If you've been on any Australian expat group in the last few days, you've probably seen the panic. People are receiving emails telling them their US visa has been revoked — in many cases for offenses that were fully disclosed and dealt with years ago. We pulled together an emergency webinar with immigration attorney Zjantelle Cammisa Markel from Cammisa Markel to cut through the noise and explain what's actually happening, who's affected, and what you should do right now.
Zjantelle has 26 years of immigration law experience and says she has never seen anything like this in scale. Here's what she told us.
General advice disclaimer: The information in this article is provided for general information purposes only and does not constitute legal advice, professional advice, or personal guidance. It does not take into account your individual objectives, circumstances, or needs. Before making any decision or taking any action, we strongly recommend that you seek advice from a qualified legal professional.
The Most Important Takeaway
Before anything else, Zjantelle wanted to lead with this:
If you have ever had an arrest related to a DUI, a controlled substance, or any alcohol-related offense — and you're on any non-immigrant visa (E-3, O-1, H-1B, any of them) — talk to your immigration attorney before traveling internationally right now.
That's the single most important thing to take away from this article.
What's Actually Happening?
People on non-immigrant visas are receiving emails from the US government telling them their visa has been revoked or “prudentially revoked.”
This isn't entirely new — the government has always had the ability to revoke visas. But what Zjantelle is seeing now, and what she says is unprecedented in her 26 years of practice, is the scale and the scope.
Historically, a revocation would happen after a new arrest or a new DUI — something that occurred after your last visa was issued. That made sense. New information came to light, and the government acted on it.
What's different now is that visas are being revoked for offenses that happened years ago — in 2022, 2019, even as far back as 2004 — and in many cases, offenses that were fully disclosed during the applicant's last visa interview. Multiple clients of Zjantelle's who answered the DS-160 honestly and had their visa approved are now having those same visas revoked over the same information.
It's not limited to DUIs either. Zjantelle has seen revocations linked to controlled substance charges (including dismissed ones), drunk and disorderly conduct, and even cases where the person received a ticket and never went to court.
What's the Legal Basis?
The government is using health-related grounds of inadmissibility. The argument is that if someone has been arrested for a DUI or substance-related offense, there's reason to believe they could be a “habitual drunkard” or a drug abuser, which would make them inadmissible as being a danger to property, themselves, or others.
No new legislation has been passed. No formal announcement has been made. This appears to fall under a broader interpretation of existing vetting authority — what Zjantelle described as a sweep through records.
“Revocation” vs. “Prudential Revocation” — What's the Difference?
There are two types of language people are seeing in these emails.
A revocation is when the government determines that someone may be inadmissible based on health or medical grounds. This can apply to any type of offense related to alcohol or controlled substances.
A prudential revocation is typically specific to DUI offenses and generally relates to offenses that occurred within the last five years.
Both have the same practical effect: your visa is no longer valid.
What If You're Currently in the US?
This is the critical part. If you're physically in the United States right now, your status is still intact — even if your visa has been revoked.
Your visa is the document that gets you into the country. Your status is your legal permission to be here. Those are two different things. So if you receive the revocation email while you're in the US, you can still legally live and work here.
The visa cancellation takes effect the moment you leave the country. That's when you would need a new, valid visa to return.
This means you have time. You can calmly contact your immigration attorney, gather your documents, and plan your next steps without rushing.
Don't Travel — and Don't Let Your Family Travel Either
This applies to spouses and dependents too. If the principal E-3 visa holder has a DUI or related offense in their past, the dependent family members' visas are directly tied to that principal visa.
Zjantelle shared a case from this week (with details changed for privacy): a husband on an E-3 had a DUI from 2022. His wife, on an E-3D, traveled internationally with one of their children. When the wife tried to board her return flight to the US, she was told her visa had been revoked. Two days later, both she and her husband received the official revocation emails.
The wife didn't have any offenses of her own — her visa was revoked because her husband's was. She was now stuck outside the country, unable to return for her medical treatment in the US, until the husband's situation could be resolved.
The takeaway: if you have anything in your past, don't let anyone in your family travel internationally right now, even if they personally have a clean record.
What About People Who Haven't Received an Email?
