A DUI can result in serious consequences to anyone, but the outcomes can be even worse if the defendant is not a US citizen. The immigration consequences of an alien’s conviction depend on the person’s prior violations, where the person is in the immigration process and certain facts of the crime. Based on these factors, a DUI may result in the three main consequences: denial of admissibility into the US, denial of citizenship, or deportation.
However, under section 101(a)(48) of US immigration law, a conviction with regards to an alien refers to the situation when a formal US court has issued a verdict confirming that the alien is guilty, or if a judgment is yet to be made, that the jury has found the alien guilty or the alien confesses to being guilty. Also, some form of punishment, restraint on the alien’s liberty, or penalty has been ordered against the alien.
How Does a DUI Conviction Affect the Status of a US Immigrant?
When charged with a DUI and arrested, the fingerprints and photographs of the offender are taken and submitted to the national database, where it stays permanently. If the offender is an immigrant, it will appear in the individual’s profile every time they submit an application for an immigration benefit, such as job authorization, asylum, naturalization, visa renewal or any other adjustment.
A criminal conviction, such as a DUI, may result in your application being denied. For instance, even though you’re an immigrant, your application for visa renewal may be denied just because you were convicted of a DUI.
How Does a DUI Conviction Affect My Visa Application?
If you’re awaiting your immigration decision, you must be aware of how lengthy and stressful a US immigration process is. Since it’s already tough to obtain citizenship status, you certainly do not want to give the immigration officer any reason to deny you. Drunk driving, especially if it harms someone else, is considered a serious criminal offense in the US.
If you’re on a temporary visa, a green card holder, or staying illegally in the US, a DUI offense will not only decrease your chances of obtaining a citizenship decrease, but there is a great possibility that you will be deported to your home country. US immigration laws authorize the government to deport individuals for committing criminal offenses.
What Next?
Since US immigration is a complex process, the implications of a DUI still remain very uncertain. If you’re an alien and have been charged with a DUI, don’t wait until you’re convicted. Hire an immigration attorney as soon as possible. The lawyer will carefully review the particular state code and study the criminal statute in detail. The most important aspect the attorney is likely to focus on is establishing that your drunk driving crime does not meet the definition of conviction stated by immigration law.
