DUI and Immigration: How a DUI Conviction Can Affect Immigration Status

DUI Convictions and Immigration Consequences: Crimes Involving Moral Turpitude

Driving under the influence or driving on a suspended license can be a crime involving moral turpitude (CIMT) if certain factors exist.

The U.S. Citizenship and Immigration Services (USCIS) states that U.S. courts define a CIMT as conduct that shocks the public conscience by being vile, depraved, inherently base, or “contrary to the rules of morality and the duties owed between man and man, either one’s fellow man or society in general.”

A crime of moral turpitude is usually an intentional crime of violence or a crime that includes dishonesty, fraud, immoral conduct, or shocks the public’s conscience. Although DUI involving alcohol can rarely be considered a criminal conviction involving moral turpitude, those involving drugs or other aggravating factors can be treated as such.

When it comes to drugs, for a DUI to be considered a CIMT, it must include drugs that are on the federal list of controlled substances, which include, for example, heroin, marijuana, methamphetamine, and cocaine.

Aggravating factors that can turn DUI into a crime of moral turpitude involve, for example, reckless endangerment of a child in the car or driving on a suspended driver’s license. Although DUI that caused injury to another person or death isn’t considered a CIMT, there were cases where the Board of Immigration Appeals considered that even criminally reckless conduct was enough to constitute this type of crime.

DUI Conviction and Immigration: Deportable Offenses

If a criminal offense that an immigrant has committed makes him or her deportable, that means they will be removed from the United States. They will face immigration court, go through removal proceedings, have their green card revoked, and be forbidden to return to the U.S. for a certain number of years.

There are several offenses that can have relevant grounds for deportation or removal. These offenses include:

• Aggravated felony
• Two different crimes involving moral turpitude
• Drug offenses or crimes involving controlled substances
• Crime of violence

Although driving under the influence is not considered an aggravated felony, if your DUI charge is for some reason elevated to a felony DUI charge, you have a reason to be concerned. Driving under the influence with a child present in the car or knowingly putting a child in any type of danger can be a reason for deportation.

One offense can fit in several categories, making it harder for immigrants to determine whether the charges they are facing will result in deportation or inadmissibility. That’s why having a qualified Atlanta deportation lawyer is essential. Manji Law is a perfect choice. Our legal team will explain your legal situation in a clear, understandable manner and help you get your paperwork in order or fight for your rights at immigration court.

Can You Be Deported For DUI?

Recently revised immigration rules would result in significant implications for any non-immigrant charged with a DUI or associated offense. A DUI conviction does not usually constitute a crime to which a foreigner is deported. Under criminal turpitude, DUI deportations are not to be applied. If the ruling was not heeded properly, it could have severe consequences for migrants.

He added the rule changes should not have been a threat to legal immigrants charged on criminal grounds. Deportation by Defterio isn’t considered a violent crime and therefore has nothing to do with an aggravated felony. It is an offense that includes that there are more.

Can a DUI Affect a Green Card?

After a DUI conviction, your green card and/or green card cannot legally be issued. There can also be issues with DUI and renewed green cards. Immigration attorneys said driving under the influence for traffic violations poses an immigration problem with green card applications. There are also difficulties with re-serting or restraining one’s green card.

What Will Happen to My Legal Permanent Resident Status (Green Card/LPR)?

Under LPS regulations, one misdemeanor DUI is not deportability. Nonetheless, in cases based on felony, it might be in the case. Other charges commonly associated with a DUI of criminal damage such as endangerment, and DUI charges associated with DUIs when children are driving the automobile, may render a case deport.

Depending on the circumstances in which the suspect was involved, if his driver is suspended for DUIs or for another offense, he/she gets a. In addition, in the five years since convictions are a legal permanent resident, a citizen should generally have difficulty gaining.

How are Visas Revoked?

For any non-immigrant arrest for a DUI or other criminal offenses and booked by local law enforcement, their fingerprints are submitted to the FBI for criminal history and warrant checks. In some cases, the U.S. Government may flag the person for obtaining an entry waiver or denied entry on landing in the United States prior to board boarding.

A revoked visa prevents anyone seeking entry into the U.S. after he or she has notified a consular officer to regain their legal status. The prudential revocation policy served at extending and revoking the practice of a person’s visa for a DUI proceeding that occurred after the visa issuance.

Can a DUI Prevent Me From Becoming a U.S. citizen?

The green card application and exam process combine the five years in question application period with a five-year test of character. It could complicate things if you have a DUI conviction on criminal history and your conviction shows aggravating factors.

It is generally a good idea to allow a long period after DUI with a clean track and to follow any court instructions carefully. This includes all prescribed treatments. You should consult an experienced counsel to understand your case.

Does DUI Affect Immigration Status?

As we have said, depending on the circumstances of every specific crime, DUI may or may not affect one’s immigration status. For example, if an immigrant is on probation for a DUI offense, she or he is temporarily ineligible to naturalize until probation ends. Proving that they have a “good moral character” for at least five years before submitting an application for naturalization or going from a green card to becoming a U.S. citizen is essential.  

However, some DUI convictions may also lead to inadmissibility or deportation, or removal. So, facing a driving under the influence conviction may have serious immigration consequences and affect one’s immigration status. In addition, tracking court dates, gathering documentation, and keeping up with the immigration law changes can be difficult. That is why you need an immigration lawyer who can keep up with everything and, at the same time, keep you and your family informed on your case’s progress. 

Jameel Manji, the founder of Manji Law, is a relentless advocate for his clients in Atlanta, GA. That means you have a powerful asset in your corner with loads of experience when fighting for your rights against the U.S. government. 

Manji Law can provide valuable insight, assistance, and a guiding hand to help you achieve your goals. Reach out to us today and find out how we can help you.

Contact Us Today for FREE Consultation

If you have been charged for driving under the influence or are facing immigration consequences of DUI convictions, consult with expert attorneys in Manji Law Firm. Our defense lawyers will help you with legal advice and the best defense strategy to help you get free from the charges of your convicted crimes driving. Even if you have been charged with multiple convictions, we are all there for you to help.

Feel free to give us a call or visit our law firm for a free case evaluation to assess your options.