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Driving under the influence (DUI) is a serious offense with serious legal repercussions for anyone convicted. But for non-citizens, DUI conviction can have even more significant ramifications on their immigration status and future prospects in America. Although specific effects vary by state, generally speaking a DUI conviction will likely result in visa issues or even deportation proceedings.
Immigrants facing DUI Charges mes Any crime considered of moral turpitude – such as drunk driving – may place your immigration status at risk. Unfortunately, however, its specifics can be quite complex: for instance, “moral turpitude” is subjectively defined by immigration authorities or judges and therefore could have serious repercussions. Furthermore, how a DUI was committed and its severity will have an effect on whether or not deportation proceedings commence against its perpetrator.
Understanding how a DUI conviction will affect their immigration status and future ability to return is of the utmost importance for anyone with visas or green cards in the U.S. If you’re currently becoming a citizen or have a visa that will expire soon, speaking with an experienced attorney about all available options is imperative.
Non-citizens facing DUI convictions could face more severe immigration repercussions, particularly those considered an offense of moral turpitude, than its immigration consequences are for US citizens. A DUI offense considered as morally corrupt may even lead to permanent bar on reentry; such consequences would be especially devastating for those with established families, careers, and ties within the US.
Lawful permanent residents (green card holders) face even higher deportation risks, and any conviction of DUI that results in deportation will initiate removal proceedings in immigration court immediately and arrange your departure. Furthermore, any conviction that qualifies as moral turpitude – regardless of any related criminal conduct scheme – can lead to deportation proceedings even five or more years since entering or adjusting status into the United States.
Immigration law can be complex, and its effects will depend on your specific situation. Therefore, it’s vital that you consult an experienced attorney immediately about your circumstances to identify an effective course of defense for yourself. Your attorney can assist in gathering evidence, interviewing witnesses and working closely with your criminal attorney to construct a strong DUI defense that minimizes negative repercussions for immigration status. Your attorney can also assist in locating rehabilitation programs that demonstrate to the court and immigration authorities your willingness to address any underlying issues that contributed to your DUI charge, which may even serve as mitigating factors in your case.
