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DUI / DWI

immigration status

A DUI/DWI conviction is generally not a criminal offense that will lead to deportation of a legal permanent resident (green card holder)—but such a conviction may make it very difficult to become a naturalized U.S. citizen. This is primarily because “good moral character” is a requirement for U.S. citizenship.

And although a DUI/DWI is generally not a deportable offense, a DUI/DWI that (1) is an aggravated felony offense, (2) is related to the illegal use and possession of controlled substances (drugs), or (3) is a crime involving child neglect (which may include a DUI/DWI when there is a child in the vehicle) may be deportable offenses.

And if a person on a student visa—whether an F-1 (academic student) or M-1 (vocational student)—is arrested for DUI/DWI, the temporary, nonimmigrant student visa may be revoked.

In Texas, a DUI/DWI (Driving Under the Influence/Driving While Intoxicated) conviction is not typically a deportable offense for a legal permanent resident (green card holder). However, it can impact their ability to become a naturalized U.S. citizen since demonstrating 'good moral character' is a requirement for naturalization, and a DUI/DWI conviction could be viewed as evidence to the contrary. Nevertheless, certain circumstances can elevate a DUI/DWI to a deportable offense, such as if the conviction is for an aggravated felony, is connected to illegal drug use or possession, or involves child neglect, which can include cases where a child is present in the vehicle during the offense. For nonimmigrant visa holders, such as those on F-1 or M-1 student visas, a DUI/DWI arrest can lead to revocation of their student visa. It's important to note that immigration consequences of criminal convictions can be complex, and specific cases may require the advice of an attorney with expertise in both immigration and criminal law.


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