Immigration Status After a DUI Arrest

If you are not a natural-born citizen of the United States and you are arrested for DUI, you probably have questions about your immigration status. Being convicted for a crime while here on a visa or without papers can have a very serious effect on you. Before your criminal case moves forward, learn about your rights should you be convicted, and determine with the help of an attorney how to fight the charges against you.

Visa Holders

People who hold visas giving them permission to live and/or work in the United States could have their visas revoked for an arrest or conviction for driving under the influence. A conviction is not needed – the U.S. consulate that issued the visa can choose to revoke a visa even if the holder is merely arrested for certain types of crimes. Revocation of a visa is sufficient for your deportation by Immigration and Customs Enforcement (ICE). This is true even though a single DUI arrest typically is not grounds for deportation for visa holders. People with visas should be aware that if their visas are revoked and they travel outside the United States, they will not be able to re-enter.

Permanent Residents

Like visa holders, permanent residents can be deported if they commit certain crimes, such as:

• aggravated felonies
• crimes of moral turpitude, committed within five years of admission, with possible sentence of one year or more
• crimes of violence
• two separate crimes involving moral turpitude
• crimes relating to controlled substances such as drugs

A single DUI likely does not fall under any of these categories unless drugs were involved, although you may be called into immigration court anyway for the judge to evaluate whether you meet deportability requirements. Multiple DUIs could result in deportation depending on the circumstances, and it is up to the court to evaluate the individual circumstances of your case.

Undocumented Immigrants

Undocumented immigrants face the greatest risk of immigration consequences for a DUI. They can be deported for commission of any criminal offense, because they pose a “public safety” or “national security” threat. Even DACA recipients who committed minor criminal offenses such as misdemeanors have been arrested by ICE recently. ICE claims that DACA status provides no protection, even in the case of a young man who was completing a diversion program that would have resulted in no criminal record.

Have you been charged with a DUI and have related immigration issues? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, uses his trial experience and expert-level knowledge of DUI science to defend drivers. He has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.