Hail a Ride for the Holidays

DUIs (and other driving under the influence of alcohol-related offenses) are a negative discretionary factor for immigration when reviewing your eligibility for a particular benefit, like an application for a green card.  Immigration agencies may decide to deny an application based on that criminal history.

A single DUI makes a DACA recipient ineligible for a renewal of that benefit, and may result in a revocation, meaning having your DACA taken away.  Two DUIs may make you unable to show “good moral character” for certain benefits that require it, like applying to become a U.S. citizen (naturalization) or applying for Cancellation of Removal in immigration court.

We encourage everyone to hail a ride for the holidays.  But non-citizens may suffer particularly harsh consequences from this type of mistake and need to be proactive in protecting their options and status in the U.S.

If you are non-citizen and are charged with a DUI or any other crime, make sure to speak with a knowledgeable immigration attorney before pleading guilty to any offense (this includes for a deferred judgment even if ultimately dismissed).  There may be immigration consequences associated with criminal convictions that are not intuitive.  Smith Knudson is here to help.