Drunk driving is a severe offense under California law. It involves operating a vehicle while impaired by alcohol or other controlled substances. Driving under the influence increases road users' risk of auto accidents and other forms of injury. The consequences of a DUI arrest and conviction are severe and life-changing. They include incarceration, fines, and driver's license suspension.

For immigrants, the consequences of a DUI charge can extend far beyond criminal penalties. This includes those applying for different types of visas and green cards. A DUI arrest and conviction can delay visa processing and make you ineligible for immigration services. For individuals who have received permanent or temporary residency, a DUI can impact their ability to remain in the country.

This includes deportation and inadmissibility. Deportation involves forceful removal, while inadmissibility means you cannot return to the U.S. after leaving. If you risk losing your immigration status due to a DUI, you will need a skilled immigration attorney to guide you through the process.

Impact of DUI on Non-Immigrant Visas

Non-immigrant visas allow individuals to stay in the U.S. for a limited period. They include tourist, student, work, and other temporary visas. If you face DUI charges while on a non-immigrant visa, it could impact your ability to maintain or extend your visa status. There are several ways a DUI conviction can affect a non-immigrant visa holder. They include:

  • Visa Denial. If you are applying for a new visa or extending your current visa, a DUI conviction may lead to a denial. Consular officers and immigration officials may consider DUI offenses when deciding on visa eligibility. A single DUI offense might not result in automatic denial. However, the risk of visa denial increases if you have additional aggravating factors.
  • Visa Revocation. If you hold a visa and face a DUI conviction, U.S. immigration authorities may choose to revoke your visa. Consular officers may decide that a DUI conviction is grounds for visa revocation under the provision that you are a threat to public safety.
  • Adjustment of Status complications. If you apply to adjust your immigration status, a DUI conviction may complicate this process. Immigration officials will review your criminal history when deciding whether to approve your green card application. While a standard DUI might not automatically result in denial, the charge could delay the process. Additionally, aggravated DUI or multiple DUI convictions may lead to a denial.
  • Deportation. If you reside in the U.S. on a non-immigrant visa, you risk deportation when you face a DUI conviction. This occurs if the DUI involves additional criminal charges or a history of DUIs.

Impact on Immigrant Visas

Immigrant visas provide a pathway to permanent residence status. They include family-sponsored and employment-based visas. A DUI charge could impact your ability to obtain or maintain an immigrant visa in various ways. They include:

Inadmissibility

Criminal convictions, including DUIs, can lead to inadmissibility under U.S. immigration law. For immigrant visa applicants, this could mean they are barred from entering the U.S. Additionally, the USCIS can deny you the green card status. In some cases, waivers of inadmissibility are available. However, the process is complex and requires meeting specific criteria.

Green Card Application

 A DUI charge can complicate your green card processing. Immigration officials will scrutinize your criminal history during your green card interview. A DUI conviction without aggravating factors may not lead to denial. However, multiple offenses or an aggravated DUI can result in denial or delayed processing.

Green Card Holder with DUI

If you are a green card holder facing an arrest or conviction for DUI, you risk forceful removal. A single DUI conviction will not automatically trigger deportation proceedings. However, more serious charges related to DUI could result in deportation. This occurs if the DUI is classified as an aggravated felony.

DUI and Deportation in California

A DUI charge and conviction can negatively affect your visa and green card applications. Receiving a visa or a green card does not mean you will receive equal treatment with citizens. Therefore, many people are concerned about whether the offense can cause deportation. Deportation involves the forceful removal of an immigrant from the US by ICE. California law classifies offenses that can result in deportation.

These include crimes of moral turpitude, aggravated felonies, and severe drug offenses. A DUI charge can result in deportation under the following circumstances:

  • Conviction of an aggravated felony. A DUI conviction is not an aggravated felony under California immigration law. However, in cases of DUI with injury or DUI involving drugs, the offense is classified as an aggravated felony. Aggravated felonies are serious crimes under immigration law. A conviction for these offenses can result in mandatory deportation without the possibility of relief.
  • DUI is a crime of moral turpitude. Crimes of moral turpitude involve a breach of moral standards. They include fraud, theft, embezzlement, or assault. DUI is not a crime of moral turpitude. However, if a DUI offense involves additional aggravating factors, it can result in deportation. These factors include reckless driving or a DUI-causing injury.
  • Multiple DUI convictions. Non-citizens with multiple DUI convictions could face more severe immigration consequences. This occurs if those convictions involve aggravating factors like injury, drugs, or property damage. A pattern of criminal behavior can raise red flags with immigration authorities. This can increase the likelihood of deportation proceedings.
  • DUI and Drug Use. If the DUI involves drugs, it could have more significant immigration consequences. A conviction for driving under the influence of drugs is categorized as a drug-related offense. Under California immigration law, this is grounds for deportation. Even a simple DUI involving prescription medication could result in an immigration violation if it leads to a drug-related conviction.
  • Aggravating factors and DUI with injury. DUI with injury is a felony in California. If a non-citizen faces a conviction for a felony DUI with injury, they suffer more severe consequences. A conviction for DUI causing injury is an aggravated felony or a crime of moral turpitude, which results in deportation.

