United States.
- Threatening others, which may be viewed as a terrorist threat
- Harming others
Here are some common questions students have on the topic of arrests:
If you are arrested by the police in the U.S., you may be placed in handcuffs, recited your “Miranda rights” by the officer, and taken into custody.
In addition to being taken into custody, it’s important for you to realize that some seemingly minor interactions with the police can nevertheless result in an arrest record. For example, getting a Desk Appearance Ticket means that you have been arrested. This means that you would need to answer “yes” to any questions about past arrests. Some examples of actions that could result in Desk Appearance Tickets or arrests:
- Jumping a turnstile or going in through a metro exit gate,
- Any fight or argument leading to police interaction,
- Underage drinking (legal drinking age in the US is 21 years),
- Possession of Marijuana or other illegal drugs,
- Carrying an open alcohol container or drinking in public,
- Any behavior deemed to be sexual harassment or stalking,
- Public urination
- Disorderly conduct (see special considerations for attending or Participating in Protests)
- Trespassing
Visas are granted at the discretion of the individual visa officer. Depending on the severity of the crime, a conviction may make it difficult or impossible for you to get a visa to enter the US. For advice about your specific case, you will need to contact a personal immigration attorney.
An arrest, even without a conviction, may have an impact on your current visa and/or your visa renewal, depending on the nature of the arrest (see more about DUIs below). Never give a false answer to any question during the visa process.
ISSS is required by law to report, within 21 days, “any disciplinary action taken by the school against a student as a result of the student being convicted of a crime”. This reporting action by itself does not automatically result in the termination of status. However, the information will be available to Immigration and Customs Enforcement (ICE) agents, who will determine whether additional action is warranted.
An arrest or conviction that does not result in a disciplinary action by UMD may still be reported by law enforcement officials to ICE, in which case, ICE officials would have the same discretion to determine whether additional action is warranted.
Yes. It is possible that your current U.S. visa stamp could be canceled, especially if you have a "Driving Under the Influence" (DUI) or "Driving While Intoxicated" (DWI) arrest or conviction. Please note, even if you aren't arrested, it is possible this information is available to the U.S. Consulate abroad and they may cancel your valid visa stamp currently on file. This could prevent you from re-entering the U.S. after travel abroad and/or successfully applying for a new visa stamp in the future.
Possibly, but maybe not. This is why getting an attorney is important.
Typically, if your visa stamp itself has been canceled but your status remains valid and unexpired, a visa cancellation does not disrupt your period of stay in the US unless you leave the US. If you depart the US, you must reapply for a new visa stamp.
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