DUI Immigration Status Overview

DUI convictions can negatively impact your immigration status in the U.S. Find out everything you need to know about DUI convictions, how they can affect your status, and what you can do about them in this article.

Affect of DUI Conviction on Immigration Status

In most cases, a DUI charge, reckless driving, and other aggravating factors do not lead to immigration action. Immigration action occurs based on the intent as specified in the Immigration and Nationality Act. In other words, immigration consequences only occur if the act committed was a crime of moral turpitude. A DUI arrest is not usually considered a criminal offense because there is a lack of criminal intent.

A charge of driving under the influence might, however, have an impact on your immigration status, and this applies to a green card and visa holders. For instance, a DUI conviction can negatively reflect on the “good moral character” requirement. A DUI charge would also appear on your criminal record. 

You may need to address it in the future as you seek visa renewal, adjustment of status to a lawful permanent resident, or naturalization.

Consulting with a DUI defense attorney, in this case, would help you understand the legal process associated with it and a better understanding of your legal options and how you can avail of them. Working with an attorney and maintaining an attorney-client relationship can help you navigate through the process without confusion.

Does DUI Affect Immigration Status?

Even though a simple DUI conviction may not have immigration consequences, there are some situations in which DUI offenses can lead to the deportation of immigrants. An example of such a situation is a DUI conviction on undocumented immigrants. In such a case, the immigration court doesn’t act on the DUI conviction itself but more on the immigrant’s unlawful presence in the country.

Whether or not a DUI affects a person’s immigration status depends on the specific circumstances of each crime. At the same time, DUI charges alone may not be considered a deportable offense, but some situations where a DUI conviction is involved can result in serious immigration consequences.

For example, multiple DUI convictions can work against your push towards legal permanent resident status, according to immigration law. This can be used against your character in a federal court, and you may find yourself facing removal proceedings. 

How you handle the DUI arrest or deal with the local law enforcement, and even the simple fact that you face multiple DUI convictions, might make it hard for you to prove later a good moral character in court. 

In these situations, you will need reputable immigration attorneys such as Tadeo & Silva to plead your case and help your family stay together. The hands-on approach taken by the experienced green card lawyer at Tadeo & Silva may help you resolve your immigration status while keeping you informed along the way.

Dealing with local law enforcement in a foreign country and understanding immigration law is difficult for everyone. However, with the proper law firm by your side, you can deal with any DUI convictions appropriately. 

Can You Get Deported for a DUI?

Generally, a simple drunk driving conviction is treated as a misdemeanor and thus cannot be used as grounds for deportation. This is still true even when the DUI charge is for an accident that resulted in unfortunate injury or loss of life.

Though DUI manslaughter is a severe charge, it is not presumed to have criminal intent.

In addition, the United States Supreme Court ruled that a DUI conviction is not interpreted as a crime of violence or as an aggravated felony. However, if the DUI is tied to a crime involving moral turpitude, deportation may occur.

The Immigration and Nationality Act mentions these three factors explicitly as deportable offenses:

Drug-Related DUI Charge

Driving under the influence of controlled substances is considered to be grounds for deportation. An individual may also be denied entry into the country based on the use of controlled substances or other drug crimes.