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Can a DUI Affect Your Immigration Status

Can a DUI Affect Your Immigration Status?

A DUI can feel like a criminal matter that has nothing to do with immigration.

But if you are not a U.S. citizen, you may wonder:

Could a DUI affect my Green Card, citizenship application, or immigration status?

The answer depends on the specific facts.

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    Does One DUI Automatically Cause Deportation?

    A DUI does not automatically mean that an immigrant will be deported.

    However, DUI history can become relevant in immigration cases, particularly when a person is applying for naturalization.

    USCIS has guidance addressing DUI convictions in the context of good moral character.

    Why Does DUI History Matter?

    Immigration authorities may consider criminal history when evaluating certain immigration benefits.

    For naturalization, USCIS evaluates whether an applicant has established good moral character during the applicable period.

    USCIS has specifically identified two or more DUI convictions during the statutory period as a conditional bar to establishing good moral character.

    But that does not mean every DUI case has the same immigration consequence.

    What Factors May Matter?

    The analysis can depend on:

    • Number of DUI convictions
    • Dates of the convictions
    • Sentence
    • Whether there were additional charges
    • Whether drugs or alcohol were involved
    • Whether anyone was injured
    • Your immigration status
    • The immigration benefit you are seeking

    What If the DUI Was Many Years Ago?

    An old DUI may have a different impact than a recent conviction.

    However, it is still important to disclose accurate information when required and understand how the record may affect your specific immigration process.

    What If There Was No Conviction?

    An arrest and conviction are different.

    If you were arrested for DUI but the case was dismissed, the immigration analysis may be different from a case that resulted in a conviction.

    The court records can help determine what actually happened.

    Can a DUI Affect a Citizenship Application?

    It can.

    Because criminal history may be considered in the good moral character analysis, a DUI history should be carefully reviewed before filing for naturalization.

    FAQs

    Can I get a Green Card with a DUI?

    A DUI does not automatically prevent someone from obtaining a Green Card, but the specific facts must be evaluated.

    Can a DUI cause deportation?

    A DUI by itself does not automatically result in deportation. However, additional facts or other convictions can change the immigration analysis.

    Should I tell my immigration attorney about an old DUI?

    Yes. Complete information allows the attorney to evaluate potential immigration consequences.

    Do Not Guess About Your Immigration Case

    A DUI may be only one part of your history, but immigration law looks at the complete picture.

    📞 Call Godoy Law Office Immigration Lawyers at 630-345-4164 to discuss your case.

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    Mario Godoy
    Immigration Lawyer and Illinois Crimmigration Attorney

    Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.

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