However, there are complicating factors. Sometimes a DUI can be tried as a felony. In many cases felonies do lead to immigration action, but not in the case of DUI.
This policy is designed to help young undocumented immigrants who arrived in the US before the age of Note that this policy is not a law, but an enforcement recommendation. Thus, the way it is applied is very uneven.
Two young immigrants with the same record could get very different results in applying for deferred status. It may help, however, to get your DUI expunged before you apply. An expunged DUI will not necessarily count against you, although any criminal record can be considered when evaluating your application. The process of becoming a US citizen is called naturalization. ICE has been alerted to your presence in the country, which means deportation is possible, but there are ways to fight against it.
Every case is different, so the outcome can vary depending on the non-U. If you are convicted of a DUI, yes, there is a chance you could be deported. However, there are also steps you can take to protect yourself and fight for your right to stay in the United States. The severity of your DUI also determines how severe your punishment could be. For instance, if you were arrested for driving under the influence with a child in the car, it is a more serious crime. Therefore, your chances of being deported may be higher.
Citizen or Legal Permanent Resident spouse, child, or parent. If you are an immigrant who has been charged with a DUI, it is critical that you obtain legal counsel right away, regardless of how severe the charges appear. Even if you are a Legal Resident in the United States, you can be at risk for deportation and other immigration-related consequences if you are convicted of certain crimes, such as an aggravated DUI.
If you are convicted of a deportable offense, you can be placed into immigration court and have your green card taken away through an Order of Removal.
Even if you already possess legal status, a criminal conviction that is considered an inadmissible offense will jeopardize your permanent status in the U. Immigrants who are inadmissible are not able to enter or remain in the United States. So, can a DUI charge keep you from obtaining a green card? Typically, a basic DUI will not keep a non-U. What is a crime of moral turpitude CMT? An aggravated felony A violent crime A crime of moral turpitude, committed within five years of admission, for which the sentence could have been one year or more Two separate crimes involving moral turpitude An offense relating to a controlled substance.
We will research all aspects of your immigration status and criminal history, determine what your goals are, and then establish a plan for all possible outcomes of the case. Through clear and consistent representation, we provide counsel for non-U. With immigration policies changing every day, we encourage you to take the proper steps now to obtain legal residency or citizenship.
We know what success looks like for you… You will work with a team committed to the education of their community, their colleagues and themselves. What Happens To Non-U. Your DUI charge has a higher chance of endangering your immigration status if: It is drug-related You have prior DUI convictions You have prior convictions for other criminal offenses Your DUI involved endangering a child — It involved driving with a suspended license — You have no U.
Inadmissible offenses include: An aggravated felony A violent crime A crime of moral turpitude, committed within five years of admission, for which the sentence could have been one year or more Two separate crimes involving moral turpitude An offense relating to a controlled substance. If an immigrant is found guilty of driving under the influence of drugs or alcohol, can it lead to removal proceedings under U.
Is DUI a deportable offense? It depends on the facts of the case. Generally speaking, a simple first DUI will not trigger removal or deportation proceedings; however, this is not absolute.
There is no guarantee. DUI may be a deportable offense—depending on the circumstances. One of the key factors will be whether it is charged as a misdemeanor or a felony. As a general rule, a Florida DUI becomes a felony under one of the following circumstances:. A misdemeanor DUI can initiate removal proceedings, however, if one of the following occurs:. If you are in the U. Again, the circumstances of the case, and whether the person has other crimes on record, will make a difference in whether the DUI results in deportation.
In order to go from having a green card to becoming a U. With a DUI on your record, that gets more difficult. You'd probably do best to wait to apply until enough time has gone by that you have established a recent clean record. Also take steps to deal with any underlying issues, perhaps by signing up for treatment, and complying with any court-ordered terms of probation, restitution, or other programs. It can be tempting to try to hide a conviction from the immigration authorities, particularly when applying for benefits.
For people who already have green cards, being arrested often leads directly to being placed in removal proceedings. However, lying about such a thing tends to backfire. For one thing, the fingerprint check that all applicants must go through is likely to reveal the conviction. For another, lying in order to obtain immigration benefits is itself a ground of inadmissibility , and will be seen as a sign of bad moral character , thus leading to denial of benefits or refusal to believe other statements that you make.
If you are applying for or have a green card, and have had any sort of trouble with the law, speak to an immigration attorney at once. The immigration attorney can advise you based on the details of your situation, and can advise your criminal attorney on the immigration impact of such things as deferred prosecution or successful completion of probation. Don't rely on your criminal attorney's advice alone -- very few criminal attorneys understand the often surprising immigration consequences of criminal convictions.
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