Have you ever had a night out with friends that took an unexpected turn? Maybe you were bar-hopping or enjoying a get-together and suddenly found yourself face-to-face with the police on your way home. It happens! But if that night involved a DUI charge, it could raise concerns about your immigration status. Let’s clarify any questions about how DUI convictions affect immigration status, exploring key topics such as potential consequences, the role of immigration lawyers, and the impact on various aspects of immigration status, including deportation and green card applications. Want to know how to overcome the challenges of having a criminal record while applying for VAWA? Click here to learn more.
Driving under the influence (DUI) can have grave implications for non-U.S. citizens and individuals with pending immigration applications. The consequences of a DUI conviction go beyond legal penalties. For non-U.S. citizens, they can influence a decision in their immigration applications and potentially lead to the initiation of deportation proceedings. At AKN Immigration, we’re here to guide you through this challenging intersection and support you.
What if I am undocumented and have a DUI charge?
When a non-U.S. citizen faces a DUI conviction, the stakes are high. A DUI conviction can result in immediate detention by Immigration and Customs Enforcement (ICE), leading to deportation proceedings.
ICE prioritizes removing individuals with criminal records. If you are currently facing a DUI charge as an undocumented immigrant, call a lawyer immediately. Do not be tempted to represent yourself. If you already have a lawyer, be candid about your immigration status so that they keep that in mind while advocating for you.
What does Immigration and Customs Enforcement (ICE) have to do with a DUI charge and your immigration status?
Following a DUI arrest, ICE can become involved in an individual’s case in various ways. ICE may identify individuals and initiate removal proceedings. It’s essential to understand that ICE involvement doesn’t automatically lead to deportation but signals potential risks that require careful navigation with legal assistance. We can help you fight for your right to stay in the U.S.
What if I am a legal resident, will the DUI still affect my immigration status?
Legal residents in the U.S. also face serious consequences if convicted of a DUI. A DUI conviction can lead to deportation proceedings and may result in the loss of legal permanent residency. Individuals with prior criminal convictions face increased scrutiny and potential inadmissibility upon re-entry to the U.S.
Certain DUI convictions can render individuals “inadmissible”, affecting their eligibility for green cards or legal residency. Understanding the nature of a DUI offense and its classification as a “crime of moral turpitude” is crucial.
How grave should my DUI conviction be to endanger my immigration status?
It depends. 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.
Your DUI conviction 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.S. Citizen or Legal Permanent Resident spouse, child, or parent.
Our team at AKN Immigration can provide clarity and strategic guidance to address inadmissibility concerns and protect your immigration status.
Should I really call a lawyer after a DUI charge to discuss my immigration status?
Yes, you should call a lawyer immediately. Contact a lawyer who specializes in immigration cases like this and has a proven track record of assisting clients through complex legal challenges. Not to toot our own horn, but we at AKN Immigration are good at these cases. Our empathetic approach ensures you receive personalized support and clear guidance to navigate the immigration system effectively. Book a consultation call with us, here.
Conclusion
Navigating the consequences of DUI convictions on immigration status requires informed decision-making and proactive legal representation. We are committed to advocating for your rights and securing your permanent place in the United States. Contact us today to discuss your case and explore your options for protecting your immigration status.
