As you may already know that a DUI (Driving under the influence) accompanies serious consequences, the results are harsher for non-residents. An immigrant’s DUI conviction may result in determining the person inadmissible or removable in addition to the normal consequences of possible jail time, loss of driving privileges and fines.
Typically, there are various categories of DUI and each case is unique with differences in seriousness in the eyes of the courts. While one type of DUI may not affect immigration, the consequences may be severe in another. A simple DUI may be a first-time offense, which may not render a significant impact on the status of an individual’s immigration as a more serious DUI. A more serious DUI may involve reckless driving, an accident causing injury or death of another or a longer history of DUI convictions.
The nature of immigration proceedings an immigrant is passing through influences the impact of a conviction. For instance, the application may be denied when the person is seeking adjustment of status to permanent residency. Also, an argument may be made to have a person who has not been in immigration proceedings removed from the US.
A DUI can be the grounds for determining an immigrant being removable or inadmissible when it establishes a controlled substances conviction. It can occur when the convicted was under the influence of drugs rather than alcohol at the time of arrest.
In certain cases, a DUI conviction may result in the loss of job of the convicted individual. This may occur when the position involves driving, court time that affects duty hours or the conviction is contrary to the company policies. In addition, an immigrant may lose the visa when their status is based on employment.
A DUI can result in a negative discretionary factor with the loss of discretionary immigration benefits.