For green card holders, staying out of legal trouble is crucial, as any criminal conviction could affect their immigration status. While minor offenses, like a traffic ticket, usually do not pose a risk, being convicted of a DUI (driving under the influence) or DWI (driving while intoxicated) can have more serious consequences. A DUI conviction becomes part of your criminal record, and depending on the severity, it could be classified as either a misdemeanor or a felony. If you hold a green card, you might be concerned about how this conviction could affect your ability to travel, particularly if you plan to leave the United States for personal reasons, such as a family visit or vacation.
If you are facing concerns about a DUI charge and how it might affect your green card status or your ability to reenter the United States, it is crucial to seek professional advice. Consulting with an immigration appellate lawyer from The Federal Practice Group can help you understand the potential consequences and guide you through the legal process. Don’t wait—reach out today to ensure your rights are protected and your immigration status remains secure.
Consequences for Green Card Holders Facing Criminal Charges
When a green card holder is accused of a crime, two main questions typically arise:
- Should the U.S. government deport the immigrant back to their home country?
- Can the crime lead to the immigrant being deemed inadmissible to the U.S., thus preventing them from returning if they travel abroad for over 180 days?
Understanding inadmissibility and its relation to criminal offenses is vital in this context.
What Does Inadmissibility Mean?
Inadmissibility refers to a situation in which an immigrant is deemed ineligible to enter or reenter the United States. When a green card holder initially applies for permanent residency, the government assesses whether they meet the requirements for admission, ensuring the applicant is not inadmissible. In some cases, even if an applicant has a history of inadmissibility, it may be waived. However, if a green card holder travels outside the U.S. for over 180 days, the government will evaluate their situation upon their return. This evaluation includes factors like:
- The duration of the absence from the U.S. (more than 180 days),
- Any crimes committed during the absence, and
- Any crimes committed while still in the U.S. before leaving.
How DUI Affects Reentry
A DUI conviction could potentially lead to issues with reentering the U.S., but it depends on specific circumstances. A DUI alone may not necessarily make you inadmissible, but if you have additional factors that make you inadmissible, your reentry could be jeopardized. For instance, the following situations could lead to inadmissibility:
- Multiple convictions: If you have been convicted of two or more crimes and were sentenced to at least five years in prison, this could affect your reentry.
- Crimes of moral turpitude: A DUI generally does not fall under this category, but more severe crimes that are intentional and morally reprehensible could make you inadmissible.
- Involvement with controlled substances: If you have admitted to drug-related offenses, this could also be grounds for inadmissibility.
If you return to the U.S. after a trip and the government finds any of these factors in your record, they could prevent you from reentering the country. Immigration officers may take your fingerprints and run them through a government database, where they could discover grounds for inadmissibility. While a DUI conviction by itself may not lead to deportation or denial of reentry, having a DUI in conjunction with other criminal activity could result in serious consequences, including deportation.
Seeking Help with DUI and Immigration Concerns
If you are a green card holder who has been charged with a DUI and are concerned about the potential impact on your immigration status or reentry into the U.S., it is important to seek legal assistance. Consulting with an immigration appellate lawyer can help you navigate the complexities of your case and provide clarity on your situation. Reach out to a knowledgeable immigration lawyer to discuss your options and learn how to protect your status.