DUI and Deportation

  • By:DUI Blog

Many of my clients throughout my career have not been citizens of the United States, but rather green card or visa holders. Naturally, one of the most common questions of these clients is whether a driving under the influence charge will affect their immigration status.

Section 237 of the INA describes the crimes for which a noncitizen may be deported. Although, the INA does not specifically designate driving under the influence as a deportable offense, a DUI may fall within a category of crime that is deportable. The categories for which a DUI may fall under as a deportable offense according to the INA are aggravated felonies, crimes of moral turpitude, and controlled substance offenses.

Initially DUIs were considered crimes of violence and were therefore considered aggravated felonies for purposes of deportation. The United States Supreme Court has since changed the legal stance on this issue with its 2004 decision in Leocal v. Ashcroft. The Court, in its decision, focused on the lack of any specific intent to harm another in determining that a DUI is not a “crime of violence” and, thus not an aggravated felony. The Court also stated that a “crime of violence” is one that includes “a higher degree of intent than negligent or merely accidental conduct.” Therefore, a DUI conviction is not a crime for which a legal alien can be deported for.

Generally, a simple DUI is not a crime involving moral turpitude. Although vague, the term “moral turpitude” has been interpreted as shocking the public conscience or acts that are considered wrong by society’s standards. In determining whether a crime shocks the public conscience, the court will look to aggravating factors such as guilty mental state. As with DUIs falling into the category of “aggravated felony,” DUI do not require any specific guilty intent. If, however, the DUI is coupled with another offense that does require a guilty intent, the DUI could become a deportable offense. For example, if someone is arrested for driving under the influence while their license is suspended, it may be considered a crime of moral turpitude if the person knew their license was suspended and drove drunk anyways.

Many DUI cases involve driving under the influence of drugs rather than alcohol. Whether a DUI becomes a deportable offense depends on whether the drug causing the intoxication is listed in the Controlled Substances Act. The list of controlled substances is too comprehensive to list here. However, you can find the list here.

Posted in: DUI Laws, State Legislation


100 Responses to “DUI and Deportation”

  1. Ruby

    This is very helpful information!! My husband was charged and arrested in 2010 for DUI (misdemeanor B), hit and run and simple assault. Subsequently upon his release, we tried to call the courts on multiple occasions to get the status of his case, but each time they were unable to pull it up until finally they told that us there was no case as they couldn’t find it in the system and we therefore left it which is why We were surprised as one day while my husband was riding in the passenger seat while his friend the driver, got pulled over and as a result, my husband was booked into jail on a DUI warrant and then deported. My husband did not wish to stay in jail for a long period of time so he told me he signed a document (which I am unsure of what it is exactly) so that he may hop on the next flight back to Mexico.

    If a DUI is not a deportable offense, then can you still get deported for it? Even if there was o conviction? Can this deportation be voidable? We want to get him back into the country LEGALLY asap.



    March 16, 2013 - 5:41 pm #
  2. Jonathan

    Although I don’t know the details of the incident, it seems that your husband’s case was a little more serious than a simple DUI. It also involved hit and run and simple assault, both of which involve guilty intent. We also don’t know whether the DUI involved alcohol or one of the drugs listed in the Controlled Substances Act.

    I couldn’t tell you why the court was unable to find the case. It can be any number of reasons. Either way, a warrant was issued. We don’t know if the warrant was the only reason for the deportation. An experienced immigration attorney would be in a better position to explain your husband’s rights regarding the deportation.

    March 20, 2013 - 3:40 pm #
    • Summit

      I am a student in United states ,texas I voted dwi last year and right now I’m on probation ,I am just a immigrant came on student Visa to study,can I know that do I need to have a immigration lawyer.

      December 5, 2018 - 8:25 pm #
  3. Ale

    Indeed helpful information. My boyfriend just got convicted for his first DUI. He was in jail for about 15 hours until he was released. He has no drivers license and he is not of legal status. Also, while in jail he was asked to sign multiple papers. He has been receiving letters for lawyers, attorneys, etc. and we are both frightened for his fate on court date. He lives in Los Angeles and I am in desperate need to know if his felony will bring deportation?

    March 28, 2013 - 5:32 am #
  4. Jonathan

    Ale, first thing’s first. You should contact a highly skilled DUI attorney to first deal with the DUI charge. The Law Offices of Lawrence Taylor have consistently achieved favorable results for their clients, including outright dismissal of charges. A favorable outcome with the DUI case certainly won’t hurt his chances at staying in the country. However, other things need to be addressed.

    You do not mention whether the DUI arrest involved alcohol or one of the drugs listed in the Controlled Substances Act. You also mention that it was his first DUI which, absent other circumstances, is normally charged as a misdemeanor. However, later in your comment you refer to his charge as a “felony.” These are things that need to be evaluated by a highly skilled DUI attorney.

