Opinion

Visa revoked for misdemeanor DUI

IMMIGRATION CORNER - Michael J. Gurfinkel - The Philippine Star

July 6, 2025 | 12:00am

A graduate student at Marshall University in West Virginia is fighting for his immigration life after the Department of Homeland Security (DHS) revoked his student visa because of a nonviolent misdemeanor charge for operating a vehicle under the influence of alcohol in 2020.

He was sentenced to probation, which was terminated early for good behavior and compliance. After driving under the influence (DUI) incident, he applied for his student visa, which was granted or approved. He rightly thought everything was fine and he could continue his studies and graduate. Then, out of nowhere, he received a notice that his visa was being revoked.

According to the American Civil Liberties Union (ACLU), this student “had no notice. He had no warning. He had no opportunity to figure out how this is going to affect his last few weeks of school or his graduation. He had very little explanation about why it happened. It was one broken sentence and an email” simply notifying him his student visa was revoked.

The revocation of the person’s visa has made him susceptible to deportation. However, the ACLU filed a lawsuit and was able to obtain a temporary restraining order from a federal judge, allowing this student to remain in the US while the student fights to have his status restored.

The lesson to be learned from this incident is it illustrates how tough the Trump administration is in connection with immigration enforcement. In this particular case, we’re dealing with a relatively minor DUI incident. Yet, the Trump administration is going after the student. I know Trump campaigned on immigration enforcement. But he kept emphasizing how he wanted to go after the dangerous criminals. The felons who committed violent crimes. The gang members. Who would have imagined jaywalking or, in this case, a minor DUI, could have such severe and devastating immigration consequences that could result in deportation now that the person’s student visa was revoked.

And this case should serve as a lesson or warning to all other non-citizens, even green card holders who have any minor criminal matter on their record, because now it’s difficult to know whether a relatively minor crime, or misdemeanor, could result in severe immigration consequences. This is especially true if the person either applies for naturalization or travels outside the US. This is because, upon naturalization, a person’s whole immigration history is examined in terms of whether they obtained their green card lawfully and properly and whether they have any crimes after becoming a green card holder.

Or, if they travel outside the US, upon their return, the Customs and Border Protection (CBP) may have access to all their criminal records, including DUI, potential domestic violence, etc.

That’s why I recommend that if you are a green card holder and are eligible for naturalization, you should consider naturalizing as a safety net or buffer zone. But make sure to consult with an attorney to make sure it’s safe. And if you’re thinking about traveling outside the US but you have some issues concerning your past or your record, again, consult with an attorney, because you don’t want to find out for the first time you have problems at the airport when you return from abroad.

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