How to proceed after receiving "US Visa has been Prudentially Revoked", H1-B extension in process?
I had a first offender DUI in 2012, paid fines, attended DUI school etc and it was finally expunged. I had multiple visa stampings after that but never ran into any issue. US visa got approved every time!
Today, I received an email stating "your US visa has been PRUDENTIALLY REVOKED". My last US visa was successfully stamped in 2024. I'm guessing the revocation was due to my prior DUI.
The email also states "The Bureau of Consular Affairs Visa Office has alerted the Department of Homeland Security's Immigration and Customs Enforcement about the visa revocation."
1. What are my next steps?
2. My H1B is valid till May 2026 and my employer is about to file H1B extension of stay (via premium processing). Will visa revocation cause an issue for H1-B approval?
3. My Green Card priority date would be current in couple of months or so. Will I-485 get rejected based on my visa revocation ?
Thanks in advance!
A “prudential revocation” of your visa stamp after a past DUI is NOT a crisis when you are inside the USA and intend to remain, and it does not mean your H-1B status is revoked, your extension will be denied, or your green card will be blocked. This is an automatic safety-rule revocation that the State Department applies to visas, not to your ability to stay in the U.S. or continue immigration benefits. Your next steps depend on whether you plan to travel abroad, but your H-1B extension and I-485 are still approvable, and USCIS does not deny cases based solely on a prudential revocation.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Board Certified Specialist in U.S. Immigration Law, The State Bar of California...
1. What are my next steps? Continue with your H-1B extension and your adjustment of status.
2. My H1B is valid till May 2026 and my employer is about to file H1B extension of stay (via premium processing). Will visa revocation cause an issue for H1-B approval? No
3. My Green Card priority date would be current in couple of months or so. Will I-485 get rejected based on my visa revocation ? No
Although your visa has been revoked, this should not negatively affect your ability to get your H-1B extended and your I-485 approved.
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship. This answer may have been generated with the help of artificial intelligence.