    April 3, 2013 - 5:46 pm #
  5. Kae

    What if it’s a DUI (alcohol) w/ probation? And does license suspension make it any worse or is that irrelevant?

    June 9, 2013 - 1:21 am #
  6. Devin

    Incredibly informative article Jonathan — many thanks.

    I’m gearing up to finally apply for citizenship and have been putting it off for quite some time because of the following:

    I’ve lived in the US for the past 24 years of my life. I haven’t even turned 29 yet so, this is pretty much my home. My dilemma that’s been keeping me up for quite some time is; an OWI3 Felony charge in Michigan. (Third DUI in less than 7 years. Yes, extremely irresponsible.) All three cases involved alcohol and nothing else. No driving on a suspended license, no hit-and-run, each time the probations and court-mandated classes were seen to completion. All three cases occurred in Michigan. At this point, I’m not sure what my chances of ever wiping the word “felony” off my record is, but seeing as how I truly was just negligent — albeit, incredibly so — and not of any intent for violence whatsoever, are chances still good for a semi-smooth process? Or should I seek counsel? I’m aware it may just come down to the simple fact of whether or not the interviewer’s opinion is all that matters, something I have no control over. But hopefully I’m losing more sleep over this than I ought to, (especially when the weightier crimes come to mind.)

    Thank you for reading my lengthy note. I stumbled upon your article and immediately began typing.

    June 26, 2013 - 11:47 pm #
    • Pat

      Can you please fill in into what the outcome was.

      February 26, 2015 - 12:28 pm #
      • Leticia

        Hi Devin – Can you let us know what the out come was?

        March 15, 2015 - 6:48 pm #
    • Celia

      What was the outcome?

      October 29, 2017 - 8:09 pm #
  7. paola

    My Q is my husband has a dui back in 2011 he serve 1month in jail. After he got out he was put in probation but heffailed to do it. After a year we try to fix the problem but he was arrested and sentence 1year of prison in a correctional center. After he finished his sentence in October immigration is gonna take him. What’s the chances of him been reported?

    July 10, 2013 - 7:46 am #
  8. Karen

    My uncle is undocumented.He has been caught with a DUI two times already and has been deported both times. Once with alcohol and possession of drugs and the other for drinking and driving and he had his 5 year old child with him. A week ago he was stopped because he was driving at midnight and didn’t have a shirt on. He was checked for alcohol and wasn’t found with any but the officer didn’t believe him and he was arrested and had a blood test done. Now he has a court date and he doesn’t want to show up because he fears that he will be deported again or go to jail.he is going to leave on his own. My question is that if he doesn’t show to court who will go get him, the police officers or immigration? If immigration goes to get him will they take his wife and is room mate that are undocumented too?

    August 18, 2013 - 3:43 pm #
  9. araceli

    Hello, my husband is currently in jail for a DUI and also has an immigration hold on him. As he tells me his sentence was supossed to end 08/29/13, well that was yesterday, and no one can seem to tell me anything, i called ice and they do not have him in their system yet, how long will he have to wait before being contact by someone from ICE?

    August 30, 2013 - 4:51 pm #
  10. Haydee

    Question- I was cited with a misdemeanor DUI on aug 18 and my court day is oct 15. My fam and I are traveling to Mexico on oct 2-6. I am a permanent resident, will I have trouble entering the us?

    Thanks to advise.

    September 6, 2013 - 3:49 pm #
    • tc

      I don’t think if that should be a problem. I had 2 DUI and I was traveling outside the US quiet a few. Sometime they might take you to the secondary inquiry though. I assume you have the 10 year green card. Let me know what happen to ur trip.

      January 7, 2014 - 11:40 am #
  11. Shawn


    I am a condtional permanent resident for 2 years, and my green card expired 3 months ago. I have applied to renew it to a 10 year one. My question is, last March of 2012, I was hit with a dui due to my alcohol level being 0.14.

    Will this hurt my permanent staus renewal?

    Many Thanks.

    September 25, 2013 - 1:51 pm #
  12. Mario majano

    Hello my name is Mario I’m a green card holder and I was convicted of a hit and run felony class 5 and I want to know if I can travel out of the country I was sentence to 12 days in jail and two years of probation I just finish probation and I completed everything that the court told me to my question is can I re-entry USA without any problem? And also can I ever became us citizen ?

    October 8, 2013 - 9:32 pm #
  13. Ramiro

    Hi there,

    My girlfriend recently got pulled over for her third DUI (irresponsible I know)
    She went to court today and we all thought she was going to be under house arrest
    For a few months. Appearantly that didn’t happen and she told me she might have to serve
    Two months in jail and my fear is, is that she might get deported. She’s a hard working woman who has a
    Job and goes to San Francisco state university. Can you tell me what might happen?
    Thank you for reading.

