Avoiding major criminal violations is mandatory for immigrants. People seeking visas or green cards have to submit to a background check that includes a thorough criminal record search when they first apply. The United States Citizenship and Immigration Services (USCIS) typically conducts additional background checks during every visa renewal, as well as when immigrants request green cards or seek to naturalize.
Various criminal issues can make an immigrant ineligible for a visa or green card. Immigrants may even be at risk of removal from the United States in cases involving serious offenses. Specific types of crimes, including offenses that carry prison sentences and drug crimes, have a strong association with immigration consequences.
Minor offenses may not necessarily impact an immigrant’s visa or eligibility for a green card. Driving under the influence (DUI) charges can follow a car crash or a traffic stop. So long as there are no injuries or other serious consequences, a DUI charge could potentially be a misdemeanor that doesn’t even carry jail time. Could there immigration consequences for drunk driving offenses regardless?
Repeat convictions can prove problematic
A misdemeanor criminal conviction may not impact an immigrant’s status, but some misdemeanors can have immigration consequences, especially after repeated offenses. Federal regulatory authorities provide guidance for immigrants regarding criminal convictions that could affect their status.
The list of offenses with immigration implications includes violent crimes, crimes of moral turpitude and drug offenses. The list also includes convictions for two or more DUI convictions. Substance abuse challenges are among the statutory bars for immigrants.
Repeated DUI convictions are indicative of a habitual issue with alcohol. Any immigrant with two or more DUI convictions could be at risk of removal. They may become ineligible to renew their visa, naturalize to become a citizen or adjust their status to secure a green card. Responding effectively to criminal charges is of the utmost importance for immigrants living in the United States.
While a DUI on its own may not affect an immigrant’s status, a first conviction leaves an immigrant particularly vulnerable to removal after a second arrest. Immigrants may need insight into the charges they face to respond in a manner that protects them from removal or deportation proceedings. Successfully fighting a first or second DUI charge can help protect an immigrant’s legal status. Seeking legal guidance is a good way to get started.