Navigating the immigration process in the United States is already a complex, lengthy, and often stressful experience. If you are convicted of a DUI (driving under the influence) or DWI (driving while impaired), the consequences can be severe and far-reaching, particularly for those who are non-U.S. citizens. A DUI conviction may put your residency, green card renewal, or citizenship application at serious risk. It can even lead to deportation in some cases.
At Portner & Shure, P.A., we understand the high stakes involved in these cases. Our experienced DUI attorneys in Maryland, Virginia, and Washington, D.C., are here to help you mitigate the consequences of a DUI charge and protect your immigration status. Contact us today for a free and confidential consultation. We also proudly provide multilingual legal services.
Contact our Maryland, Virginia, and Washington, D.C. DUI defense attorneys at Portner & Shure, P.A. for a free, confidential consultation. Call (410) 995-1515 or submit an online form. We offer legal services in multiple languages.
DUI and Immigration Consequences
A DUI charge can create significant challenges for non-U.S. citizens, regardless of your immigration status. Here’s what you need to understand about how a DUI could impact your future in the United States:
- Temporary Visa Holders: For individuals on a temporary visa, a DUI conviction might result in a revocation or denial of visa renewal. U.S. immigration laws permit deportation for individuals who commit certain criminal offenses, including DUIs in some cases.
- Permanent Residents (Green Card Holders): A DUI alone may not automatically lead to deportation for green card holders, but it could have ramifications if it’s tied to other aggravating factors, such as multiple convictions or injuries caused by the incident. Legal permanent residents should also note that a DUI could impact their chances of renewing their green card.
- Citizenship Applications: If you’re applying for U.S. citizenship, a DUI conviction may jeopardize your chances. U.S. Citizenship and Immigration Services (USCIS) evaluates applicants on their "good moral character," and a criminal conviction could lead to a denial.
- Undocumented Immigrants: For undocumented individuals, a DUI or DWI conviction may lead to detention, removal proceedings, or inability to obtain legal residency in the future.
Understanding the potential consequences of a DUI is essential for safeguarding your immigration status. Taking proactive legal steps with the help of an experienced DUI & immigration attorney can make a significant difference in the outcome of your case.
Can a DUI Affect Your Green Card Application or Renewal?
A DUI conviction can complicate the renewal or approval of a green card, although its impact depends on the specifics of the case. While a single DUI without aggravating circumstances may not directly result in deportation or denial, multiple DUIs or those involving injuries, fatalities, or reckless behavior may.
U.S. Citizen and Immigration Services (USCIS) evaluates green card applications carefully, including whether the applicant demonstrates good moral character. Individuals facing a second DUI charge often wonder if they can still renew their green card with this on their record. The answer depends on factors such as rehabilitation efforts and any evidence submitted to show that you have taken steps to change your behavior. Consulting with a skilled immigration and DUI attorney is crucial to navigating these challenges.
DUI and Deportation: Can a Permanent Resident Be Deported for a DUI?
Green card holders facing DUI charges often wonder if a permanent resident can be deported for a DUI. Generally, a single DUI without aggravating circumstances does not typically result in deportation. However, if the DUI involves factors like bodily harm, driving without a valid license, or multiple offenses, it may be classified as a deportable crime.
For example, under certain circumstances, a DUI may be categorized as a "crime of moral turpitude" or an aggravated felony, both of which can trigger removal proceedings. To minimize this risk, seeking the guidance of an experienced DUI attorney is critical.
Can a DUI Affect Your U.S. Citizenship Application?
Applying for U.S. citizenship is a rigorous process that requires you to meet various criteria, including exhibiting “good moral character." A DUI conviction could raise concerns about your eligibility, and you may find yourself asking if a DUI will affect your citizenship application. The short answer is yes, a DUI could affect your application.
Factors such as the recency of the offense, whether it was an isolated incident, and your behavior since the conviction play a significant role in how USCIS evaluates your case. An attorney with knowledge in both DUI and immigration law can help you present evidence of rehabilitation and other positive factors to strengthen your application.
How a DUI Can Impact Immigration Proceedings
For individuals already involved in immigration proceedings, a DUI conviction can be a severe setback. It may trigger additional scrutiny or complicate your case, particularly if you face removal proceedings. Even if you are not currently in proceedings, a DUI charge could still lead to negative consequences for your permanent residency or future status adjustments.
The stakes are much higher for individuals with prior convictions or those who are undocumented. Prompt legal action after a DUI arrest is crucial to safeguard your immigration case.
Why Choose Portner & Shure, P.A.
At Portner & Shure, P.A., we believe that no one should have to face the immigration consequences of a DUI without strong legal representation. Our experienced DUI attorneys in Maryland, Virginia, and Washington, D.C., are well-versed in both criminal defense and immigration law, allowing us to create a comprehensive defense strategy tailored to your unique circumstances.
We offer:
- Multilingual legal services in Spanish, Chinese, Korean, and other languages.
- Personalized attention to help protect your rights and immigration status.
- Aggressive representation to minimize criminal and immigration penalties.
If you or a family member has been charged with a DUI and are concerned about its impact on your immigration status, an experienced DUI and immigration attorney can help. Take control of your case today. Contact Portner & Shure, P.A., for experienced guidance tailored to your specific needs.
To discuss your case with a Maryland, Virginia, or Washington, D.C. DUI defense attorney, please complete our online contact form or call (410) 995-1515.
DUI & Immigration Frequently Asked Questions (FAQs)
Does DUI affect immigration status?
Yes, a DUI conviction can affect your immigration status based on various factors, including your existing status, the nature of the offense, and whether it is part of a pattern of criminal behavior.
Can DUI affect permanent residency?
A single DUI may not directly affect your permanent residency, but repeated offenses or aggravated circumstances could jeopardize your status.
Can you become a U.S. citizen with a DUI?
It is possible to become a U.S. citizen with a DUI, but it could delay the process or lead to denial depending on the specifics of your case.
Can a permanent resident be deported for a DUI?
It depends. While a single DUI usually won’t result in deportation, aggravating factors such as serious injuries or fatalities could lead to removal proceedings.
Can you be deported for a DUI?
Temporary visa holders, undocumented immigrants, and those with multiple offenses are at risk of deportation following a DUI conviction.
Does DUI affect green card application?
A DUI conviction could impact your chances of approval for a green card, particularly if it raises questions about your moral character.