    October 15, 2013 - 1:29 pm #
  14. Raul Vasquez

    Hi ,
    My father recently crashed under the influence of alcohol i heard the crash was a bit severe but the only one injured was him. He was taken to the hospital with fractured ribs ,shoulder and ankle. After he was released out of the hospital he was taken into custody. We have no way to contact him no records of his arrest. We even went to to stations to ask for him but cant be found. I have heard that some stations don’t let contact to some individuals for 72 hours. My family is terrified at the moment and hiring private investigators and possibly even lawyers . My question is if he under the custody of ice or possibly deported by now. After taken int custody we have not yet be able to concat him or hear anything from him.
    plz help.. and appreciate your time for read this.

    November 3, 2013 - 9:01 pm #
  15. nancy

    My friend got stop for driving while intoxicated and is his 3 time and he already has 1 deportation what can his family do for them to not deport him?

    November 17, 2013 - 7:03 pm #
  16. Allan

    My Cousin was deported but came back to the US. He got pulled over and booked for DUI. This was his 3rd in his lifetime but the first since he came back to the state.

    He was punishied for 10 yrs that he couldn’t come back to the states but came back because of his wife and kids. He’s been here 9 yrs and only needed 1 more to complete the 10 year punishment.

    We are told that if we pay the bond before he gets sent to the County jail, where INS is at, he can be released.

    My million dollar question is that if this DUI be enough cause to have him be re-deported and if you know a very good lawyer for DUI and INS in Houston, TX

    Please HELP!!

    November 23, 2013 - 12:19 pm #
  17. nancy

    Hi…so my boyfriend got a second dui and is afraid he will be arrested and then deported. Can that be possible? He wasn’t that drunk but he was so sleepy and as he closed his eyes he went little pass the the line while being on a red light and a cop saw him and that how he got pulled over. I am real afraid because we have a newborn daughter and I really depend on him financially and I don’t want my daughter to be without her daddy. Both dui were in different city can that matter?

    December 29, 2013 - 11:52 pm #
    • tc


      I assume both times were just simple DUI (no accident or anyone injure), and he is a permanent resident. I have 2 DUIs and I’m permanent resident. They didn’t deport me but the time to renew my green card they might be a problem. Hope this help. Please let me know the outcome of ur case.

      January 7, 2014 - 11:45 am #
      • Rebecca

        I am wondering my boyfriend got a dui about 2 months ago and recently got in a car accident and didn’t have a license or insurance on the vehicle , ICE now has a hold on him and he is being deported , is there any way for me to get him home ! The only trouble he has ever been in is traffic , please someone tell me what I can do to keep him home !???

        Please help !!!

        May 19, 2016 - 2:56 pm #
  18. Eliza

    My dad got arrested last year on december 20 for a dui . He got arrested i tried bailing him out but i couldnt bcuz ice had him already. He did not sign no papers bcuz i wana get him out but I was wondering if he can get a chance to stay here with us he has 2 daughters one 4 year old and 2 twins who are 22?! Can they give him a chance to stay? This is his first dui. He has no criminal history? Someone helppp me he has court next weekk!?!

    January 29, 2014 - 8:34 pm #
    • maria olivares

      I was wondering what was the outcome for your dad? My dad is currently going through the same situation..

      January 15, 2017 - 11:43 pm #
  19. Mily

    my boyfriend got a DWI 1st ofender bac .08, he had a court he went his court was reschule because he did not have a layer. court was on oct.7 2013 he decidedto leave to mexico he was on a work visa it expiered on december 2013. he is now on a misdemeanor warrat in the state of tx. now my question is can he renew his work visa and go back to usa to work and get fix his problema with the law.

    February 11, 2014 - 2:00 pm #
  20. Irina

    Hello thank you for all the information, my boyfriend who is illegal was pulled over and charged with a DUI. He doesn’t have a license but does have a license number. When the police found him in the system they told him it was suspended. We don’t know how that could be but he is in the system. My question is will he have to leave the country? He didn’t go to jail when he got arrested he was sent to detox and then released the following morning.

    February 11, 2014 - 6:31 pm #
  21. cece

    Hi I’ve been having a green card since I was 10yrs old now I am 27 yrs old. I want to become a USA citizen but inthe year 2009 I got a dui , under the influence of alcohorun, driving with no license. It was my first time and last time I got in trouble . Can I still apply to become a USA citizen?

    February 19, 2014 - 11:56 am #
    • cece

      It was under the influence of alcohol, hit n run, n driving with no license.

