Defending International F1 Visa Students Facing Criminal Charges or DUI

International students studying in the U.S. on F1 visas face unique challenges when accused of crimes or traffic violations like DUI. Even minor offenses can threaten their immigration status and ability to remain in the country. This article provides an overview of the potential consequences and defenses available for F1 visa holders charged with crimes.

Overview of F1 Student Visas

The F1 visa allows foreign students to enter the U.S. to enroll full-time in an academic program at an accredited college, university, seminary, conservatory, or language training program[1]. To obtain the visa initially, applicants must prove they:

• Have been accepted to a SEVIS-approved school
• Can pay for tuition, fees, and living expenses
• Plan to return home after finishing their studies

Once in the U.S., F1 visa holders must maintain their status by:

• Taking a full course load every term
• Making progress towards completing their program
• Not working off-campus without authorization
• Following all other visa rules and regulations[2]

F1 students are admitted on the condition they obey all federal, state, and local laws while residing in the U.S[3]. Even a minor criminal offense or traffic violation can threaten their immigration status if not handled properly.

Crimes Involving Moral Turpitude

Under immigration law, non-citizens convicted of “crimes involving moral turpitude” may be deported and barred from re-entering the U.S. [4]. While there is no exhaustive list, crimes involving evil intent or recklessness are more likely to be considered turpitudinous. Some examples include:

• Assault, battery, domestic violence
• Theft, shoplifting, burglary
• Fraud, identity theft
• Sex crimes
• DUI, vehicular manslaughter[5]

However, authorities evaluate each case individually based on all the circumstances. For instance, simple DUI or petty theft may not involve moral turpitude, while more aggravated versions likely would.

An experienced criminal immigration lawyer can argue your offense does not qualify as a CIMT to avoid immigration consequences. They may also be able to get charges reduced to a non-CIMT violation through plea bargaining.

Effect of Arrests and Convictions on F1 Status

Any criminal arrest or conviction threatens an F1 student’s lawful status, even if the offense is minor. Consequences include:

• Automatic visa revocation – The U.S. Department of State now automatically revokes visas if the holder is arrested for DUI or other crimes[6]. This is done by sending a cancellation letter, without a court hearing.
• Loss of status – Criminal activity is grounds for terminating lawful F1 status under immigration law. This makes the visa holder deportable.
• Inadmissibility – Non-citizens convicted of certain offenses are barred from entering or re-entering the U.S. . This applies to F1 holders traveling outside the country.
• Removal proceedings – Those who lose status may be placed in removal (deportation) proceedings. ICE has discretion whether to pursue this.
• Visa renewals denied – Arrests and convictions must be disclosed when applying to renew an F1 visa. This allows consular officers to deny renewals.

Avoiding Immigration Consequences of Crimes

The immigration impact of arrests or convictions can be minimized by retaining an experienced criminal immigration attorney. Common strategies include:

• Plea bargaining – Negotiating with prosecutors to get criminal charges reduced or dismissed. This avoids convictions for offenses with immigration consequences.
• Diversion programs – Completing rehab, community service, or other requirements to earn a dismissal. This leaves no conviction on record.
• Record expungement – Having criminal records sealed or destroyed under state laws. This eliminates evidence of a conviction that could impact immigration status.
• Immigration waivers – Applying for an I-601A provisional unlawful presence waiver before leaving the U.S., if barred due to unlawful presence triggers.
• Deferred action – Seeking prosecutorial discretion from ICE to temporarily defer removal proceedings. This allows students to keep studying in the U.S.
• Cancellation of removal – Asking an immigration judge to stop deportation due to extreme hardship. This relief requires meeting strict eligibility criteria.
• Adjustment of status – Applying to change from F1 to lawful permanent resident status, which provides protection from deportation. A pending green card application can also pause removal proceedings.

University Disciplinary Action

In addition to criminal consequences, arrests or misconduct can trigger disciplinary proceedings at the student’s college or university. Potential academic punishments include:

• Probation, suspension, or expulsion
• Loss of on-campus housing
• Restrictions on activities
• Notation on academic records

Schools are required to report any disciplinary action taken against an F1 student to immigration officials within 21 days. Significant sanctions like suspension or expulsion can independently end a student’s lawful F1 status for failure to maintain full-time enrollment.

Defenses Against DUI for F1 Students

The best chance at averting immigration consequences is beating the DUI charge entirely. An aggressive defense may get the case dismissed or charges reduced to a non-DUI offense like reckless driving. Possible defenses include:

• Lack of probable cause – The officer lacked valid reasons to initiate the DUI investigation and arrest. Evidence arising from an improper stop/arrest may be suppressed.
• Miranda violations – The arresting officer failed to properly advise of constitutional rights, tainting subsequent statements.
• Illegal search – The blood/breath test was conducted without a warrant or consent, in violation of the 4th Amendment.
• Faulty chemical test – Errors in administering the BAC test make results unreliable and inadmissible.
• Rising blood alcohol level – Absorption of alcohol after driving but before testing created the appearance of intoxication over the legal limit.
• Medical conditions – Health problems like diabetes mimic signs of impairment during field sobriety exercises.
• Prescription medications – Adverse reactions to lawfully prescribed drugs accounted for apparent signs of intoxication.

An experienced DUI lawyer can raise these defenses and attack the prosecutor’s evidence through motions, hearings, and at trial. Just landing a reduction to a non-alcohol offense may save the student’s immigration status.

Avoiding False Accusations

Some basic precautions can help F1 students avoid criminal allegations in the first place:

• Follow all laws and university policies, including those related to drugs, alcohol, noise, parties, etc. Avoid activities that could attract police attention.
• Choose friends and companions carefully. Do not hang out with those who use drugs or commit crimes. Avoid places where illegal activities occur.
• Be wary of romantic partners. False accusations of domestic violence or sexual assault by a vindictive partner can destroy an academic career. End unhealthy relationships.
• Avoid confrontations and conflicts. Walk away from volatile situations before they escalate into potential assault or disorderly conduct charges.
• Be respectful and compliant during police encounters. Do not resist officers, even if you believe their actions are improper.
• Remain silent and request an attorney if questioned or arrested by police. Never admit guilt or provide statements without legal counsel.
• Contact a criminal defense lawyer immediately if charged with any offense. Early intervention provides the best chance at an optimal outcome.

While not foolproof, following these common sense measures can help F1 students avoid criminal arrests or allegations during their studies in the U.S.