If you’re an immigrant in the U.S.—whether you’re applying for a green card, already a permanent resident, on a tourist visa, or a DACA recipient—a DUI (driving under the influence) or DWAI (driving while ability impaired) is not just a traffic offense. It can have serious, life-changing immigration consequences. Many people mistakenly think an old DUI or DWAI won’t matter, but under current policies, even a single DUI can put your future in the U.S. at risk.
DWAI vs DUI: What’s the Difference for Immigrants?
In New York, you can be charged with DWAI even with a lower blood alcohol content than for a DUI. While DWAI might sound less serious, both charges are viewed harshly under immigration law. Either offense can trigger a range of immigration consequences, from delays in applications to possible deportation.
Can a Permanent Resident Be Deported for a DUI?
Yes. If you are a green card holder (permanent resident), certain DUI offenses can put your status in jeopardy. Under recent policy changes:
- The Laken Riley Act requires detention of non-citizens charged with DUI accidents causing serious injury or death.
- Multiple DUIs or a DUI involving drugs can lead to expedited removal—meaning you could be deported without a hearing.
- Green card holders with drug-related DUI convictions face high risks if they travel outside the U.S.; they may be denied reentry.
DUI and Green Card Applications
If you’re applying for a green card, a DUI or DWAI arrest can cause major delays or even denial. Here’s what to know:
- Immigration authorities will review any DUI charges or convictions during your application process.
- The new April 2025 DHS registration rule means undocumented immigrants must register. A DUI combined with failure to register can mean criminal prosecution and denial of your application.
- If you’re applying for a 10-year green card, having a DUI can raise red flags and may require additional legal work to keep your application on track.
Tip: If you are facing DUI charges while applying for any immigration benefit, consult with an immigration lawyer immediately. Legal help is crucial to avoid unnecessary denials and long-term problems.
DUI and U.S. Citizenship (Naturalization)
A DUI conviction can delay or prevent you from becoming a U.S. citizen.
- In New York, a DUI or DWAI in the last five years almost always results in denial of a citizenship application.
- USCIS will require court documents for any DUI arrests or convictions.
- Multiple DUIs are viewed as a failure to show “good moral character,” a key requirement for citizenship.
- Under current policies, even one DUI may trigger extra scrutiny, especially if it occurs between your interview and your oath ceremony.
If you’re in this situation: Don’t go it alone—speak to an attorney before your application is denied or delayed.
DUI and Tourist Visas: Serious Consequences for Visitors
If you’re visiting the U.S. on a tourist visa, a DUI or DWAI arrest can have immediate and lasting consequences:
- Your visa may be canceled or revoked—even while you are still in the U.S.
- You may be refused entry on future visits.
- Local law enforcement now often shares information with immigration authorities, especially outside sanctuary cities, increasing the risk of detention and deportation for visa holders.
DUI, DACA, and Undocumented Immigrants
DUI and DACA: DACA recipients who are arrested or convicted of DUI face denial of renewal and possible deportation.
Undocumented immigrants: A DUI conviction can lead directly to removal proceedings, especially with the new DHS registration program and increased local cooperation with federal enforcement.
Frequently Asked Questions: DUI and Immigration (2025)
Q: Can a permanent resident be deported for a DUI?
A: Yes, especially if drugs or injury are involved. Multiple DUIs sharply increase deportation risk under current policies.
Q: Can I renew my green card with 2 DUIs?
A: Renewal becomes much more difficult with multiple DUI convictions. Immigration authorities may view this as evidence of poor moral character, and your application can be denied.
Q: What are the immigration consequences of DUI or DWI?
A: DUI or DWI charges can delay or prevent green card or citizenship approval, lead to removal proceedings, and block reentry after travel outside the U.S.
Q: Will a DUI affect my citizenship application?
A: Very likely—especially if it’s within the last five years or if you have more than one.
Q: Can DACA recipients lose protection for a DUI?
A: Yes, a DUI arrest or conviction can mean denial of DACA renewal and an increased risk of removal.
Q: What is the difference between DWAI and DUI for immigration?
A: Both carry serious immigration consequences. While DWAI may be a lesser charge in New York, immigration authorities may still treat it similarly to a DUI.
Protect Your Future: Get Legal Help Immediately
DUI and immigration laws are always changing, and the risks are higher than ever. If you are facing a DUI, DWI, or DWAI and you’re not a U.S. citizen, contact an experienced immigration attorney as soon as possible—ideally before your case goes to court. Legal help can make the difference between staying in the U.S. and facing removal.
At Solovyova Law Firm, we know how to fight for your future. If you have questions about DUI immigration consequences or need help with your case, contact us and set up an initial confidential consultation.
