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Effect of DUI or wet reckless on F1 Visa/ OPT/ work visa

San Diego, CA |

I am an attorney representing a client in a criminal case in which the charge is DUI (California). The offer is for her to plead to a wet reckless - VC 23103 per VC 23103.5 (driving in wilful or wanton disregard for the safety of persons or property after consuming alcohol). She is here on an F1 student visa . She has permisison for OPT (optional practical training) and intends to apply for a work visa. Could anyone give me an idea about the immigration consequences of a conviction for wet reckless or DUI? To be clear, there were no drugs involved. Just alcohol.

Attorney Answers 3


  1. I would suggest you contact directly one of the immigration attorneys on AVVO who practice in California as she/he would have specific knowledge of the implications of these charges. Under Kentucky v. Padilla standard, I don't believe an AVVO general comment would meet the standard set. (this is what was my suggestion to the local defense bar.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  2. One of the consequences is that when they apply for a future U.S. visa, they will be referred to a panel physician who will examine whether they have an issue which renders them inadmissible. It would be best to consult with an immigration attorney regarding the full immigration consequences of the charge.

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

    This message is provided for general informational use only and is not specific legal advice. This communication does not create an attorney-client relationship.


  3. You should contact an immigration attorney to discuss your specific situation in more detail.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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