      February 19, 2014 - 11:59 am #
      • Fernando

        Can you text me 310 906 8151 I have a similar case

        June 18, 2015 - 5:24 pm #
  22. Elizabeth

    Hi, I just recently got married and want to know about how long would it take for me to get my husband papers. He lived in the U.S. for 9 years and got a DUI(alcohol) he then left on voluntarily deportation and has not been back to the U.S since. It would really appreciate any info.

    March 7, 2014 - 10:29 am #
  23. Mariana

    Hello I married my husand in Mexico he came in the us in 2005 he got a DUI in 2007 went to jail next day he got out and the give he community service. But he don’t finish because he mother was very sick so he left back to mexico in 2008 and his been the since. Do you like he could get his rest. Card

    June 10, 2014 - 11:18 am #
  24. marlenis

    Hello my husband has had 2dwi and Been deported before. but recently he got his 3rd dwi and is afraid he will be deported again is there anything i can do to help him

    July 4, 2014 - 6:47 pm #
    • Pat

      Please let me know what was the outcome. I seem to be in the same situation right now.

      February 20, 2015 - 7:00 pm #
  25. janeth

    Hello my boyfriend had a dui for driveing under the infuence of alcohol its his first DUI and his first ticket.my question is whats gonna happend if he dont got papers whats the most possibility that would happend.he has court on the 13th of october,2014

    September 24, 2014 - 1:33 pm #
    • Evey

      Please let me know what happened to your bf? the same happened to me 2 days ago, It’s my first criminal matter ever, I got a DUI and did not hit anyone I was already parked but I guess a citizen called the cops because my tire was sparking because I got a flat, and they arrested me, my brother paid the fine and I have court in January, I am good person with 2 small children I just made a mistake, did he get deported? I’ve been here since I was 9 months old I have never been to my country or even have family there, I do not know what to do?!

      November 22, 2014 - 10:28 pm #
      • zee

        hey how’s it going so what did happened to you ? they deported you or no.. i wanted to know are you okay now and living good life in us

        October 13, 2016 - 1:31 am #
  26. Lucy

    Hello,I’m legal Mexican & I got arrested last Friday for dwi in Texas,I need to face court within next 21days,it’s my first time,they kept me in there for 15hrs.
    Could you tell me what could be the consequences? It was qualified as minor misdemeanor.

    September 29, 2014 - 1:30 pm #
  27. Irving

    In 2012 i got arrested for DUI and i dont know why but i for some reason told them to call immigration, i basically turned my self in, i never got the chance to present my self in court even after i didnt signed the deportation form, ice refused to give me my call, and told me that in order to get my call i had to sign against my will.. what can i do?? i grew up in illinois all my family is there.

    October 4, 2014 - 12:34 am #
  28. Evey

    Hello I got arrested Nov 20, 2 days ago, I did not hit anything, in fact I was already parked outside my home, but I got a flat tire and did not realize it so it was sparking a “concerned citizen” which later I found out my boyfriend told me was a off duty cop called the cops and they arrested me even though the car was not in motion anymore, I got taken to jail my brother paid the bond and now I have court on January 26, 2015, I am illegal here my mother brought me when I was just 9 months, I know nothing of my country, I don’t even have family there, I have 2 small children, I know I mad a mistake driving while intoxicated, I just don’t think I can enjoy these holiday’s with my children knowing it might be the last that I see them, is there a chance I can get deported? I’m 27 years old and it’s my first run in with the law. Please let me know. Thank You.

    November 22, 2014 - 10:35 pm #
  29. Sammy kat

    Can someone travel with 2dwi 1efelony

    December 11, 2014 - 3:14 pm #
    • lucky 317

      Well I let you know in future we on the same boat I mine expired in 6 months I have to renew it next month

      December 13, 2014 - 5:45 pm #
      • Jay36

        So what’s the outcome? How did it went? Cuz seems like I’m in that situation right now.. Going on a wedding in Oklahoma & I’m from Hawaii but I do have court in September…

        First DUI.(drinking&driving)

        February 29, 2016 - 10:49 am #
  30. Beatriz

    Hello. In 2007 i received my first DUi, I was in the process of becoming a citizen. Surely enough I was declined citizen ship shorty after for being on probation. I was wondering if I would have any issues applying for my citizenship again and if I would need to hire a lawyer.

    December 17, 2014 - 1:42 am #
  31. Jennifer

    Hello. My boyfriend is from Rwanda. He has been in the United States for 7yrs under Asylum. He recently got a DUI in New Mexico. It’s hi first offense & I’m worried he may be deported. Do you have any advice? Will he likely be deported for his 1st DUI offense?

    December 18, 2014 - 10:32 am #
  32. Juan

    I had recently been charged with dwi (misdemeanor) and two violations. My current immigration status is a legal non-immigrant (TPS) What are the chances of deportation to occur in my case?

