In most cases, a drunk driving conviction will not prevent you from getting approved for a Permanent Resident Card, known as a Green Card. However, it could make the application process more complex and require you to explain the details of your arrest and conviction to the interviewing officer.
If you face driving under the influence charges in Montgomery County, PA, our DUI defense lawyer in Montgomery County from McKenzie Law Firm, P.C., may be able to help you avoid a conviction. We can offer legal advice, explain your options, protect your rights, and advocate for you throughout the criminal justice process.
How Could a DUI Conviction Affect a Green Card Petition?
A first-offense DUI conviction could affect one component of your application. Still, it usually will not result in a denial or cause a significant problem getting a green card if you have a DUI. Subsequent convictions or those that involve a substance besides alcohol could be more serious.
According to U.S. Citizenship and Immigration Services (USCIS), there are several offenses that will likely prevent you from receiving Permanent Resident status in the near future. This includes:
- Crimes involving controlled substances
- Crimes of moral turpitude (CMTs)
- At least two crimes that led to incarceration of more than five years
- Two or more convictions for driving under the influence
Most of the time, an initial DUI charge and conviction will not meet these criteria, and you can still receive your Green Card. However, it could affect your petition in the following ways:
Good Moral Character Requirement
To get a Green Card if you have a DUI, you must demonstrate good moral character. A single DUI conviction might not disqualify you, but it could raise concerns about your character. This is especially true if you have other questionable actions on your record or if you caused a crash, property damage, or injuries. Immigration officers may scrutinize your application closely because of your DUI.
Criminal Record Review
A criminal record review is part of the Green Card application process. A DUI conviction will show up in this review and will likely lead to additional questions about the circumstances and outcome of the case.
You May Require a Waiver
If your DUI conviction meets certain criteria, you may need a waiver to obtain a Green Card. This generally occurs when the conviction is for a crime of moral turpitude (CIMT) or an aggravated felony. Getting a waiver is not easy and often requires showing significant rehabilitation efforts.
Delays in the Process
A DUI arrest could lead to delays in processing your application. Immigration authorities have discretion in evaluating applications, and they could choose to wait to see the outcome of your DUI case before determining your eligibility for Permanent Resident status.
Effect on Your Interview
If you are seeking Permanent Resident status or applying for another adjustment of status, an interview may be necessary. During this process, you will likely need to answer questions about your DUI conviction for immigration officials. You should prepare to explain the case honestly, show that you have learned from it, and provide any necessary documentation.
Avoiding a DUI Conviction Will Benefit Your Green Card Application
When you petition for a Green Card, you must disclose any arrests or charges you’ve faced. This includes your DUI charges, regardless of the outcome of the case or if it is still pending. Failure to do so could lead to allegations of misrepresentation. These accusations could be more damaging to your application than the DUI charges.
Still, it is best to avoid a drunk driving conviction when considering becoming a Permanent Resident or while navigating the Green Card application process. While you should always be transparent about your criminal history when applying for a Permanent Resident Card, this is easier when you do not have any convictions to discuss.
For this reason, you should consider working with an experienced criminal defense lawyer after a drunk driving arrest.
Working With a DUI Lawyer to Fight the Charges You Face
While a first-time drunk driving conviction likely will not prevent you from getting your Green Card if you have a DUI, it is crucial to minimize the effects your arrest has on your life. You want to mitigate any problems this could cause with your immigration status from the first day.
One of the best ways to do this is to work with an attorney who defends DUI charges regularly. They will know how to get a more positive outcome for you, which could include taking steps to:
- Reduce the charges to a traffic violation
- Qualify for the Accelerated Rehabilitative Disposition (ARD) program for first-time offenders
- Reduce the penalties you could face if convicted
- Clear your name
- Prepare you to explain the charges and/or conviction during the Green Card process
You do not have to navigate this process alone. A criminal defense attorney knowledgeable about DUI laws and the criminal justice process can make handling your arrest, charges, and court appearances easier.
When Should You Hire a Drunk Driving Lawyer?
The earlier you contact our DUI defense lawyer about your case, the better. Sometimes, we can stop charges before they occur or present strong evidence early that sets the tone for the rest of the process.
When your Permanent Resident Card could be in jeopardy, you must take the allegations against you seriously. Having an attorney manage your legal strategy and defense from the start offers peace of mind.
Discuss Your DUI Arrest With Our Criminal Defense Lawyer
If you were arrested for drunk driving or face DUI charges in the greater Philadelphia area, our criminal defense attorney from McKenzie Law Firm, P.C. is here to help. We will review your case and discuss your options during your initial confidential consultation.
Contact us today to get started.
