Janice Lozano
International students in the United States are subject to both state and federal laws, and underage drinking is illegal across the country. While a single citation for underage drinking is not grounds for deportation, it can have consequences for an individual's visa status. The Department of State has the authority to revoke an individual's visa if they are considered inadmissible to the U.S., and criminal activity or possession of illicit substances may make it harder to change visas or apply for a different immigration status. Driving under the influence of drugs or alcohol (DUI) can also lead to visa revocation, even if the charge is dropped or expunged.
| Characteristics | Values |
|---|---|
| Legal drinking age in the US | 21 years |
| Underage drinking consequences | Arrest, charge, and conviction |
| Underage drinking deportation | Not grounds for deportation, but may cause visa issues |
| DUI/DWI consequences | Visa revocation, possible deportation |
| Criminal record consequences | Increased scrutiny upon re-entry, potential exclusion |
| Visa revocation | Can occur without notification |
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What You'll Learn
Underage drinking laws in the US
International students in the United States are subject to both state and federal laws. While laws regarding alcohol vary across the country, underage drinking is illegal in all 50 states. The minimum drinking age across the US is 21 years old, and individuals under this age caught drinking can be arrested, charged, and convicted of possession of alcohol as a minor. This rule also applies if the minor is merely in the presence of alcohol, such as at a party that gets broken up by law enforcement.
In addition to the federal minimum drinking age, states have adopted a variety of other policies to address underage drinking. Some of these policies include the use of false identification to purchase alcohol, "use/lose" laws that revoke driving privileges for alcohol violations by minors, and "zero-tolerance laws" that set lower blood alcohol concentration levels for drivers under 21. Most states also require individuals to show a picture ID or government-issued identification card to buy alcohol.
While it is not always illegal for people under 21 to drink, the specific circumstances in which it is permitted vary by state. In 45 states, underage drinking is allowed in certain situations, and 29 states permit individuals under 21 to drink with their parent's permission in a private residence or on private property. However, it is important to note that even in these cases, the purchase, possession, and public consumption of alcohol by minors are prohibited.
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Visa revocation for international students
International students in the United States are subject to both state and federal laws. While underage drinking may not directly lead to deportation, it can have serious consequences for an individual's visa status. The legal drinking age in the United States is 21 years old in all 50 states. Individuals under the age of 21 can be arrested, charged, and convicted of possessing or consuming alcohol as a minor, even if they are not drinking it. This rule also applies if they are merely in the presence of alcohol, such as at a college party. Underage drinking can be considered a crime of moral turpitude, which can result in deportation or exclusion from the United States.
The Department of State has the authority to revoke an individual's visa if they are deemed inadmissible to the U.S., which is known as "prudential visa revocation." This can occur based on information shared by state agencies regarding arrests or other legal troubles. While the Department of State may notify the individual, they are not required to do so, and an individual may not know their visa has been revoked until they attempt to re-enter the country. The U.S. consulate in an individual's home country can also revoke a visa if they become aware of an arrest for a DUI or similar offence.
Driving under the influence of drugs or alcohol (DUI) or driving while intoxicated (DWI) can also impact an individual's immigration status. The Department of State has set a precedent for revoking visas for being charged with a DUI or DWI, even if the charge is dropped or reduced. Other violations, such as traffic tickets, shoplifting, or possession of drug paraphernalia, can also lead to deportation or exclusion from the U.S. if they result in a potential jail sentence.
It is important for international students to be aware of the laws and potential consequences of their actions. Seeking advice from an immigration advisor or attorney is recommended to understand the potential repercussions of any legal troubles and to prepare for any interactions with U.S. Customs or Immigration and Customs Enforcement (I.C.E.).
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Criminal charges for underage drinking
International students in the United States are subject to both state and federal laws. While laws vary from state to state, underage drinking is illegal in all 50 states, and the minimum drinking age is 21 years. Underage drinking charges are likely under state criminal laws, and they can have serious consequences. Even if charges are dismissed or expunged, they may still show up on a background check.
In some states, there are exceptions for underage drinking in special cases. These exceptions include when the consumption of alcohol by a minor is part of a religious ceremony, in the presence of a parent or guardian in a private residence, for an educational purpose, or for law enforcement purposes. However, these exceptions do not apply to underage drinking at teen parties.
