Many people make mistakes driving every single day. In some cases, the mistake may be as minor as a speeding ticket or accidentally rolling through a stop sign instead of coming to a full and complete stop. However, there are other much more serious driving mistakes that a person can make, including being charged with a DUI. Driving under the influence is a very serious crime, and it can affect the rest of your life. Unfortunately, if you are not a U.S. citizen and are hoping to adjust your status by applying for a green card, you will inevitably be faced with the question of whether you have been charged with or convicted of a crime. Thus, when a police officer charges you with a DUI, the first thing you should do is speak with a DUI attorney as soon as possible. They will go over the details of your case to see the best way to help you.
A police officer has charged me with a DUI. Is it still worth pursuing a green card?
Yes! One of the most important things you can do after an officer has charged you with a DUI is act quickly. That means calling our office and setting up your consultation immediately. There are certain crimes that a court will consider “inadmissible.” This means that if you commit a certain crime and are charged or convicted, a court would deny you of a green card. However, this can depend entirely on the court as well as the state you reside in. Attorneys can help you with this.
What does it mean to have a court convict you of a DUI?
Unlike a charge, when a court—or a judge—convicts you of a DUI, it means that they have found you guilty of that crime. In addition to the conviction, you will likely face additional punishments or penalties. It is important to speak with us about what the Immigration and Nationality Act says about the conviction of crimes.
Does a DUI conviction mean I have committed an inadmissible crime?
This will depend on a variety of factors. For example, when a court determines that you have committed a crime that makes you inadmissible, it typically involves a crime of moral turpitude. When you commit this type of crime, you must have committed it with intent. Thus, most people do not drive under the influence with intent, meaning a court will likely not consider it a crime that involves moral turpitude. On the other hand, if you committed other crimes in addition to a DUI, a court may say you are not eligible for a green card.
Applying for a green card is a positive and exciting step in your life, and if you were charged with a DUI the first thing you should do is seek help from a DUI attorney in Washington, DC. They will work hard to clear your name as you prepare your green card application.
Thanks to the Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and how a DUI can affect your green card application.