If you’ve immigrated from another country and have a DUI, you might be asking yourself, “Does a DUI affect my green card application?” While it’s entirely possible that a DUI will have no effect on your application, you could have trouble getting your green card if you have multiple DUIs or if other factors are present.
Fortunately, a Los Angeles DUI lawyer can assess your situation and advise you on how to move forward. If you are facing charges and haven’t been convicted yet, an attorney can also represent you and fight the accusations made against you.
Steps in the Green Card Application Process a DUI Can Affect
There are several steps in the green card application process that a DUI can affect. Familiarizing yourself with the parts of the process that could go wrong can help you overcome the obstacles between you and permanent residence in the U.S.
Once you’ve filled out your I-485 application form, you undergo a more thorough vetting process as part of your application. As part of this vetting process, your criminal background and medical history will be evaluated. If you have a DUI, you could experience difficulties during your criminal and medical evaluation.
Let’s take a closer look at how having a DUI on your record can impact these two stages of the green card application process.
The Criminal Background Check for Green Card Applicants
The criminal background screening for green card applicants relies on the standards set forth in the Immigration and Nationality Act (INA). This criminal background check will uncover any crimes for which you’ve been convicted, but the focus of the green card application process is on serious or otherwise morally reprehensible crimes.
The statute specifically names crimes such as:
- Murder
- Sexual assault
- Theft
It’s important to note that even if you haven’t committed one of the above-listed crimes, you can still face issues with the criminal background check if you have a DUI. Let’s take a closer look at how a DUI can affect your green card applications during the criminal background check.
How a DUI Can Affect the Criminal Background Check
In addition to the crimes mentioned above, the INA forbids the entry or continued residence of individuals who have committed a crime involving moral turpitude. These are crimes in which the perpetrator had a clear intent to break the law or otherwise endanger another person.
A DUI conviction in California, when coupled with no aggravating factors, does not fall into the category of a crime involving moral turpitude. This is because a single DUI, as it’s defined in California law, does not involve intent to break the law or endanger someone else, even if it is a possible outcome of driving under the influence.
That said, there are factors that can make a DUI a crime of moral turpitude. A lawyer can determine if your DUI offense qualifies as a crime of moral turpitude and work tirelessly to ensure it doesn’t impact your ability to live in the U.S. permanently.
Will a DUI Affect My Green Card Application if There Was an Aggravating Factor?
If a DUI is coupled with an aggravating factor, it is entirely possible that the conviction will qualify as a crime of moral turpitude and result in a rejection of your green card application. Potentially aggravating factors that might push a DUI into the territory of a crime involving moral turpitude include:
- DUI with a suspended license
- Using or possessing illegal substances
- DUI with a minor in the vehicle
- DUI resulting in the injury of another person
These aggravating factors show either knowledge or intent to break the law or put another person’s safety at risk. For example, the law sees a clear intent to break the law if you drive on a suspended license. In the eyes of the law, you are made clearly aware of your license suspension, so driving after receiving a suspension is a knowing disregard for the law.
If you’ve been convicted of or are facing charges for an aggravated DUI, you’ll want to consult with an experienced attorney. A lawyer can assess your unique situation and advise you on how to move forward.
How a DUI Can Affect the Medical Evaluation Process
As part of the green card application process, the United States Citizenship and Immigration Services (USCIS) evaluates individuals for physical and mental disorders which may lead to harmful behavior. The medical evaluation looks at both current physical and mental disorders, as well as behaviors that have been exhibited in the past.
Alcohol use disorders can be disqualifying for individuals during the green card application process. Having a DUI on your record is a sign that your disorder is associated with potentially harmful behavior. As such, a DUI on your record may signal to the evaluating doctor that you may engage in risky behavior that might damage property or hurt another person.
Having Multiple DUIs Can Affect Your Green Card Application
Another factor that can lead to DUI-related issues with your green card application is if you have multiple impaired driving convictions. Even if your DUIs have no aggravating factors associated with them and your offenses don’t raise any red flags during the medical evaluation, having more than one DUI can prevent you from gaining permanent residency.
If you have one DUI on your record and are facing charges for a second offense, don’t hesitate to hire a seasoned Los Angeles DUI lawyer. A skilled attorney can fight relentlessly to get your charges dropped or reduced. Having a knowledgeable lawyer by your side can make the difference between a failed green card application and a successful one.
How a DUI Lawyer Can Help You
Now that you know how a DUI can affect your green card application, it’s time to get the legal representation you need to protect your permanent record and avoid the serious penalties associated with a drunk driving conviction. Here’s what a trusted lawyer can do to help:
- Investigate your drunk driving incident and arrest
- Gather evidence like blood alcohol content (BAC) test results, witness statements, and more
- Use evidence to build a strong defense case on your behalf
- Negotiate a plea bargain for reduced charges
- Fight your charges in court
- Determine if DUI expungement is right for you
- Advise you further on how a DUI can affect your green card application
- Answer any questions you have about the DUI defense process
Speak With a DUI Attorney Before You’re Convicted of a DUI Offense
If you’ve been charged with a DUI-related offense, it’s important that you have the right representation. During the green card application process, you will be evaluated on both moral- and health-related grounds. Having a skilled DUI attorney by your side during the DUI process can have a positive impact on how you are evaluated by the USCIS.
Contact a Los Angeles DUI lawyer today to schedule a free consultation and learn more about your legal options after a DUI arrest. An attorney can advise you on your best course of action moving forward and explain how a DUI can affect your green card application. We look forward to working with you on your case.