DUI and Naturalization in California

A DUI conviction can also affect your eligibility for U.S. citizenship. You must meet specific requirements to become a U.S. citizen. These include demonstrating good moral character for at least five years and three years if married to a U.S. citizen. DUI offenses may raise questions about an applicant's moral character.

  • Single DUI Conviction. A single DUI conviction might not disqualify you from citizenship. However, if the DUI resulted in other serious consequences like injury or death, the conviction can stain your moral character.
  • Multiple DUI convictions. If you have multiple DUI convictions in a short period, the convictions could raise concerns about your moral character. This can result in the denial of your citizenship application.
  • Waivers and Exceptions. Sometimes, you can apply for a waiver of inadmissibility or certain moral character requirements. The waiver applies to defendants whose DUI was a one-time incident related to a medical condition. Working with an immigration attorney helps determine whether you qualify for a waiver.

DUI and Inadmissibility

Deportation or forceful removal from the US is not the only negative immigration consequence caused by drunk driving. Even when you do not face deportation, leaving and returning to the U.S. could prove challenging after a DUI conviction.

Inadmissibility laws prevent an immigrant from returning to the US after leaving under the following circumstances:

  • You left the United States after committing a criminal offense,
  • You committed a crime outside of the United States
  • You spent over six months outside of the U.S.

If you are an immigrant and are arrested for DUI, you could be detained at ICE facilities. Before being released from ICE detention, you can post a voluntary departure bond. This bond allows you to leave the country[try voluntarily]. You must undergo a court hearing if you attempt to return under these circumstances.

A single drunk driving conviction with no aggravating circumstances may not be inadmissible. However, multiple DUI convictions or a single DUI with aggravating circumstances may result in these adverse measures.

Impact of Watson Murder on Your Immigration Status

You face charges for Watson murder when you drive under the influence of alcohol or drugs and cause an accident that results in the death of another person. Before your conviction for this offense, the prescription must prove these elements:

  • You committed an intentional act that resulted in another person's death.
  • The natural consequences of drunk driving are dangerous to human life.
  • You acted with conscious disregard for the safety of other individuals

Causing another person's death while drunk driving is an aggravating factor which can result in deportation and inadmissibility.

Frequently Asked Questions on DUI Charges and Your Immigration Status

Drunk driving is a severe offense in California. The consequences of a conviction for this offense include a negative impact on your immigration status. When you apply for a visa or green card, there is uncertainty about how your DUI charge and conviction can affect the application. The following are frequently asked questions on the impact of a DUI on your green card and visa status:

Will a DUI conviction that happened several years ago impact my immigration status?

YES. When you file a petition for a visa or green card, the USCIS will consider your criminal record when considering your application. Having a DUI on your record can impact your immigration status regardless of the number of years that have passed since the conviction. However, past convictions have a more significant impact than current ones.

Will a DUI from another country impact my visa or green card application?

A DUI conviction in another country may be relevant during the immigration process. When you apply for a visa or green card, the immigration authorities may request information about criminal convictions abroad. Depending on the circumstances, the conviction can affect your eligibility for immigration benefits. However, a foreign DUI will be less severe than a U.S. conviction.

What happens if I face a DUI arrest during the visa application?

If you face a DUI during your green card application, it could delay the approval of your application. The U.S. Citizenship and Immigration Services may review your criminal record and the DUI before approving the applications. A single DUI will not result in the denial of a green card. However, multiple offenses or other associated criminal conduct may negatively impact your application.

What is the difference between a DUI arrest and a conviction for immigration in California?

A critical aspect of DUI and immigration is whether your arrest for drunk driving resulted in a criminal conviction. A DUI arrest does not mean you are guilty of committing the crime. You still have a chance to hire a skilled attorney to fight the charges. Therefore, an arrest for this offense will not automatically affect your immigration status.

A conviction for DUI means that the prosecution has proven beyond a reasonable doubt that you engaged in dangerous conduct. When the USCIS learns of your conviction for drunk driving, they could look into your immigration status. Your conviction under these circumstances will result in deportation, inadmissibility, or other adverse effects on your visa and green card.

Find a Competent Immigration Attorney Near Me

The consequences of a conviction for drunk driving in California go beyond incarceration and fines. A DUI charge or conviction can significantly affect visa and green card holders. When you face a DUI arrest, the relevant authorities will notify immigration and customs enforcement. This can result in denial or stalling your visa or green card issuance.

Additionally, DUI convictions with aggravated factors can result in deportation or inadmissibility. If you face a DUI arrest, you must consult an immigration lawyer to understand the consequences and protect your rights. This increases your chances of minimizing the impact on your immigration status and future in the United States.

At Orange County Immigration Attorney, we offer the expert legal guidance you need to navigate your immigration case. We serve clients battling immigration cases and petitions in Orange County, CA. Contact us at 714-909-0426 to discuss your case.