DUI and Immigration: A Serious Risk for Non-Citizens
The crime of DUI (“driving under the influence of drugs or alcohol”) or DWAI (“driving while ability impaired”) carries severe penalties, especially for non-U.S. citizens. Many mistakenly believe that a DUI does not affect immigration status, but this is incorrect. DUI arrests and convictions can impact individuals applying for a green card, citizenship, asylum, DACA, or cancellation of removal.
Green Card Holders: Should you worry about a DUI Conviction?
If you hold or are applying for a green card, certain DUI-related offenses may result in negative consequences. For example, DUI with a child in the car or driving under the influence of drugs can be particularly damaging. Green card holders should avoid pleading guilty to drug offenses due to the risk of deportation. If convicted of such an offense, contract a lawyer to review your case. Additionally, those with a green card should avoid international travel if they have a drug-related conviction. Repeated DUI convictions also pose risks, as future changes in U.S. law could worsen the impact of DUIs on green card holders.
Green Card Applicants: The Impact of DUI on Your Application
A DUI or DWAI arrest can delay your green card or conditional green card application. Legal assistance is crucial to prevent a denial of your application and to manage compications arising from the DUI criminal case. Proper representation ensures your path to obtaining a 10-year green card remains on track despite DUI issues.
DUI and U.S. Citizenship Applications
A DUI conviction can delay or even prevent U.S citizenship. In New York, a DUI or DWAI within the last five years generally results in the denial of a naturalization application. Additionally, USCIS will request court documents related to your DUI. If you are arrested for DUI after your citizenship interview but before the oath ceremoney, it’s vital to consult an attirney immediately, as your citizenship can still be denied.
Tourist Visa Holders: DUI Consequences
Holders of tourist visas face significant repercussions for a DUI arrest or conviction. Immigration authorities take these offenses seriously, and your visa may be canceled while you are still in the U.S you could also be refused entry on future visits. Legal representation is essential if you find yourself in this situation.
Undocumented Individuals and DACA Recipients: Risks of DUI
Undocumented individuals or DACA recipients face heightened deportation risks following a DUI conviction. In New York, even a DUI violation can trigger immigration action. Elsewhere, arrests for DUI may lead to Immigration enforcement at your home. For DACA recipients, A DUI arrest can result in application denial and increased deportation risks. Consulting an immigration lawyer is critical if you are in this position.