    – Thanks

    December 20, 2014 - 8:08 pm #
  33. josh

    My wife was pulled over for DUI. She is undocumented and this is her first DUI. she has no license and according to the officer the reason she was pulled over was because of speeding. Also she does not know what she blew or what her BAC% was. What are the chances she can get deported even if she was married to me (US citizen)? she is afraid to get jail time and then get deported.

    December 24, 2014 - 12:08 pm #
  34. Hugo

    Last night my father got arrested due to a DUI but thats not his first time in 1994 he got arrested for the same thing also in 1996
    We have called the jail and thy said there isnt a bail set yet. Due to new laws is there a possibility that he can get deported?

    January 15, 2015 - 1:28 pm #
    • Jonathan

      Hi, Hugo –

      This being his third offense is certainly an aggravating factor and one that could be considered involving moral turpitude. I would contact a highly skilled attorney ASAP. The attorneys at Lawrence Taylor’s office have dealt with such situations before and may be able to help.

      January 16, 2015 - 6:26 pm #
  35. Juan Gonzalo

    I was recently involved in a DUI it is my first offense. Ive never had any trouble with the law. I am holding a work visa will this be grounds for deportation?


    January 26, 2015 - 6:51 pm #
    • Jonathan

      Hi, Juan –

      You should hire a competent defense attorney to fight the DUI charges ASAP. It is possible that if a defense attorney is successful in defending against the charges, it won’t affect your status. The attorneys at Lawrence Taylor’s office have been successful in such cases.

      January 28, 2015 - 12:13 pm #
  36. Laura

    A couple years ago my son was arrested for a DUI and a hit and run also. He has done everything to take care of the DUI (fees, classes, court hearings, etc.) A few months ago ICE came and got him, the same day we managed to get him out on bail. A lawyer that we spoke to said says that his only option is to get married to avoid deportation? Im having a hard time believing that that’s the only option. He got his license a couple months ago and he has been good since then. I know this is a serious matter as everyone knows but what could be his options?…. Thank you.

    April 11, 2015 - 2:45 pm #
  37. Yesi


    My cousin is here with a visa and just recently we got stopped as soon as we pulled up and parked into a store, the officer stopped my cousin and asked if he had been drinking they started the process of all the tears which he passed but at the end they did the breathalyzer which he got 0.09, they still took him in. Now my concern is will he be deported or will he have issues staying longer than what he planned on staying before his visa expires?

    Thank you,


    April 18, 2015 - 7:10 am #
  38. Era

    My Husband Just Got His First DUI On May 19 2015 he was bail out of jail he has court on the 1St of June his illegal In the USA and has a speeding ticket is this a reason for him to be reported back to Mexico??

    May 22, 2015 - 4:46 pm #
    • Ragin' Cowgirl

      .08 is legally intoxicated, and is grounds for DUI. Your cousin blew a .09. He was legally drunk and you whine because the police did their job?

      October 16, 2015 - 6:21 am #
  39. juan

    Hi i just got a dwi this friday at 2am on 6/12/15 no drugs just got stopped for speeding i was in county for a day i got ice hold so my wife paid the bond and i got deported sunday morning and i came back monday morning am in provetion i was going to finish in august 29 i still have to go to court. What are my chances of me going to jail again what can i do that is best i told my P.o what happened should i hire a lawyer or just get the one appointed to me by the court am fron pharr tx.

    June 18, 2015 - 8:39 pm #
    • Ragin' Cowgirl

      So you got deported on Sunday, and now you are back? Gee, and you border burglars wonder why Americans don’t like you.

      October 16, 2015 - 6:19 am #
  40. Tik

    I had a duo 10/09 & conviction date 03/12 with dui class/ 3yr probation/ pay restitution. I did all. I have had no problems with the law. I have been working ft and have maintained a good character
    I want to apply for citizenship and heard dui will be a problem and may cause deportation
    M very worried. Please help!!!

    June 21, 2015 - 11:41 am #
  41. Tik

    Sorry duo is dui in above post

    June 21, 2015 - 11:42 am #
  42. Camille

    My husband was convicted of DUI 07 but was deported he came back and in 2/2014 was arrested for driving without a license. He went to court and was sentenced 60 days for violation of probation for the 2007 case. He was going to be released today but ICE just picked him up. Can they do that? This would b his 3rd deportation if he does get deported

    June 26, 2015 - 10:51 am #
    • Ragin' Cowgirl

      Yup, they can… thanks be to God!