Not everyone is getting notified. Zjantelle described a case where someone was stopped at the airport and prevented from boarding, and the revocation email didn't come through until two days later. The revocation was already in the system — the notification just hadn't caught up yet.
There is no way for an individual to check whether their visa has been revoked through any online system. This is another reason to avoid traveling if you have any prior offenses.
Is There a Way to Fix This?
Yes. The pathway to fix a revocation is to leave the country, reapply for your visa at the consulate, go through the full application process again (including a new medical exam), and get re-vetted.
Zjantelle said she is confident that for most people — particularly those with a simple, disclosed DUI — the re-vetting will result in a new visa being issued. The government appears to want people re-examined, not permanently excluded.
However, it's not instant. The process could take around a month, and during that time you won't be in the US.
What Documents Should You Prepare?
If you're going to reapply, Zjantelle recommends having the following ready before your consulate appointment:
- All court documents and dispositions related to the offense
- The original plea records (important because a guilty plea is treated the same as a conviction under immigration law, even if the charge was later expunged)
- A recent police certificate showing no subsequent offenses
Going prepared will save time. If you show up without these, the consulate will likely ask for them and your application will be delayed.
Where Should You Reapply?
If you're Australian, go back to Australia. If you're a different nationality, go to your home country.
Once your visa has been revoked, other consulates (like London or Dublin, which some E-3 holders have used in the past) will typically not want to touch your case. This is not the time to try a workaround — go back to your home country and do it properly, unless an immigration attorney has specifically analyzed your situation and told you otherwise.
Can You Extend or Change Status Instead?
Technically, yes — you can file an extension of stay or change of status while in the US. But Zjantelle cautioned that this could create complications. The government may respond by saying they've been notified that you're potentially inadmissible and deny the extension or change of status request.
The same applies to adjustment of status (green card applications). It remains to be seen how USCIS will handle those cases.
What About Green Card Holders?
So far, Zjantelle has not seen any green card revocations related to this sweep. Green cards are immigrant visas, and the current activity appears to be focused exclusively on non-immigrant visas. Could the government theoretically argue that a green card holder should not have been granted their card? Zjantelle acknowledged the possibility but has not seen it happen yet.
What About Speeding Fines?
Speeding fines alone are not triggering revocations. However, Zjantelle noted that unpaid speeding fines can result in a bench warrant for your arrest, which could become a separate problem at your next visa appointment. Pay your tickets.
Does It Matter Where the Offense Happened?
No. The offense does not have to have occurred in the United States. Zjantelle is seeing revocations for offenses that happened in other countries. And this is not limited to Australians — it's happening across all nationalities on non-immigrant visas.
What If You Have Multiple Visas?
If you hold more than one visa — for example, an E-3 and a B-1/B-2, or an E-3 and an O-1 — and one is revoked, the other will likely be revoked as well when you go to the consulate to reapply. You may end up needing to do two full new visa applications.
Is It a Risky Time to Switch Jobs on an E-3?
No — outside of this specific DUI and offense-related situation, nothing has changed with the E-3 visa process itself. If you don't have any offenses in your past, switching jobs on an E-3 carries the same process and risk it always has.
What Should You Do Right Now?
If you have any prior arrests, DUIs, controlled substance charges, or alcohol-related offenses in your past — anywhere in the world — and you're on a non-immigrant visa:
- Do not travel internationally. Don't let your spouse or dependents travel either.
- Contact your immigration attorney. Be completely honest about everything in your past, even things you think aren't relevant — public urination, open container violations, drunk and disorderly conduct, dismissed charges, expunged records. Your attorney needs the full picture.
- Start gathering your documents now. Court dispositions, plea records, police certificates. Don't wait until you have a consulate appointment.
- Don't panic. There is a pathway back. For most people with a simple, previously disclosed DUI, Zjantelle expects the re-vetting process to result in a new visa. But it takes time, so plan accordingly.
If you don't have any offenses in your past, this particular situation does not affect you. But it's a good reminder that any interaction with law enforcement while on a non-immigrant visa should prompt a conversation with your immigration attorney.
Need to Talk to an Immigration Attorney?
You can contact Zjantelle Cammisa Markel and the team at Cammisa Markel at [email protected].
For more immigration resources, guides, and community support for Australians in the US, head to AmericaJosh.com.
