How Can a DUI Affect Your Immigration Process?

Hello my friends, this is attorney Maria Mendoza, in the immigration field, having a DUI (driving under the influence of alcohol or drugs) can significantly affect your immigration process in the United States. Depending on several factors, a DUI could complicate your immigration procedures. In this blog we will analyze how a DUI can affect your chances of regularizing your immigration status and what to expect if you find yourself in this situation.

Determining factors in DUI and immigration cases 

There are two factors that play a critical role in how a DUI could affect your immigration proceedings: The age of the offense and the number of accumulated violations.

Age of DUI 

One of the most important factors that immigration officers consider is when your DUI occurred. If the offense is recent, it could complicate your paperwork, since many immigration processes require proving good moral character. However, if the DUI occurred more than a year ago, it could make your case more complicated.

 

Accumulated DUIs on your record

Another important consideration is the number of DUIs you have on your record. A single DUI, or even two, may be manageable in certain cases, but if you have three or more, proving good moral character becomes a considerable challenge. This is especially true if you are facing proceedings in immigration court, where judges are particularly strict in their evaluation of these types of records.

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DUI and U.S. Citizenship 

For legal residents, obtaining U.S. citizenship requires demonstrating five years of good moral character, or three years if you are married to a U.S. citizen. If you have a recent DUI, this could delay or complicate your application. However, although it is difficult, it is not impossible. Each case is different, and the advice of a specialized attorney is essential to develop an effective strategy.

You may also be interested in:Exploring the I-601A Waiver: An option to regularize your immigration status

I-601A Immigration Waiver and the Risk of DUI

The immigration waiver process under the I-601A form usually involves an interview at a consulate outside the United States, which can become extremely risky if you have one or more DUI violations. Ciudad Juárez, one of the strictest consulates regarding immigration, can deny you entry back into the country. For this reason, it is not recommended to follow this process if you have recent DUI convictions, as the risk of being disbarred is high.

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DUI and Immigration Courts 

While it is possible to win immigration cases with a DUI record before the United States Citizenship and Immigration Services (USCIS), the situation changes dramatically when it comes to convincing an immigration judge, especially if you are in a jurisdiction where they are very strict with cases or if you are in an immigration detention center. If your record includes one or more DUIs, you could be facing an extremely complicated situation. In these circumstances, the age of the DUI and the number of violations are critical factors that the judge will take into account in determining the outcome of your case.

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VAWA and DUI Visa Cases 

You can obtain positive results despite having a DUI record if you apply for the VAWA Visa, in this case it will be necessary to demonstrate that you had three years of good moral character; however, it is necessary to take into account 2 factors:

• The age of the offense: If the DUI occurred a long time ago, it is possible to argue that you have rehabilitated your moral character. Additionally, if you can show that the offense occurred during a time of emotional or psychological abuse, this could be used as an argument to soften the perception of the DUI in the eyes of immigration authorities. 

• The number of violations: Having one or two prior DUIs does not necessarily prevent you from winning a VAWA case. However, if the violation is recent, it can significantly complicate your chances of success.

You may also be interested in: How does the VAWA visa work?

Having a DUI on your immigration record can complicate your case, but it is not always an insurmountable barrier. Factors such as the age of the offense, the number of violations, and an appropriate legal strategy can make the difference between a successful case and a failed one. The most important thing is to have an experienced attorney who can effectively guide you through this complex process. If you are facing an immigration process and have a DUI record, do not lose hope. At The Mendoza Law Firm, for more than 14 years we have helped numerous clients regularize their immigration status. If you or someone you know is going through this situation, contact us.

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