      October 16, 2015 - 6:16 am #
  43. Camille

    Sorry arrested od 2/15

    June 26, 2015 - 10:52 am #
  44. jennifer

    My brother (who is illegal) got arrested with a DUI (alcohol) while his license was suspended and was release 15 hours later. He was arrested a second time for not going to court or something (I’m not sure). He was supposed to go to a driving school, or something like that, after he was arrested the first time but he didn’t. He got arrested a third time with a DUI (alcohol) and a suspended license (again). Is it possible that might be deported?

    July 2, 2015 - 9:27 pm #
    • Reyna

      What ever happened to your brother

      September 15, 2015 - 11:16 pm #
    • Ragin' Cowgirl

      “Is it possible that might be deported?”

      God, I hope so…

      October 16, 2015 - 6:16 am #
      • Educated cowgirl

        Ragin cowgirl, aka bored racist with nothing better to do than thank “god” for other peoples misfortunes.

        September 11, 2017 - 9:28 am #
  45. Vianey

    My undocumented boyfriend got a DUI about 2 years ago..and was pulled over again about a year ago while intoxicated…he went to court and it was decided that he had to do time in work release, he ended up getting kicked out of work release and sent to jail due to the fact that he wasn’t able to urinate for a UA he had to do, he had another UA that came out deluded, and had forgotten to take out some pills from his assigned locker that he was told he had to have a prescription for and wasn’t allowed to keep a in work release..he is now currently trying to apply to get back into work release, but was told by 2 different attorneys that if he wasn’t accepted back into work release that there was nothing more they could do for him…and I am now looking to see if there is anything out there that we could possibly do, to prevent him from deportation or to get him out of jail sooner…if there’s anything that anybody knows about how we can fight this.. please please please let me know ASAP!!

    August 6, 2015 - 9:37 pm #
  46. Reyna

    Has anybody posted about a good outcome ?

    August 25, 2015 - 5:55 pm #
  47. Mr Garza

    I had 4 DUIs and sent to prison for a year term with a felony charges, on January 1 2009 I was deported to Mexico (I never had any type of papers to live in the states) although I leave in California most of my life, my deportation was for 10 years I believe. I had a good SS#, ID and driver license. Now, I have a great job in Mexico since then, BUT my whole family and my 2 kids (born in California) live there and would like to go visit some time… my question is; CAN I GET A VISITOR VISA?
    Thanks for the help.

    September 1, 2015 - 2:13 pm #
  48. Michelle Estrada

    I need help. What if my father just got a DUI during a car crash where he is at fault. He has to go to court in one month and I do not know what will happen. My father is in the US illegally and has already been deported before therefore I don’t know what his sentence would be.

    September 13, 2015 - 6:02 pm #
  49. Chris


    I am sorry to hear about your father’s situation. As far as the specifics of immigration law, I would advise that you try and consult with an Immigration Law attorney who specializes in deportation proceedings. That being said, I can try to provide some minimal guidance based on the limited information you provided…

    As you are probably aware, anytime a person is in the country illegally, then there is a possibility of being deported. There are, however, deportation proceedings/hearings available if the person elects to go through them, but many elect to go through “voluntary deportation”. If your father is in custody due to the DUI arrest, then ICE may put a “hold” on him while in the jail. This means that as soon as his criminal case is completed, the ICE officials will pick him up and transport him to ICE facilities for deportation proceedings. If ICE has not placed “a hold” on him, then once his custody time is completed, he will likely be released. If your father is already out of custody (which sounds like the probable scenario as you stated he has to go to court in a month), then it is very important that he stay out of custody (for the reasons stated above). Hopefully, the accident was relatively minor and nobody was injured. As long as your father doesn’t have a history of DUI convictions, and as long as there was only property damage, then he should only be looking at misdemeanor charges for DUI involving a collision. If he does have prior convictions, or if someone was injured, then it can be much more serious. It may be beneficial for him to consult with an experienced DUI attorney prior to Court to discuss the possible scenarios that he could be facing. Good luck.

    September 16, 2015 - 9:40 am #
  50. gaby

    I, have been in the US since 1998. One day I decided to drive in the influence of alcohol with my child 7years old. Had an attorney at that time, due to my immigration status TPS. My driver license and my TPS card were revoked. Meanwhile I continue my probation for two years and finished it. Now, I will like know if someone can guide me to the right path and inform me if I can get my citizenship card. I am current going to college, have three kids, and married to a veteran.

    October 5, 2015 - 12:54 pm #
  51. J

    My daughters live in boyfriend was arrest for duo, second arrest. And while in jail they found out he had 3 arrest warrants for duo, driving with a suspended license and not appearing in court. This last arrest was for duo and no license due to it being suspended. Both time he didn’t get deported. Don’t understand why. Is there a chance that when he goes to court ( is on bail after paying $3000 bond of a $30,000 bail) he will be deported?

