Drunk Driving and Deportation: Facts For Immigrants

Drunk driving is a serious criminal offense that can have serious consequences for non-citizens. An arrest for DUI/DWI, even if dismissed, can have serious consequences for your immigration status in the U.S. – including deportation:

• Visa revocation: The State Department may revoke your visa even if your case is pending.
• Inadmissibility: You may be deemed inadmissible to the U.S.
• Challenges in obtaining permanent residency or citizenship: Convictions can make it difficult to prove good moral character, which is required for naturalization and cancellation of removal.
• Deportation: In extreme cases, a DUI/DWI conviction can lead to deportation if it constitutes a “crime of moral turpitude.”

DUI/DWI and Immigration Status

Visa revocation doesn’t necessarily mean immediate deportation if you’re already in the U.S., but it prevents re-entry.

• The State Department can revoke visas for past DUI/DWI arrests within the last five years.
• A new visa application may involve a medical evaluation to assess if you have a drinking problem.
• Multiple DUI/DWI convictions create a presumption that you lack good moral character, making it harder to obtain permanent residency or citizenship.
• Even dismissed arrests can be problematic if they establish a pattern of habitual drunkenness.

If you face a DUI/DWI arrest, it’s crucial to consult an immigration attorney to understand the potential impact on your immigration status.

Proposed Law On Past DUI Convictions Could Strengthen Deportation or Inadmissibility

The U.S. House of Representatives passed a bill on February 1, 2024, to strengthen laws to prevent non-citizens convicted of driving under the influence from immigrating to the country — or to deport them. The bill also makes all misdemeanor DUI offenses grounds both for deportation and making someone inadmissible for adjusting their status. When the House of Representatives passes a bill, it must then be voted by the U.S. Senate before it can become law. If a bill passes both chambers of Congress, it is sent to the President for approval or veto.

Learn More: 

• Citizenship FAQs: Can I Apply For Citizenship If I Have A DUI?
• Don’t Get Caught Up In March Madness and DUI Roadblocks
• How Not To Get A DUI In Illinois – And What to Do If You Are Charged With DUI

DUI Defense and Immigration: Crimmigration Lawyer Mario Godoy

DUI is a serious criminal charge that can have life-changing impacts on an immigrant. A skilled DUI criminal defense lawyer who is also an immigration lawyer, called crimmigration, can help you resolve the threat of deportation and find ways to remain legally in the United States. If you are an immigrant charged with DUI, call Godoy Law Immigration Attorneys at 630-345-4164 to schedule a consultation with one of our experienced immigration attorneys today.