How Does a DUI Affect My Immigration Status?

Immigrants spend years trying to come to the United States. You may want to get legal status to stay and work here. However, a serious mistake can put your immigration status in danger. Some criminal offenses can cause you to lose lawful status and face deportation. This can include some drunk driving offenses.

Not all drunk driving arrests will result in deportation or a canceled visa. Your criminal defense attorney or immigration lawyer can explain your legal options. Talk to a DUI defense lawyer for legal advice after a drunk driving arrest.

Are There Immigration Consequences of a DUI?

Driving under the influence (DUI) is a criminal offense in all states. Non-citizens in the United States can be impacted by a drunk driving arrest or DUI conviction. You can lose your legal status or face deportation.

Not all criminal arrests result in inadmissibility. The impact on immigration depends on the type of offense, the seriousness of the offense, and whether there were multiple criminal offenses.

Non-U.S. citizens have different types of U.S. immigration law status. Drivers in the U.S. can include:

• Lawful permanent residents (LPRs or green card holders)
• Temporary visitors on a work or tourist visa
• Unlawful migrants

Visa holders can have their visa revoked if convicted of certain crimes. This includes drug crimes or felony offenses. Unlawful migrants without lawful status can face removal for any reason, including a drunk driving arrest. Even LPRs can be inadmissible after multiple criminal offenses.

When Can You Be Deported for a DUI?

You may not face automatic deportation after a simple DUI. But some drunk driving charges can result in removal proceedings or loss of your immigration status. According to immigration authorities, deportable offenses can include:

• Crime of moral turpitude
• Drug crimes
• Aggravated felonies
• Multiple criminal convictions

Aggravated felonies can include felony offenses with imposed sentencing of one year or more. Drunk driving can be a felony when it involves multiple DUIs, serious injury DUIs, or fatal DUI accidents. Sometimes, driving under the influence of drugs can also be a deportable crime.

Immigration officials may have public safety concerns if an immigrant has multiple criminal convictions for drunk driving. Depending on state law, a second, third, or fourth DUI within a specific time is a felony DUI. If you’re an immigrant facing multiple DUI charges, talk to a criminal defense lawyer about your criminal charges.

Can You Lose Your Green Card After a DUI Arrest?

Most first-time DUI offenses are misdemeanor crimes. A single DUI without aggravating factors likely won’t result in denying your green card application or renewal. Aggravating factors can include:

• Accident that causes serious injury
• Fatal drunk driving accident
• Reckless driving
• Driving with a suspended license
• Minor in the vehicle
• Drug DUI
• DUI, along with other criminal charges

If you already have a criminal history, another drunk driving arrest could be enough to lose your green card eligibility. However, the potential immigration consequences depend on your personal situation. If you have a prior criminal record and get arrested for drunk driving, talk to a DUI lawyer about how to challenge the DUI charge.

Can Immigration Officials Deny a Citizenship Application After a DUI?

Some immigration applications require applicants to demonstrate good moral character as a condition of approval. If you apply for naturalization as a U.S. citizen, you must show good moral character for the previous five years.

The U.S. Citizenship and Immigration Services (USCIS) can deny your citizenship application for some drunk driving offenses. Conditional bars to good moral character can include drunk driving convictions that result in more than 180 days of jail time.

If I Have a DUI, can I Get a Visa To Come to the US?

Certain types of criminal offenses make non-citizens inadmissible to the country. This can impact people from other countries who want to visit the U.S. on a tourist visa. It can also affect workers on a non-immigrant work visa.

Inadmissible offenses could result in your visa being denied or revoked. According to the Immigration and Nationality Act (INA), inadmissible crimes include:

• Crimes involving moral turpitude
• Multiple criminal convictions
• Controlled substance offenses

If you’re applying for a visa and you have a criminal conviction for driving under the influence of drugs, you could have your visa denied. Having multiple convictions for DWIs or DUIs can also be a reason to deny your visa application. An immigration lawyer will be able to review your case.

What Should I Do if I Get a DUI During the Immigration Process?

The immigration process is complicated. Getting approved to apply for a green card or U.S. citizenship can take years of waiting. At any time during the immigration process, you can face denial or revocation of your lawful status. Don’t let a simple DUI case derail your future. Talk to a DUI attorney for legal advice about your case.