A conviction for driving under the influence (DWI) or driving while under the influence (DUI) can have serious immigration consequences for non-U.S. citizens. A DWI conviction is considered a criminal offense and can make an individual inadmissible to the United States, which means they may be denied entry or be deported if they are already in the U.S.
Under U.S. immigration law, criminal convictions can make a person inadmissible. Therefore, a non-citizen with a DWI conviction may be denied a visa to enter the U.S. or, if they are already in the U.S, they may be placed in removal proceedings. The immigration consequences of a DWI conviction can vary depending on the specific circumstances of the case and the individual's immigration status.
For example, a non-citizen with a green card who is convicted of a DWI may be placed in removal proceedings, while a non-citizen who is in the U.S on a temporary visa may be denied reentry if they leave the U.S and try to return.
If a non-citizen is convicted of a DWI and placed in removal proceedings, they may be able to apply for relief from removal such as Cancellation of Removal for Non-Permanent Residents or apply for a waiver of inadmissibility. However, these reliefs are not guaranteed and the process can be difficult, time-consuming, and expensive.
It's important for non-citizens to be aware of the potential immigration consequences of a DWI conviction and to consult with an immigration attorney who can advise them on their best course of action.
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