    October 19, 2015 - 1:28 am #
  52. Linda

    My boyfriend is illegal & has been here for 17 years. He had 2 DUIs about 6-7 years ago. Two weeks ago he got stopped & arrested for no driver’s lic & no insur. I paid the bail & ICE picked him up & took him to Memphis, then to LaSalle in Louisiana. He is 49 years old, has a good job & has a legal bother that lives here. I guess my question is, is there any chance he will be able to get a bond? or will they automatically deport him because of the DUIs.

    October 23, 2015 - 12:30 pm #
  53. kelly

    Hi ,back on 2011 my husband was charge with dui under the influence of alcohol,they release himand give him a court hearing,but was unable to attend cause immigration have him in custody,he was deported for second time,and never when to the court for his dui.He’s here now and I want to know if he can fix his dui charges without going to court,or if the will put him in deportation again.?

    October 27, 2015 - 5:28 am #
  54. B

    My father recently got charged with his second DUI. He had his first DUI about 6 years ago. He was put in jail overnight, took some DUI classes, and had the ignition interlock device for about two years or more. My mother always was his transportation when he was drunk or he would call a cab. A friend let my father drive his car (the friend’s car) this time. He was pulled over for passing a stop sign. The police told him he wouldn’t have to go to court if he didn’t want to. I found my dad a good lawyer specialized in DUI’s. His license is currently suspended so he’s taking the bus and train to work. Just today he got a letter in the mail saying he will be arrested on his court date. So there is a chance he will go to jail. If he does, how does ICE work with DUI’s? Could my dad be deported? Will ICE take him? In the news in my state ICE has been raiding jails for serious crimes. Is this a serious crime? Equivalent to those serious crimes?
    Sorry this post is messy, I’m just really scared and stressed. Thank you so much.

    October 28, 2015 - 4:09 pm #
  55. Alexandra

    Hi I was recently pulled over for a dui I don’t have any criminal record I didn’t hit anything I just had a flat tire which is why I got pulled over I’m currently under the daca system what can I do to reduce the Dui sentence my bac 0.20 please help my court date is dec 7

    November 4, 2015 - 11:50 pm #
    • Yann

      What happens alexandra

      June 17, 2016 - 6:08 pm #
  56. Chas

    I have an wet reckless they call it in California I have section 8 in Sacramento, ca I’m trying port out and move to phoenix az will I get denied I was put on probation I’m off January 29 2016 it happened in 2013

    December 2, 2015 - 11:40 am #
  57. Evelyn

    My brother was taken away today by ICE at 7 in the morning due to his DUI he got 8 months ago but he already did his time so it is a bit confusing why would they take him now. ICE didn’t want to tell us where they were taking him but I need some advice on what to do. He is under the daca system too and it is his first DUI he has gotten. He has been here in the U.S. for 16 years already we are worry if he is going to get deported. Can you please give me some advice on what to do

    December 9, 2015 - 12:48 pm #
    • Deelo

      What happens to your brother

      January 23, 2017 - 3:23 pm #
  58. S H Sonmez

    I have got married in Aug 2013 and going to apply for Removal of Conditional Green Card which is 10 years.

    I have receive a letter from Immigration 90 days prior expiration, means i need to file my documents now or very soon!!

    Problem that i have, I got a second DUI in Jan 2nd 2016 ( 23152 (b) vc and Another Charge is Refusing Police Officer 148 ( a )

    I am going to plead on Mach 26th.. Both Charges are misdemeanor, my first offense of DUI was in ( june 2007 – during that time i was working on my O1 visa back then and did not impact my 0-1 visa process )

    Would it impact my 10 years of Green Card and could result as a denial and deportation, even do i am married with us citizen?

    April 5, 2016 - 6:54 pm #
  59. Kristy

    Hello, Im a U.S.A citizen, met my husband 6 years ago, got married 2 years ago and about 2 years we did 2 IVF treatments so finally got positive results with a beautiful daughter. Well last year i decide to go visit my mom with my daughter out of state, on the second day that i left my lovely husband went to a party got so drunk that he got charged for extreme dui. There were no accident involve. Well now that we are dealing with all this problems ..I found out this is his 2nd dui. First Dui happend in California (which you are allow to exponge) and the second dui here in Arizona. He is protected by TPS his renewal is on September 2016. Can i protect him from ICE? I cant work since im taking care of my daughter and i have a tumor growing in my body im so scared, what would happen if i go to surgery, who would take care of my daughter, who will pay our house, food … this is so stressful for me please help

    May 7, 2016 - 10:58 am #
  60. Lisa

    Hello there my question is ive been with my boyfriend for 8 years and im a us citizen born and raised here in united states, but my boyfriend is from mexico, we want to get married , but question is will he be able to get green card if hes had two DUI’s in the past? hes paid everything. he has no records saying he owes anything. or if we try to start paper work will he be send to mexico?


