Can A DUI Prevent You From Getting A Green Card?

by | Last updated on January 24, 2024

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A DUI conviction in California, when coupled with no aggravating factors, does not fall into the category of a crime involving moral turpitude. ... However, if a DUI is coupled with an aggravating factor, it is entirely possible that the conviction will result in a rejection of your green card application.

Does a DUI Affect becoming a US citizen?

With a record of having driven under the influence of alcohol or drugs (commonly called a DUI, DWI, OWI, OUI, DUID, or something similar), it is indeed possible for the officer of U.S. Citizenship and Immigration Services (USCIS) to deny the application on the basis that the applicant lacks the required good moral ...

Does DUI affect immigration status?

In California, DUI penalties are the same whether the intoxicant was alcohol, a legal drug, or an illegal substance. But a DUI involving illegal drugs does change things for your immigration status . That's because the INA specifically lists drug crimes as grounds for deportation or denial of a visa/green card.

Can DUI cause deportation?

Can a DUI get me deported? Most non-U.S. citizens convicted of a single DUI will not face adverse immigration consequences. But under certain circumstances, driving under the influence can lead to deportation , inadmissibility to the United States, or denial of citizenship.

Can I renew my green card with a DUI?

In most cases, a DUI conviction will not disqualify you from receiving a green card . However, it will always cause problems that you'll have to address during your application process. If you're still worried about how a DUI conviction could affect your immigration status, you should contact an immigration lawyer.

Can DACA get deported for DUI?

A true DUI conviction is deemed a “significant misdemeanor” under DACA regulations, as we mentioned above, nonetheless, in the event that the DACA applicant manages to have the DUI expunged, that could count as a favorable factor for USCIS to not flat out deny the DACA application.

Is a DUI a felony?

If you already have three DUI convictions, and you are charged with DUI a fourth time within a ten-year period , you will be charged with DUI. The penalties for a felony DUI conviction may include up to three years in a California State Prison, along with other penalties.

Has anyone been approved for DACA with a DUI?

Having an expunged DUI conviction on one's criminal record does not automatically disqualify someone from consideration under the DACA. ... Any criminal history can result in a denial of relief, which is discretionary, and a DACA applicant with an expunged DUI convictions would still be subject to review.

Can I apply for citizenship with two DUI?

Even without an absolute bar, the naturalization examiner can find that you lack the “good moral character

Can immigration officer take your green card?

No matter how long you have had your green card and how many times you have traveled outside the country in the past, on any given return trip, U.S. Customs and Border Protection (CBP) Officers can stop you at the air or sea port, take your green card and try to deport you.

What crimes affect citizenship?

  • Rape.
  • Drug trafficking.
  • Any crime of violence or theft that can be punished by a year or more of incarceration.
  • DUI (sometimes)
  • Sex with a partner who is under the age of consent (18 in some states, including California)
  • Money laundering over $10,000.

What can affect my citizenship application?

  • Any crime against a person with intent to harm.
  • Any crime against property of the Government that involves fraud or an evil intent.
  • Two or more crimes for which the aggregate sentence was five years or more.
  • Violating any controlled substance law.
  • Habitual drunkenness.
  • Illegal gambling.
  • Prostitution.

Can a convicted felon get citizenship?

If you have ever been convicted of one of the following, you are permanently denied U.S. citizenship: murder, or. an aggravated felony (if the conviction was after November 29, 1990).

Can you lose your residency if you get a DUI?

DUI's and Immigration Status. ... You will not be deported nor will your permanent resident status (“green card”) or citizenship be denied on these grounds. This is true even if your DUI injured someone—indeed, even if your DUI led to a death.

Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.