It is important for international students and scholars to be aware that if you are arrested, charged, or convicted while in the United States, it could impact your current or future immigration status, any future immigration or visa applications, and your interactions with immigration and consular authorities.
J-1 exchange visitors. The International Offices are required by law to report the arrests, charges, or convictions of any J-1 students or scholars or their J-2 dependents to BridgeUSA. Depending on the situation, BridgeUSA may recommend the termination of your J-1 program.
Driving Under the Influence (DUI). For any alcohol-related arrest or conviction, the Department of State (DOS) will be notified and may "prudentially revoke" your valid nonimmigrant visa. This usually happens fairly quickly after an arrest. You will be informed of the visa revocation by DOS, but you will be able to remain in the United States for the duration of your status. Any subsequent international travel will require a new visa application and an examination by a panel physician affiliated with the U.S. Consulate. This could result in your inability to return to the United States for one year.
Cannabis. While California Proposition 64 legalizes personal use of marijuana for adults 21 years of age or older, marijuana usage is still illegal under Federal law, which international students and scholars are expected to follow. You could be refused entry into the United States based on your statements that indicate or suggest illegal drug use, including on social media.
Freedom of Speech and Demonstrations. Orderly demonstrations, peaceful assembly, and freedom of speech are protected by the First Amendment of the U.S. Constitution and California law. International students and scholars are free to participate in lawful demonstrations and freedom of speech. However, unlawful speech or conduct, such as incitement of imminent violence, true threats, and trespassing, is not protected by the First Amendment and may result in arrest.
Arrests. For additional information about the potential ramifications of an arrest or your rights if you are arrested, you can review the resources below and should consider consulting with an attorney.
Home Country Impact. In addition to considering the possible immigration consequences in the United States, you may want to consider how any possible or potential ramifications of your conduct could be interpreted in your home country and what, if any, consequences may result when you return home. Each country has its own laws and expectations regarding what are acceptable activities and speech, both at protests and when posting on social media and online.
Nothing in this guidance should be considered legal advice.
Resources