When an F1 student is arrested, the U.S. criminal justice system will affect their F-1 or M-1 Visa status.

Your continued presence in the U.S. under a student visa (F-1 or M-1) hinges not only on fulfilling academic requirements but also on adhering to the broader regulations applicable to all visa holders in the country. This includes refraining from engaging in various types of criminal activities. It is incumbent upon you to familiarize yourself with the legal framework in the United States. Avoid emulating the behavior of some domestic students who might risk involvement in offenses such as driving under the influence (DUI or DWI), using illicit substances, possessing illegal firearms, and so forth.

Below are the potential repercussions if an F1 student is arrested while studying in the United States:

• You may face legal consequences in the form of fines or imprisonment.
• Departure from the U.S. may be prohibited until the resolution of your criminal case.
• Your enrollment in the school on which your visa relies could be terminated or suspended.
• Deportation from the U.S. may occur.
• Your student visa or any other visa could be revoked.
• There may be a prohibition on your return to the United States for a specified period or indefinitely.

You’ll Face Punishment Within the U.S. Criminal Court System

If you engage in unlawful activities within the United States, you will be held accountable under the same laws and possible penalties applicable to U.S. citizens. You might face arrest, detention pending trial (or release on bail), prosecution in criminal court, and eventual sentencing, which could include fines, imprisonment, or alternative sanctions.

Numerous criminal matters are efficiently resolved through a plea of guilty, leading to a reduced sentence. However, as an individual born outside the country, you must exercise caution in admitting guilt, as the conviction will have enduring implications for your immigration history.

You Won’t Be Able to Leave the U.S. Until the Criminal Case Is Decided

Upon being accused of a crime in the U.S., departing the country becomes unfeasible until the conclusion of the case and any associated period of incarceration. This could entail a prolonged period of waiting, spanning weeks, months, or even years, during which individuals are unable to reunite with family in their home country for vacation.

There is a possibility of facing suspension or expulsion from educational institutions.

Irrespective of the final verdict regarding your criminal charges, the school may view unfavorably the actions leading to your arrest. This could lead to suspension or expulsion, triggering further consequences. Additionally, the school is obligated to report your absence from classes and studies to the U.S. government’s SEVIS database, potentially leading to a termination of your authorization to stay in the United States.

You might face deportation from the United States.

If USCIS discovers a violation of your immigration status, you, along with your spouse and children, may be placed into removal proceedings in immigration court. Not all offenses lead to deportation, but the list is extensive, including aggravated felonies, crimes involving moral turpitude (CIMTs), drug offenses (or attempts or conspiracies thereof) except for a single possession offense involving 30 grams or less of marijuana for personal use, drug abuse without a court conviction, espionage, firearm violations, and more. Review the Grounds of Deportability for further details.

Following deportation from the United States, you will typically face a bar on reentry for several years, usually ten, unless you qualify for a waiver. Furthermore, even if deportation is avoided, the immigration judge is likely to deem a portion of your time in the United States as “unlawful,” resulting in another reentry bar, as explained in the Consequences of Unlawful Presence in the U.S. — Three- and Ten-Year Time Bars.

Your U.S. Visa Could Be Revoked

If the U.S. consulate in your home country becomes aware of your DUI arrest, it has the authority to revoke your visa remotely. While individuals remain in the United States, the consulate generally cannot take such action for other violations, except for DUIs, as outlined in 9 FAM 403.11-3(U). The reason behind this exception is that the individual was deemed inadmissible upon entry to the U.S. under § 212(a)(1)(A) of the Immigration and Nationality Act, which pertains to health-related grounds of inadmissibility.

You may encounter challenges when attempting to reenter the United States at a later date.

Even following the resolution of your criminal case, and even if the outcome does not render you deportable, having a criminal record could independently deem you inadmissible, meaning you would be ineligible for any future U.S. visa or green card.

Seek legal assistance for both your criminal and immigration matters.

You will probably require the expertise of two attorneys: one specializing in criminal law and another specializing in immigration law. Few attorneys are proficient in both areas.