DUI\u2019s are bad.\u00a0 And immigration law has little tolerance for them.\u00a0 The level of danger depends on the severity of the DUI conviction, the number of DUI convictions, and the immigrant\u2019s status in the U.S. (documented or undocumented).<\/p>\n
CIMT\u2019s can make you ineligible for certain immigration benefits: green cards, citizenship, and more.\u00a0 Also, CIMT\u2019s can be a ground for deportation\/removal.\u00a0 Generally, a first-time single DUI is not a CIMT. \u00a0However, if the DUI occurred while driving on a suspended license, then it could be a CIMT. Also, DUI\u2019s involving an accident, property damage, or injury to a person could be considered a CIMT.\u00a0 Whether a DUI is considered a CIMT depends on your state\u2019s DUI laws: how they are written and how you are charged.<\/p>\n
If the DUI occurred while under the influence of a controlled substance, it can also be considered a \u201cdrug related\u201d conviction.\u00a0 Controlled substance violations can carry even more serious immigration consequences.<\/p>\n
A record of multiple DUI convictions, or even arrests without conviction, could have several impacts.\u00a0 First, it may be seen as a pattern of \u201chabitual drunkenness\u201d or a substance abuse problem; these findings can affect various types of cases, discussed below.\u00a0 Second, this type of record could be used as a discretionary factor against you.<\/p>\n
A DUI which is a CIMT will trigger deportation\/removal proceedings if it occurs within five years of getting your green card and carries a sentence of one year or longer.\u00a0 After five years have passed, then it will take a second DUI CIMT to trigger deportation\/removal, regardless of sentence for either one.\u00a0 Some people may be entitled to certain relief that would allow them to keep their green cards, but if the DUI is \u201cdrug related,\u201d then there may not be any chance.<\/p>\n
Naturalization applicants must demonstrate good moral character for a period of five years immediately preceding their application (or three years if the green card was obtained through a U.S. citizen spouse). \u00a0A DUI CIMT or a drug-related DUI during this time could ruin your good moral character.\u00a0 Moreover, you will lack good moral character if you served more than 180 days in jail for\u00a0any<\/u>\u00a0DUI during this time. \u00a0You are also ineligible to naturalize while you are still on probation for\u00a0any<\/u>\u00a0DUI offense. \u00a0Finally, a record of multiple DUI\u2019s and\/or arrests will raise the spectre of \u201chabitual drunkenness,\u201d which also is a basis for denying naturalization.<\/p>\nApplying for green cards, temporary visas, DACA and other immigration benefits<\/h2>\n
A DUI CIMT makes you \u201cinadmissible\u201d to the U.S., which is a bar to green cards, temporary visas, and other benefits.\u00a0 In some cases, you may be eligible for a waiver but this will cost you additional time, expense and effort.\u00a0 A drug-related DUI could make you inadmissible, with no waiver available.\u00a0 \u00a0Additionally, a record of multiple DUI\u2019s could make you inadmissible for suspected substance abuse problems.\u00a0 Finally,\u00a0any<\/u>\u00a0DUI is a bar to DACA benefits.<\/p>\nTemporary visas can be revoked<\/h2>\n
A simple DUI\u2013 and even a DUI arrest\u2013 can and will likely result in your temporary visa being revoked by the Department of State.\u00a0 Although you can remain in the U.S. for the remainder of your I-94 period, once you leave the U.S. then you must return to your home country for an interview for a new visa, and possibly a medical exam to establish that you do not have a substance abuse problem.<\/p>\n
Due to its criminal nature, a DUI arrest or conviction could put you at greater danger for detention by ICE while officers determine if you should be placed into deportation\/removal proceedings.<\/p>\n
Consult an experienced immigration attorney who can advise you about the immigration consequences if you have any DUI-related activity.<\/p>\n","protected":false},"excerpt":{"rendered":"
DUI\u2019s are bad.\u00a0 And immigration law has little tolerance for them.\u00a0 The level of danger depends on the severity of the DUI conviction, the number of DUI convictions, and the immigrant\u2019s status in the U.S. (documented or undocumented). DUI\u2019s can be considered a Crime Involving Moral Turpitude (CIMT) CIMT\u2019s can make you ineligible for certain […]<\/p>\n","protected":false},"author":878,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[28,30,22,1,23,21,24],"tags":[],"class_list":["post-519","post","type-post","status-publish","format-standard","hentry","category-criminal-immigration-issues","category-deportation-removal-detention","category-green-cards","category-news","category-naturalization-citizenship","category-visas","category-waivers"],"acf":[],"yoast_head":"\n