The last thing you want to do if you are applying for citizenship is get a DUI. Even if you’re in the country legally on a visa or green card, immigration officials may deport you or downgrade your status on the basis of a criminal conviction, especially for a felony.

Here’s what you need to know about a how a DUI conviction could affect your immigration status.

DUI and Deportation

If you are a foreign national, a DUI might not necessarily lead to deportation. The U.S. Citizenship and Immigration Service (USCIS) generally considers a number of factors with regard to the penalties faced by an immigrant to the U.S., and deportation is generally reserved for aggravated felonies like battery, theft, filing a fraudulent tax return, and failure to appear in court.

Of course, if your DUI is charged as a felony, you could run the risk of deportation. A DUI could become a felony if you have had prior DUI convictions, had an extremely elevated blood alcohol concentration, had children in the car, were driving on a suspended or revoked license, or caused death or injury in a car accident.

Status Update

Even if you do not get deported, your immigration status could be altered after a DUI conviction. If you’re a legal permanent resident, you could be deported or detained during removal proceedings, or be barred from becoming a naturalized citizen in the future. Refugees and asylees could be deported after a criminal conviction, even if they would be in grave danger in their home country, and a conviction may result in the inability to obtain legal permanent resident status.

In some legal proceedings, like immigration or deportation proceedings, even an expungement of a DUI may still be considered as proof of a prior conviction. To know for sure how a DUI will affect your immigration status, contact a local DUI attorney today.

Related Resources:

  • Find DUI / DWI Lawyers Near You (FindLaw’s Lawyer Directory)
  • Can Your U.S. Citizenship Be Revoked? (FindLaw’s Learn About the Law)
  • Can a Guilty Plea Affect My Immigration Status? (FindLaw’s Law and Daily Life)
  • Which Crimes Can Get Legal Immigrants Deported? (FindLaw Blotter)

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