How a DUI Can Influence Your Immigration or Naturalization Case

DUI, or driving under the influence, is one of the most common criminal issues that I’ve seen from my clients. It goes by many names throughout the US: Driving While Intoxicated (DWI), Operating While Intoxicated (OWI), and Operating a Vehicle Impaired (OVI). All of them describe a very common criminal scenario of getting pulled over while intoxicated. Many clients who get arrested for DUI have never had any other law enforcement contacts, and they are now terrified of what a DUI could do to their immigration case.

Starting off with the good news, a great deal of clients who have a DUI arrest on their records are able to achieve their goals – citizenship, green cards, asylum, etc. 

The not-so-good news is that immigration priorities and policies around DUIs are shifting; there are many politicians who are trying to make a DUI a deportable offense. Thankfully, current immigration law isn’t so tough on DUI offenders, but there are still a few things to look out for.

Good Moral Character

If you’re applying for citizenship, trying to get cancellation of removal in immigration court, applying for VAWA, or getting a green card through a T visa, you very likely will be required to show good moral character for a certain period of time in order to be approved. For citizenship applications, this period of time is generally 5 years from the time of filing the Form N-400, and the applicant will need to show that they have good moral character in this period in order to become a US citizen. For those seeking to get non-LPR cancellation in immigration court (a defense from deportation), the good moral character period is 10 years. For VAWA, a status reserved for those who are survivors of domestic violence from US citizens and green card holders, the term is 3 years.

Generally, immigration authorities would look at the date of a DUI conviction to determine if it’s within the good moral character period. That means if you’re applying for citizenship and you had a DUI conviction in the last 5 years, it is something that immigration authorities can consider in making their decision. Worse yet, if you’ve had two or more DUI convictions in the good moral character period, an immigration officer will presume that you lack good moral character. This puts a higher burden on the citizenship applicant to show that despite the DUIs, they were still a civic-minded, productive, and upstanding member of society during this time – basically that these DUI convictions were a fluke.

Even one DUI conviction can make it possible for an immigration officer or judge to deny an applicant protections under VAWA or cancellation of removal. Especially when it comes to cancellation of removal, the odds are often stacked heavily against the non-citizen with a DUI who is hoping to avoid deportation. Without other proof of good moral character by the applicant, not just rehabilitation from the DUIs, a single drunk driving conviction can stymie an otherwise approvable case.

Discretion

Some immigration benefits and protections are what they call discretionary, meaning that immigration officer or the immigration judge can consider a number of factors outside of basic eligibility to determine whether an applicant is approved or denied. Asylum and most green cards are discretionary immigration benefits. If an applicant for asylum or a green card shows that they are eligible to be approved for that benefit, their criminal history is considered as a factor in discretion. In these cases, a single DUI conviction might be the sore thumb that causes a case to be denied, even if it is the only blemish on the applicant’s clean criminal record. Good immigration advocates will provide additional evidence of the applicant’s good qualities (solid employment, family in the US, community involvement, etc.) as a way of balancing the negative effects of a DUI conviction.

In May 2026, USCIS published a policy memo reminding green card applicants and their attorneys that they have the power to deny green card applications based on discretion. This is more than a hint from the immigration authorities; the government can and very likely will deny a case with a DUI conviction based on discretion without anything positive to balance it out.

Probation

Many DUI convictions involve some amount of probation, during which time the criminal case is technically still open until the period of probation has ended. For citizenship applicants, USCIS will not approve any N-400 application if the person is still on probation. Even if the applicant can show good moral character, being on DUI probation will cause a naturalization case to be denied as a matter of policy. This strict rule doesn’t apply to green card applications, asylum, or other immigration benefits, but applicants who are still on probation for a criminal offense may face delays and requests for additional evidence in order to be approved.

Aggravated DUI 

Simple DUIs are generally not considered serious crimes for immigration purposes, but a more serious DUI charge that involves controlled substances, serious injury, or death could be another story. Since every jurisdiction has different laws relating to more serious “aggravated” DUIs, an immigration attorney will need to research how an aggravated DUI conviction would affect a potential immigration or citizenship case. Even if a DUI conviction is not considered a felony in state criminal court, the length of the jail sentence and the language of the statute might make it a bigger issue in immigration terms.

Not all criminal defense attorneys who handle DUIs are familiar with immigration consequences, so it's generally recommended that non-citizens consult with an immigration attorney before accepting a plea deal in any DUI case. Immigration law is incredibly complex and fast-paced; don’t assume that your criminal defense attorney is aware of the risks if you’re not a US citizen.

Expungement

After a DUI sentence is completed, there are often options for post-conviction relief – one of which is called expungement. In most cases, this involves going to criminal court to ask a judge to seal the records of your case and to change the status of the case to “dismissed.” Expunged convictions typically do not show up on background checks for most private employers, and it is a sign from the criminal court that you have been rehabilitated. The criminal court or defense attorney may advise you that you do not need to mention an expunged conviction to future employers. While this might be true for non-government job applications, the immigration authorities will always be able to view your DUI conviction.

The most common forms of expungement are not effective to remove a DUI conviction for immigration purposes, and immigration applicants with expunged convictions can land in trouble if they choose to answer “no” when asked if they had been convicted. Make sure to speak with an immigration professional about how you should include information about a DUI conviction, even if you have been told it’s been expunged or sealed.

Bottom line, knowledge is power. Even if you’ve already finished your DUI probation, knowing your risks and your options will only help you in making your immigration decisions.

For over a decade, I have represented immigration clients with DUIs and other criminal issues, and I can assess and advise for even the most serious criminal histories. If you’re interested in knowing what options are available in your case, schedule a consultation.