A green card holder with a DUI can usually reenter the U.S. However, a criminal conviction could cause immigration problems if there are aggravating factors associated with it. If you are worried your DUI conviction will impact your green card status, meet with a lawyer to discuss your legal options.
There are times when a DUI can affect your green card application and impact you in other ways. A Los Angeles DUI lawyer understands the short- and long-term consequences of a conviction. They can take legal action on your behalf to help you avoid these ramifications.
How Does a DUI Impact a Green Card Holder?
Typically, getting convicted of driving under the influence will not cause immigration problems for green card holders. In one of the worst-case scenarios, your conviction can lead to deportation. Here are some of the crimes relating to DUI convictions that can increase your risk of being deported.
Aggravated Felony
Murder, rape, and federal drug trafficking are three examples of aggravated felonies. In total, there are at least 30 offenses that fall under the aggravated felony umbrella. If you have been convicted of a DUI and an aggravated felony, you could be subject to deportation without a removal hearing.
Crime of Violence
A crime is considered “violent” if a person uses, attempts to use, or threatens to use physical force. On its own, driving under the influence may not be considered a crime of violence. If police link intentional force to your DUI charge, you could be convicted of a violent crime, which can impact your immigration status.
Crime Involving Moral Turpitude (CIMT)
Examples of crimes involving moral turpitude include premeditated murder, armed robbery, and sexual assault. If convicted of a CIMT, the court says you committed a crime that is immoral, shocking, or vile. In most cases, a DUI is not classified as a CIMT unless there are aggravating factors linked to it.
You may believe a DUI means you are a criminal, and as such, you could face deportation based on your prior actions. In this situation, request legal help. Let a lawyer evaluate your case, and they can search for ways to help you defend against deportation and other legal issues.
Can a Green Card Holder With a DUI Reenter the U.S. After They Leave the Country?
After a first-time DUI conviction, most green card holders have no issues reentering the United States. Problems can come up if you have been convicted of a crime with aggravating factors. If convicted of this type of crime, U.S. officials could say you are “inadmissible” when you enter a port and want to get back into the country.
Although a DUI will not show up on a passport or green card, it can have far-flung effects on you if you travel in and out of the United States. If you are concerned about these, ask an attorney to assist you. It would help if you did so before you leave to make sure you will be able to reenter the country at the end of your trip.
You do not need a lawyer for a DUI charge, but hiring one is often a good idea. If you are a green card holder and are unsure of how a conviction will affect you, your lawyer can provide legal tips and guidance. Plus, they can prepare an argument that could lead the court to drop the charge against you.
Can You Lose Your Green Card for a DUI?
Unfortunately, a DUI conviction could provide the U.S. government with grounds to revoke your green card. It takes extreme circumstances for the government to take away your permanent resident card. Regardless, your conviction can hurt your chances of keeping your green card.
To minimize the risk of losing your green card, partner with a DUI lawyer as soon as you are charged with driving under the influence. Your attorney examines the case against you and considers ways to contest your charge. They may find holes in the prosecution’s argument, helping you show the court that you should not be convicted.
In addition, your attorney could negotiate a DUI plea bargain on your behalf. With a plea deal, you accept a lesser charge than the initial one levied against you. By approving this deal, you could avoid a conviction, along with jail or prison time, fines, and other severe penalties.
Hire a Lawyer to Help You Dispute Your DUI Charge Before It Keeps You from Reentering the U.S.
You receive a driving under the influence charge and believe the issue will resolve itself. By choosing to ignore the charge, it will only get worse. If you have a green card, getting convicted of a DUI could ultimately impact your ability to leave and reenter the United States freely.
Rather than have a DUI charge linger, seek help from a Los Angeles DUI lawyer. From here, your attorney will look for ways to reduce or eliminate your charge, block evidence the prosecutor wants to use against you, and much more. Schedule a consultation with a DUI attorney.
