The facts surrounding each person's DUI can vary greatly. In a simple DUI, for example, the person may not have had high breath alcohol results and may simply have been pulled over by police for weaving on the road.
However, many DUIs are accompanied by an accident, reckless driving, bodily harm to others, or other aggravating factors, which can result in multiple criminal convictions. Such factors will be considered by US immigration authorities when determining what the conviction means for immigration purposes.
Moreover, there are severe repercussions for anyone charged with DUI, and the outcomes for an immigrant can be even more severe. That is also true for an immigrant with permanent resident status in the United States (a green card). The consequences will differ based on the circumstances of the conviction and whether or not you have left the United States and are attempting to return.
Is it possible to deport a green card holder for a DUI?
The answer is yes. A green card does not always protect you from deportation from the United States. With a DUI on your record, you may be placed in immigration court (removal) proceedings, where an immigration judge will determine whether your crime meets one of the grounds for deportation.
If the judge rules against you, your green card may be revoked (taken away). You would then be deported from the United States and barred from returning for many years.
As it relates to someone with a DUI conviction, the following crimes can render a green card holder deportable:
• A crime of moral turpitude committed within five years of admission, for which a year or more in prison could have been imposed on the subject
• A violent crime
• an aggravated felony; and even if your state's law classified your crime as a misdemeanor, keep in mind that US immigration authorities can use their standards to classify any crime as an aggravated felony.
• Two separate crimes involving moral turpitude, and • a controlled substance offense
Few of these name specific crimes, whether DUIs or other offenses. It will be up to immigration officials to examine the facts and conditions of your case, as well as whether you have other criminal activities on your record, to determine whether the DUI qualifies you for deportation under one of the aforementioned grounds.
Could a DUI away you from obtaining US citizenship?
As a green card holder, you may want to become a naturalized United States citizen as soon as possible to avoid problems such as being found inadmissible or deportable. However, before submitting your application for citizenship, you must demonstrate that you have had a good moral character for at least the last five years. That becomes more difficult if you have a DUI on your record.
It may be possible, with the assistance of a DUI Attorney in Connecticut, to deal with the issue by demonstrating all of your outstanding community achievements in other ways, such as through voluntary work and being a good worker and family member.
Nonetheless, your best chance of obtaining citizenship may be to wait until you have established a recent clean record; ideally, 5 years since the date of conviction. It's also worthwhile to seek treatment for any underlying issues, such as alcoholism. Ensure that any court-ordered terms of probation, restitution or other programs are followed.
