I’ve Been Charged with a DWI, does this mean I could be deported if I have a Green Card?

Prison

Being charged with a DUI or DWI is a distressing experience at the best of times but if you are an immigrant living in the USA it could have even more serious and life-changing consequences.

Like most states in America, Minnesota has a large population of immigrants from all over the world living and working here and, despite all being subject to the same laws, the result of a DUI or DWI charge could be different for a Green Card holder than a US citizen.

In regards to a DUI/DWI, the following could subject a Green Card holder to deportation:

  • An aggravated felony conviction
  • Committing a crime of moral turpitude within five years of admission
  • A conviction for a violent crime
  • Two separate crimes of moral turpitude
  • An offense that involves a controlled substance

The truth is, holding a Green Card doesn’t exclude you from removal proceedings and should you be convicted of a DUI or DWI, you could be subjected to removal proceedings as an immigration judge will have to determine if your offense is included under the grounds of deportability.

If this is the case then your Green Card could be taken away from you and you would then be removed from the U.S. and barred from entering the country for several years.

As with any legal proceedings it’s impossible to pre-empt legal proceedings or comment on individual cases and the outcome of your case will depend very much on your personal circumstances and any previous criminal convictions you may have.

And even if you are not deported, a DUI/DWI could present a number of problems should you leave the country and then want to come back at a later date under the laws addressing the “grounds of inadmissibility.”

What Should You do if You have been charged with a DUI/DWI

Of course, as for US citizens, A DUI or DWI is a serious offence and drinking or taking substances before getting behind the wheel should never be encouraged so to avoid the possibility of having your Green Card removed you should never drink and drive.

If you’re a US Green Card holder or you’ve been charged with a DUI/DWI, contact an experienced attorney today by calling Meaney & Patrin at 612-223-6595.