A DUI (Driving Under the Influence) arrest can be terrifying, especially if you’re a green card holder, visa holder, or immigrant applying for permanent residence.
The good news? A single DUI doesn’t automatically mean deportation or green card denial. But depending on your case especially if injuries, drugs, or repeat offenses are involved it can create serious immigration consequences. At The Messersmith Law Firm, we’ve helped immigrants protect their green cards and status after DUI arrests by working closely with both immigration and criminal defense counsel.
Can a DUI Affect My Green Card?
Yes a DUI can affect your green card application or status, depending on:
- The facts of the arrest (alcohol level, injuries, or drugs)
- Number of offenses
- Type of immigration benefit you are applying for
- How the case was resolved in court
While one minor DUI conviction may not automatically make you inadmissible or removable, it can trigger extra scrutiny by USCIS, ICE, or the immigration court.
How USCIS Views DUI Offenses
In recent years, USCIS has taken a much tougher stance on DUI related cases especially under the Trump and post Trump enforcement guidelines. Common USCIS concerns include:
- Moral character issues — DUIs can be viewed as evidence of poor moral character, especially for citizenship (N-400) applications.
- Criminal grounds of inadmissibility — DUIs involving drugs, injuries, or multiple offenses may trigger INA §212(a)(2) grounds.
- Public safety and national interest — USCIS may deny adjustment of status if the DUI raises public safety concerns.
When a DUI Can Cause Immigration Problems
Not all DUIs are treated equally. Here are situations where a DUI can threaten your green card:
1. DUI with Controlled Substances
If drugs (not just alcohol) are involved, you may be deemed inadmissible under INA §212(a)(2)(A)(i)(II) for violating a controlled substance law even without conviction.
2. Multiple DUI Offenses
Two or more DUI convictions can indicate a habitual problem, causing USCIS to question good moral character.
3. DUI with Serious Injury or Death
If your DUI caused injury or death, it could be charged as a felony or crime involving moral turpitude (CIMT) both serious for immigration.
4. DUI During Pending Immigration Application
If you are waiting for a green card, adjustment of status, or naturalization, a new DUI arrest may cause delays, RFEs, or denials until the case is resolved.
5. DUI and Immigration Detention
Immigrants with pending criminal charges especially those without lawful status risk being detained by ICE after a DUI arrest.
Can I Still Get a Green Card After a DUI?
Yes but a DUI can seriously complicate your green card process, and how you respond right now can make the difference between approval and denial. USCIS and US consulates increasingly treat DUI arrests and convictions as potential signs of inadmissibility, especially if alcohol abuse, multiple incidents, or injury to others are involved. Even a single DUI can trigger additional background checks, medical exams, and delays in your case.
If you’ve had a DUI and are applying for adjustment of status or consular processing, don’t take chances. A misstep in your response or medical documentation can result in denial or permanent inadmissibility.
DUI and Green Card Renewal or Citizenship
If you already have a green card a single DUI will usually not affect renewal but if you apply for naturalization, USCIS may find you lack good moral character especially if the DUI was within the 5 year statutory period before applying for citizenship.
DUI and Waivers Under US Immigration Law
If a DUI triggers inadmissibility due to drug involvement or moral turpitude, you may still be eligible for a waiver under:
- INA §212(h) – For certain crimes of moral turpitude
- INA §212(d)(3) – Nonimmigrant waiver for temporary visas
- INA §212(a)(9)(B)(v) – For unlawful presence combined with a DUI
Frequently Asked Questions (FAQ)
Q1. Can I be deported for a DUI?
You can be detained or placed in proceedings if you have multiple DUIs, felony DUI, or DUI with drugs or injuries.
Q2. Will a DUI affect my green card interview?
Yes. USCIS will ask about any arrests or convictions.
Q3. Can I travel outside the US after a DUI?
If your DUI makes you inadmissible under immigration law, reentry could be denied.
Q4. Can I apply for a green card with a pending DUI case?
It’s risky. USCIS may delay or deny your application until the criminal case is fully resolved.
Get Legal Help After a DUI — Protect Your Green Card Today
At The Messersmith Law Firm, we’ve successfully helped clients overcome DUI related immigration challenges and secure their green cards. We know how to present your case in the best possible light under immigration law. A DUI doesn’t have to end your American dream but you must act fast. We will analyze your case and develop a plan to protect your green card and immigration future.
Email: info@messersmithlaw.com
Call: 305-515-0613
Visit: www.messersmithlaw.com
Schedule your confidential consultation today to get legal help after a DUI.