Can I renew my green card with 2 DUI? A DUI conviction can lead to serious effects on your immigration application, depending on the details of the DUI, any other violations, and any additional criminal offenses. If you’re facing a DUI charge, it’s a good idea to talk to an experienced criminal defense lawyer at KGO Law Firm to get answers to your immigration questions and ensure your rights are protected.
Current Immigration Status
It’s important to know your current immigration status in the U.S. to understand how a DUI may impact your immigration application.
- Undocumented
If you’re undocumented and don’t have legal permission to be in the U.S., a DUI conviction could lead to deportation or at least be recorded on your record and shown when you apply for immigration status.
- Green Card Renewal
If you have a green card and are renewing it, one DUI conviction may not lead to a denial or deportation. However, a second DUI conviction could increase the chances of denial or deportation.
- Applying for a Green Card or U.S. Citizenship
If you’re applying for a green card or U.S. citizenship, a DUI conviction could affect your application. It may not automatically cause a denial if it’s your first offense, but it could influence your application.
DUI Arrest vs. DUI Conviction
The difference between a DUI arrest and a DUI conviction is essential in determining how it will affect one’s immigration status.
- DUI Arrest
An arrest for DUI does not mean you are guilty. It simply means you’re suspected of committing a crime. If you’re arrested for DUI, speaking with an attorney at KGO Law Firm is essential to challenge the evidence or reduce the charges.
- DUI Conviction
A DUI conviction means you are legally guilty of driving under the influence of drugs or alcohol. A conviction typically results in fines, jail time, or a revoked driver’s license. It is more likely to impact your immigration application.
Immigration Applications and Good Moral Character
A key requirement in most immigration applications is showing “good moral character” (GMC). Applicants must demonstrate good moral character for at least 5 years before applying and maintain it throughout the process.
- Incarceration for More Than 180 Days
Any criminal conviction leading to 180 days or more of incarceration will trigger a review of your immigration application to assess your good moral character.
- Other Circumstances
Other offenses, in addition to a DUI, can also affect your immigration application. Reckless driving, illegal drug use, or endangering others can be seen as aggravating factors, suggesting poor moral character.
Immigration Application Considerations
The (USCIS) updated its policy in 2019 to address how DUI convictions affect immigration status. In the case of Castillo-Perez, the Justice Department ruled that two or more DUI convictions within 5 years may disqualify you from meeting the reasonable moral character requirement.
However, the ultimate impact of a DUI on your immigration application depends on the specifics of your case and the discretion of the immigration officer reviewing your file.
Contact an Experienced Defense Attorney Today
Every case is different, and the circumstances surrounding your DUI arrest or conviction affect your immigration status. Understanding how a DUI can impact your immigration application is crucial to ensuring a positive outcome. If you’ve been arrested or convicted of a DUI, consider consulting with an experienced criminal defense attorney at KGO Law Firm. Call us today at (703) 988-3711 or (301) 840-0080 for a consultation.
