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Can a DUI Affect Your Visa or Green Card Status?


Photo by Tim Mossholder

A DUI (Driving under the Influence) charge can have serious consequences for individuals seeking a visa or green card in the United States. It might seem like just a traffic violation to some. However, that is not the case for U.S. officials, and the effects on immigration status can be significant. 

According to statistics, legal immigration limits and uncapped categories allow only around 1.1 million green cards to be issued in FY 2024. It means 97 percent of green card applicants will not receive one this year. Amidst this, the last thing anyone would need is a DUI arrest. 

So, how does a DUI impact one’s immigration journey? Is it important for anyone looking to secure their place in the country? Read the article to learn more about it. 

DUI and Its Impact on Visa Holders:

A DUI can create problems for those holding a temporary visa. U.S. immigration officials view any criminal activity as a reason to review an individual's eligibility despite it being midseason. A DUI arrest might trigger extra scrutiny from immigration authorities. It can lead to potential delays or even denials during the visa renewal or extension process. Visa applicants may also face additional questioning about their character and behavior. 

Officials might ask for more details about the DUI incident and its circumstances. Being honest and upfront about the situation is crucial, as lying or hiding details can lead to even more severe consequences. This honesty often plays a positive role in officials determining the applicant's eligibility to stay in the U.S.

Green Card Applicants and DUI Charges:

The U.S. immigration system pays close attention to the moral character of applicants. It is why a DUI can raise concerns. A single DUI offense might not automatically disqualify someone from getting a green card. Repeated offenses or a history of substance abuse could lead to denial though.

The impact also depends on the severity of the DUI charge. For example, a DUI may be seen as a serious offense if it involves:

Cases like these can signal to immigration authorities that the person poses a risk to the community. It can make the path to a green card more difficult.

The Legal Side of DUI and Immigration:

For green card holders or those seeking permanent residency, a DUI might not directly lead to deportation. Multiple DUI convictions or a DUI paired with other criminal charges can escalate the situation. Immigration officials might interpret these incidents as a lack of moral character or a disregard for U.S. laws.

DUI lawyers recommend seeking immediate legal advice if a DUI charge arises. They believe doing so is a wise decision since one offense can impact immigration status. 

What to Do If You Have a DUI Charge?

Anyone with a DUI charge should act quickly to understand their options. Hiring a knowledgeable attorney who understands both criminal and immigration law is vital. Legal professionals can offer guidance on addressing the charges while protecting one's visa or green card status.

Immigration officials are known to be strict with DUI cases. This is especially the case when they involve violence or endangerment. It could further complicate the case if the DUI includes factors like driving with a suspended license or causing harm to others.

It’s possible to apply for a waiver if a DUI threatens one’s immigration status in some situations. Waivers may be available under specific circumstances. It can be the case if the individual can prove that their removal from the country would cause undue hardship to a U.S. citizen or lawful permanent resident.

Keep in mind that waivers are not guaranteed and require strong documentation to convince immigration authorities. The process involves proving that the individual is rehabilitated and has strong ties to the community while posing no risk to society. 

A proactive approach can make a difference when dealing with DUI charges. Seeking help from legal professionals ensures that individuals get the best possible advice. These experts can help you with the legal process while minimizing risks to one's visa or green card status. Getting expertise and guidance from an experienced attorney can ensure that you can deal with any challenges that can arise in your path when securing citizenship. 

A DUI can complicate the journey to securing a visa or green card. It doesn’t always mean the end of the road. Taking immediate steps and seeking legal advice can make a significant difference. Consulting with experts is a wise decision to safeguard their future in the U.S. for those who find themselves facing a DUI charge.