DUI and Immigration Status

Can a DUI Affect My Immigration Status?

If you are not a U.S. citizen and have been arrested or charged with DUI in California, it is important to consider both the criminal case and the potential immigration consequences.

A DUI does not automatically have the same immigration consequences for every noncitizen. The outcome can depend on your immigration status, the exact criminal charge, the facts underlying the case, the disposition of the case, prior convictions, statements made to immigration authorities, and other circumstances.

For that reason, noncitizens should tell their criminal-defense attorney about their immigration status before entering a plea or accepting a negotiated disposition.

Depending on the circumstances, a DUI arrest or conviction can affect immigration matters involving:

• Lawful permanent residence;
• Nonimmigrant visas;
• Visa applications or renewal;
• Admission to the United States;
• Naturalization;
• DACA or other deferred-action programs;
• Immigration bond;
• Removal or deportation proceedings; and
• Applications for immigration benefits or relief.

The immigration consequences of a criminal case can be highly fact-specific. When appropriate, criminal-defense counsel should work with qualified immigration counsel to evaluate the consequences of a proposed plea.

Is a DUI Automatically a Deportable Offense?

A California DUI should not be analyzed in isolation.

Whether a DUI creates immigration problems can depend on the exact offense, the facts underlying the conviction, the sentence, other convictions, and the person’s immigration history.

A DUI involving additional allegations—such as drugs, domestic violence, child-related conduct, injury, or other criminal charges—may raise different immigration questions than a straightforward alcohol-related DUI.

Do not assume that because someone you know had a DUI without an immigration consequence, your case will have the same result.

Can a DUI Arrest Affect a Visa?

Potentially.

Nonimmigrant visa holders and applicants can face issues that are different from those faced by U.S. citizens or lawful permanent residents.

In some circumstances, a DUI arrest can result in additional scrutiny by U.S. consular authorities or other immigration officials even when the criminal case has not resulted in a conviction.

If you hold a student visa, work visa, visitor visa, or another nonimmigrant status, speak with qualified immigration counsel before traveling outside the United States after a DUI arrest or conviction.

Do not assume that a dismissal, reduction, or “wet reckless” disposition has identical immigration consequences to a DUI conviction. The exact disposition and underlying facts should be reviewed.

Can a DUI Affect a Green Card Holder?

A DUI does not automatically mean that a lawful permanent resident will lose permanent-resident status.

However, multiple convictions, additional criminal conduct, drug-related allegations, domestic-violence allegations, or other facts can create immigration issues.

A green-card holder should not enter a plea simply because the criminal penalty appears minor. Before accepting a disposition, the person should determine whether the proposed resolution creates immigration consequences.

Can a DUI Affect Naturalization?

It can.

Applicants for U.S. citizenship may have to establish good moral character during the applicable statutory period, and criminal conduct can become relevant to that analysis.

A DUI does not automatically mean that an applicant will be denied naturalization. However, the circumstances of the DUI, the timing, prior conduct, multiple convictions, probation, substance-related issues, and other factors can matter.

If you have a DUI and are considering applying for citizenship, obtain individualized immigration advice before filing the application.

Can a DUI Affect DACA?

DACA recipients and applicants face particular concerns when dealing with criminal arrests and convictions.

A DUI can create significant problems for a person with DACA, and the consequences depend on the specific circumstances and applicable federal policy.

Because DACA rules and immigration enforcement policies can change, anyone with DACA who has been arrested or charged with DUI should obtain individualized immigration advice promptly.

Do not rely on an older website article or advice given to another DACA recipient.

What If My DUI Involved Drugs?

A drug-related DUI can raise immigration issues that are different from those associated with an alcohol-only DUI.

Federal immigration law has specific rules concerning controlled substances. The identity of the substance, the conduct alleged, the criminal charge, the disposition, and statements made by the person can all matter.

A person facing a drug-related DUI should tell both the criminal-defense attorney and qualified immigration counsel exactly what substance was involved and what the police allege occurred.

Do not make statements about drug possession or drug use to immigration authorities without first obtaining appropriate legal advice.

Does a “Wet Reckless” Plea Solve the Immigration Problem?

Not necessarily.

A wet-reckless disposition can be a valuable criminal-defense resolution in some California DUI cases, but it should not automatically be described as immigration-safe.

Immigration authorities may examine the exact statute of conviction, the record of conviction, the sentence, and other facts.

If immigration status is important to you, the proposed disposition should be reviewed for both its criminal and immigration consequences before you accept it.

What Is a Crime Involving Moral Turpitude?

“Crime involving moral turpitude,” often abbreviated as CIMT, is an immigration-law concept that can affect certain immigration benefits and proceedings.

Whether a particular California conviction qualifies can depend on the statute of conviction and the specific legal elements of the offense.

A DUI should not simply be labeled a CIMT or not a CIMT without analyzing the precise conviction and applicable immigration law.

What Is Good Moral Character?

Good moral character can be relevant to applications such as naturalization and certain forms of immigration relief.

A criminal conviction does not automatically answer the entire good-moral-character question. Immigration authorities may consider the nature of the conduct, the statutory rules applicable to the applicant, the relevant time period, and other positive and negative factors.

Someone with a recent DUI should consider obtaining immigration advice before filing for naturalization or another benefit where good moral character is required.

What Should I Tell My DUI Attorney?

If you are not a U.S. citizen, tell your criminal-defense attorney:

• Your current immigration status;
• Whether you have a green card;
• Whether you have DACA or another deferred-action status;
• Whether you have a visa;
• Whether you have a pending immigration application;
• Whether you have previously been placed in removal proceedings;
• Whether you have prior arrests or convictions;
• Whether you have previously traveled outside the United States after a criminal case; and
• Whether you are planning to travel internationally.

Do not assume that immigration information is irrelevant to your criminal case.

A criminal-defense attorney may be able to consider alternative dispositions that are more favorable from an immigration perspective, but the immigration consequences should be evaluated before the plea is entered.

Why Immigration Status Should Be Discussed Before a Plea

A plea bargain is not simply about avoiding jail.

The precise conviction and sentence can affect future immigration proceedings even when the criminal penalty appears relatively minor.

For a noncitizen, the best criminal-defense strategy may therefore be different from the strategy that would be recommended for a U.S. citizen with identical criminal allegations.

The earlier immigration consequences are considered, the more options may be available.

Do I Need an Immigration Attorney Too?

Sometimes.

Criminal-defense attorneys and immigration attorneys address different areas of law. A California criminal-defense attorney can evaluate the criminal case and negotiate criminal dispositions, while an immigration attorney can evaluate federal immigration consequences.

In cases involving significant immigration concerns, coordinated advice can be especially important before accepting a plea.

Have You Been Arrested for DUI and Are Not a U.S. Citizen?

Do not wait until after entering a plea to ask about immigration consequences.

The Law Office of Wais Azami represents clients facing DUI charges in Orange County and understands the importance of considering collateral consequences when negotiating a criminal case.

Call (714) 321-9999 to schedule a consultation.

Law Office of Wais Azami
12832 Valley View St. #203
Garden Grove, CA 92845
(714) 321-9999
By Appointment Only

Important Legal Disclaimer

This page provides general information and is not individualized immigration or legal advice. Immigration law and federal immigration policies can change, and the consequences of a DUI depend on the exact facts, charge, conviction, sentence, immigration status, and history of the individual. Noncitizens should obtain individualized advice from qualified criminal-defense and, when appropriate, immigration counsel before entering a plea, traveling internationally, or applying for an immigration benefit.