The United States Citizenship and Immigration Service (USCIS) is initially responsible for determining the immigration consequences of your DUI. The USCIS may find a DUI conviction to be a crime involving moral turpitue (CIMT) or a violent crime. Such a finding can lead to inadmissibility to the US, deportation from the US, denial of a green card during the adjustment of status process or a finding of lack of good moral character during the citizenship process. USCIS conducts FBI background checks during certain stages of the immigration process. Thus, it is not wise to lie about or omit a DUI conviction in your immigration paperwork as this could lead to a misrepresentation charge.

When considering the consequences a DUI will likely have on a client’s case, it is always necessary to explore the need for rehabilitation at a treatment center. Enrolling in an addiction treatment center is often desirable when the immigration officer has discretion to decide your eligibility for an immigration benefit or you are required to file a hardship waiver due to the DUI.

Generally, a single misdemeanor DUI (typically one which doesn’t involve bodily injury or death) is unlikely to have insurmountable negative consequences for an alien already in the US or hoping to come to the US. However, that does not mean that the immigration office will see your DUI as “no big deal.”

A crime involving moral turpitude is a ground of inadmissibility to the US and could result in deportation, denial of a visa or green card, or denial of entry into the US at a port of entry. Although the situation sounds dire, it is possible to waive this ground of inadmissibility with an immigration hardship waiver. In order to be considered a CIMT, a violation of a law must require that the offender had the necessary intent. Most states’ DUI laws have no intent requirement; you are either driving under the influence or not. However, certain aggravating factors, such as driving without a license, can turn a simple DUI into something more serious.

Aggravated felonies are another class of criminal convictions that can make someone deportable or inadmissible to the United States. Whether or not any type of criminal conviction (even a misdemeanor) is an aggravated felony for immigration purposes depends on how USCIS interprets the underlying criminal activity in relation to federal, not state, law. These crimes are usually violent in nature or are of a specific type and the sentence for which is a year or more in jail. Clients who incur multiple DUIs run the risk of becoming aggravated felons in the eyes of US immigration officers, especially when the combined sentences could result in jail time of more than a year.

When it comes to citizenship, everything a green hard holder does during their required period of residence is evaluated when it comes to deciding whether or not the applicant has the good moral character necessary for becoming a US citizen. In fact, officers can consider an applicant’s entire criminal history when conducting the evaluation. While you cannot be approved for citizenship while still on probation, sometimes it is wise to wait for an additional period of time after end ends before applying for citizenship so that the applicant can show good moral character from the time the probation ended. Another strategy is to show a commitment to safe and sober driving by enrolling at an addiction treatment center. A naturalization attorney can help decide the best strategy for your particular case.

Another area of concern for those convicted of DUI arises when the client must file a waiver of an inadmissibility bar. Even if the DUI itself did not trigger the bar, USCIS officers are permitted to investigate and consider an applicant’s entire background when making the waiver decision. For instance, for a 601 waiver, the applicant must show that his inadmissibility to the US would pose an extreme hardship on a US citizen or lawful permanent resident spouse or parent. However the analysis does not end at the hardship determination. The officer is further obligated to balance the hardship against any aggravating factors (such as criminal history) and with any mitigating factors (such as voluntary enrollment in an alcohol treatment center or other acts showing rehabilitation).

Finally, for those with multiple DUI convictions, care must be taken when attending any sort of immigration medical exam. At the exam, a doctor or psychiatrist is permitted to inquire about drug or alcohol issues, especially if there have been multiple DUIs. If the medical professional feels that the alcohol issue is serious enough, her or she could cause the applicant to be considered a habitual drunkard and, thus, not admissible to the United States.

Millie Anne Cavanaugh, Esq. is a Los Angeles immigration lawyer and former insurance defense attorney. She is licensed to practice law in California and Massachusetts. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.