    May 10, 2016 - 10:06 am #
  61. Yann

    I’m in washington I got pull over last Sunday and got dui with 0.21 I went court on Monday they send me on trial for the 27 if I get convicted can ice take me
    I came with a tourist visa and overstayed I’m married to a us citizen but never have enought money to hire a lawyer
    And now I’m scared to lose my wife and her kids and it s my first dui and never had any tickets before

    June 17, 2016 - 6:41 pm #
  62. Amanda

    Hi my boyfriend got a dwi an deported to mexico any chance for him? This was in 2012 ( march)

    July 6, 2016 - 3:24 pm #
  63. Katherine

    My dad was pulled over for a broken tail light and then arrested for a DUI warrant that occurred 23 years ago and now being deported 5 years later after he did everything the judge told him to do can we somehow put a hold on it. He has no family in Mexico and all his kids are legal please help

    October 20, 2016 - 10:00 pm #
  64. Alfredo

    my dui situation, after a long legal process my criminal lawyer was able to get me a deal for an SIS probation for two years so I wouldn’t be convicted and the case would be closed after I finish my probation. My question here is if the SIS would affect me to renovate my visa and also since it is 2 year probation but I only have year and a half left on my visa what would should I do or what should I tell my criminal lawyer.

    October 24, 2016 - 8:14 am #
  65. Paul

    My question is I have a DUI last year and I am done with my community service and the classes.am yet to serve my probation but my green card is about to expire. Can a lawyer help me to apply for my citizenship or I have to wait. Since my card is expiring. Thanks

    November 13, 2016 - 12:58 pm #
  66. Petra

    I came to the US on a student visa but unfortunately due to financial difficulties I’ve been out of status for about 5 years now. I got pulled over and got my first DUI and was arrested about 1 week ago. After posting Bond I was out of jail 9 hours later. I hired a lawyer(not an immigration lawyer) who’s working on my case but now I’m reading here of the possibility of deportation since I’m out out of status. One person told me that after my case I’m due for deportation. In fact he said that ICE will be waiting for me outside the court room. Another person told me that as long as I win the DUI case I should be alright. Now I have a good lawyer and he has told me that my case prospect looks good because this is my first DUI and I have no prior record of anything other than a few speeding tickets in a seven-year period. I’ve been engaged to my u.s. citizen girlfriend for about 7 months and we were planning on a wedding in June. But now after all these rumors or facts I’m thinking of getting married before my court date due in 2 months. Honestly I did not want to hurry the wedding but I’ve become a little worried. Has anyone had a similar situation of a first DUI while out of status on their visa. What was the outcome? I would really like to know. Should I switch to an immigration lawyer in case of a bad outcome. Any help will be highly appreciated. Thank you

    December 28, 2016 - 10:44 pm #
  67. John

    I have one expunged misdemeanor DUI, and I am a Green card holder from 3 years now. No other criminal record.

    Will new executive orders have me deported ?

    January 27, 2017 - 4:48 pm #
  68. Veronica


    My brother would like to apply for US citizenship now. He has been a permanent US resident for a little bit more than 5 years. However, he had a DUI in 2014 and went to court for it; he had the charges dropped and instead went to a program for like ~200 hours. My question is would this affect the application for citizenship? Also, the court seem not to have any records under his name. I will appreciate your prompt response.


    Veronica C.

    February 3, 2017 - 5:50 pm #
    • Alex

      Hello, I’m in the exact situation as your brother and I’m wondering if he got any trouble and if he got his citizenship? Thank you!

      August 22, 2017 - 2:32 pm #
  69. Edie Gomez

    My husband has been deported 3 times. Twice for dui alcohol. Once for driving without a license. Will I still be able to petiton for him? Or is it a lost cause?

    February 11, 2017 - 10:44 pm #
  70. P

    In 2014 my brother arrested for dui convicted with “wet reckless”is he still going to deport for that?

    February 18, 2017 - 8:34 am #
  71. jessica

    Very helpfull information with so many things going on my fiance is in the process of fixing and last year he got a dui and took care of it but will this affect him? Will this affect him and cause him to be deported because it’s so recent?

    February 21, 2017 - 4:54 am #
  72. Bianca

    Hello í have just have my 1st dwi… and I have a automatically deportation and I would like to know if they can send me to my country thank you

    June 19, 2017 - 9:37 pm #
    • Bianca

      And this is my first ticket

      June 19, 2017 - 9:38 pm #
  73. Vrenda

    Hello I just got my first DUI this weekend. I am an illegal alien, recipient of DACA. I wanted to know if there is a chance I will be deported. This is my first offense ever.

    September 24, 2017 - 5:04 pm #