Underage drinking laws, also known as Minor-in-Possession (MIP) laws, prohibit alcohol possession, purchase, and consumption by those under the legal drinking age. MIP laws also make it a crime for someone to serve, sell, or provide alcohol to a minor. These laws apply even if the minor has a fake ID or is only in the presence of alcohol without consuming it.
The penalties for underage drinking can vary but often include paying fines and fees, attending alcohol counseling or classes, performing community service, and driver's license revocation. For a second offense or more, the penalties will likely be more severe. If an international student is convicted of underage drinking, it can have consequences for their visa status. The Department of State has the authority to revoke an individual's visa if they are considered inadmissible to the U.S., and criminal activity may make it harder to change visas or apply for a different immigration status.
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Immigration status and deportation
International students in the United States are subject to both state and federal laws. While underage drinking may not be grounds for deportation, it is illegal in all 50 states to drink under the age of 21. Individuals under 21 can be arrested, charged, and convicted of possession of alcohol as a minor, even if they are not drinking it and are merely in its presence. This can occur when officials break up large parties and issue chemical tests, deeming it impractical to test every individual.
The Department of State has the authority to revoke an individual's visa if they are considered inadmissible to the U.S. This is called "prudential visa revocation" and can occur without the individual appearing before an officer. The Department of State is not required to notify the individual of the revocation, and they may only discover this when attempting to re-enter the country. The Department of State has set a precedent for revocation of visas for being charged with a DUI or DWI, even if the charge was dropped or pleaded down. This can also occur for criminal activity and less severe misdemeanors.
If USCIS catches an individual in a criminal or immigration status violation, it could place them in removal (deportation) proceedings in immigration court. Not every crime will make someone deportable, but the list of possibilities is extensive, including any aggravated felony, any crime of moral turpitude (CIMT), any drug crime, any abuse of drugs, espionage, firearms offenses, and more. Even if deportation is avoided, a U.S. immigration judge may find that the violation caused some of the individual's time in the U.S. to be deemed "unlawful," creating another bar to re-entry. It is recommended to consult an immigration attorney if facing legal trouble to prepare for any repercussions.
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DUI/DWI and visa consequences
International students in the United States are subject to both state and federal laws. While some states have exceptions for consuming alcohol for religious or medicinal purposes, the legal drinking age in all 50 states is 21 years old. Individuals under the age of 21 can be arrested, charged, and convicted with possession of alcohol as a minor, even if they are not drinking it. This rule also applies if they are merely in the presence of alcohol, which may be the case at college parties.
Driving under the influence (DUI) of drugs or alcohol and driving while intoxicated (DWI) can have serious consequences for international students' immigration status. The Department of State has set a precedent for the revocation of visas for merely being charged with a DUI or DWI, even if the charge was dropped, expunged, or pleaded down. Consulates are now instructed to automatically revoke the visas of foreign nationals who have DUI or DWI offences after arriving in the US. This is to make people with DUI charges go through new medical examinations and apply for new visas.
Visa applicants with prior DUI offences are required to have mandatory medical examinations to evaluate whether the DUI is a symptom of a physical or mental disorder with possible harmful behaviour. Medical examinations have become mandatory for visa applicants with either a single drunk driving arrest or conviction within the last three calendar years before the application, or two or more drunk driving arrests or convictions at any time. Even without a formal DUI charge, consulates can refer applicants for medical examination if there is any evidence suggesting alcohol abuse or dependency.
In the non-immigrant visa renewal or revalidation context, a visa applicant may be denied visa renewal as a result of a DUI conviction if the conviction falls within the definition of crimes of violence or crimes of moral turpitude under state law. Criminal records are permanent and will be referenced every time a non-citizen makes an application for an immigration benefit. The main consequences of DUI convictions for non-citizens include deportation, denial of admissibility into the US, and denial of citizenship. Some, but not all, DUIs can lead to deportation, depending on the facts and aggravating circumstances of the crime.
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Frequently asked questions
The legal drinking age in the US is 21 years old in all 50 states.
Individuals under the age of 21 can be arrested, charged, and convicted for possession of alcohol as a minor, even if they are not drinking it. This rule also applies if they are merely in the presence of alcohol. This can lead to visa revocation and deportation.
If an individual under 21 is purchasing, possessing, or consuming alcohol, they can be fined.
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