If you’re not a U.S. citizen, a driving under the influence (DUI) conviction in Virginia can trigger serious immigration consequences. Depending on your current status and the circumstances of the charge, you could face application delays or denials, issues with green card renewals, or even removal (deportation) proceedings.
Immigration officials assess criminal convictions—especially those that raise public safety concerns—when evaluating applications and renewals. A single DUI might not seem severe, but certain factors can elevate it into a significant barrier for non-citizens trying to live or stay in the U.S.
U.S. immigration law declares that a person convicted of certain criminal offenses becomes legally deportable. You are convicted if a judge or jury finds you guilty or you plead guilty, including if you accept a guilty plea.
Crimes that justify deportation generally fall into two categories: “crimes involving moral turpitude” (CIMTs) and aggravated felonies. Federal immigration law defines what an aggravated felony includes, while CIMTs are notoriously vague. While DUIs generally aren’t considered aggravated felonies, they can be CIMTs.
By definition, CIMTs include crimes against people or property involving:
Unfortunately, that broad definition means even immigration lawyers can disagree about what is and isn’t a CIMT.
The effect CIMTs have on noncitizens depends on their immigration status. A CIMT makes a noncitizen deportable if it’s punishable by incarceration lasting a year or longer. A CIMT makes a green card holder deportable if the conviction occurs within ten years of their entry to the U.S. and makes other noncitizens deportable if it occurs within five years.
In Virginia, a first offense DUI is a Class 1 misdemeanor, punishable by a fine and potential confinement, depending on the driver’s blood alcohol content (BAC). So, Virginia law doesn’t make a first DUI a CIMT.
Yet, the following aggravating factors may make a DUI into a CIMT:
A second offense DUI is punishable by between one month and one year in jail, and subsequent offenses bring more severe punishments, increasing the likelihood they will be considered CIMTs.
Noncitizens who want immigration status in the U.S. typically submit applications to U.S. Citizenship and Immigration Services (USCIS). The USCIS officer reviewing the application considers whether the applicant is “admissible” or “deportable” and may deny applications from noncitizens who are.
A noncitizen with a green card who wants to apply for naturalized citizenship must generally convince USCIS that they have “good moral character” (GMC), which, like CIMTs, involves its own immigration-law-specific meaning. Generally, the noncitizen has to show they’ve had GMC for the past five years. Notably, if the green card holder got their green card based on marriage to a U.S. citizen, the GMC period is limited to three years.
In relevant part, a person lacks GMC if, in that three- or five-year period, they were convicted of:
A “habitual drunkard” also lacks GMC, though what qualifies may be up for debate.
Green card holders convicted of an offense that makes them deportable may also run into trouble when they try to renew their green cards. Particularly, you run the risk of alerting the federal government to crimes it was previously unaware of. In serious cases, such as having several DUIs, alerting the government can mean it initiates removal (deportation) proceedings.
To receive almost any type of immigration benefits, like a green card or a temporary work visa, the applicant must not be “inadmissible.” You are inadmissible if you have committed a CIMT or a crime related to a controlled substance, in the U.S. or abroad.
USCIS officers have the discretion to deny applications based on concerns about the noncitizen’s past or potential future conduct. A DUI conviction—especially one involving drugs, injury, or a second offense—can raise serious concerns on an application for immigration benefits. The reviewing officer may interpret it as evidence of poor judgment or risky behavior, decide the applicant’s presence would negatively impact the U.S., and discretionarily deny the application. Officers are tasked with assessing not just what happened but also what it suggests about the applicant’s reliability and future conduct. You may be able to appeal a denial.
In some cases, applicants may be able to secure benefits, despite a conviction, if they convince the USCIS officer they have learned their lesson. They may need to provide additional records, including certified court documents, proof of completed treatment programs, and letters of support from employers or community leaders.
A DUI conviction can impact an immigrant’s ability to reenter the United States after traveling abroad. When you enter the U.S., you are required to pass through Customs. Even if you hold a valid visa or green card, Customs and Border Protection (CBP) officers have the authority to pull you aside to review whether you should be allowed to enter the U.S. if your criminal record includes alcohol-related charges.
CBP officers can cancel temporary visas before the visa holder even enters the U.S. if they determine the visa holder is inadmissible based on criminal convictions. CBP’s determination may even contradict USCIS at times. Then, since the noncitizen no longer holds valid immigration status, CBP may send them away. If the noncitizen wants to return, they may be able to appeal the cancellation, but they may be required to apply for a new visa. USCIS may consider the denied entry when deciding whether to issue a new visa.
If you have a green card, CBP generally does not immediately cancel it, even after flagging you and stopping you at the border. Depending on the specifics of your criminal history, however, CBP officers may hold you in their custody for a period of time and refer you to immigration court to face removal proceedings, especially if the DUI involved drugs or injury or if you have multiple convictions.
In both cases, it’s vital to consult an immigration attorney before international travel if you have a DUI conviction, as reentry is never guaranteed when criminal history is involved.
Criminal defense and immigration matters often overlap because crime is a leading reason for deportation, particularly when the presidential administration makes immigration enforcement a high priority
Immigration enforcement can also bring complications. Officers who make a DUI arrest in Spotsylvania County, for example, may share the fact of that arrest with Immigration and Customs Enforcement (ICE) or CBP even before a conviction occurs. Immigration officers may place a hold on the noncitizen, ordering the local government to surrender the noncitizen to their custody at some particular time, and initiate deportation proceedings. These proceedings sometimes continue even if the noncitizen is never convicted.
Ultimately, every stage of the immigration process—visa approval, green card renewal, or citizenship application—requires, or at least permits, a review of your criminal history. Public perception of questions of morality related to DUIs vary, and so might the officers reviewing applications, especially those with discretion.
A DUI can affect immigration status, but that impact is not automatic. Immigration officials review DUI convictions when assessing applications and renewals. Depending on the details, even a misdemeanor DUI can cause complications and delays.
You may be able to renew your green card after two DUI convictions. Whether USCIS will grant the renewal depends on how recently the convictions occurred, what circumstances the offenses involved, and how the law defined the offenses. USCIS may delay or reject your renewal based on a pattern of criminal behavior.
It can. USCIS reviews your entire criminal history and may consider a DUI as evidence against good moral character, especially if drugs, children, or injury were involved.
A DUI conviction can trigger consequences such as visa revocation, denial of immigration benefits, or even removal, particularly if it meets the criteria for a crime involving moral turpitude.
Yes, but a permanent resident only becomes deportable if the DUI involved aggravating circumstances or the permanent resident is convicted of multiple DUI offenses.
It may. You cannot naturalize if you have certain criminal convictions in the five years before you apply for naturalization (three years if you obtained your green card based on your marriage to a U.S. citizen). These convictions prevent you from establishing that you have good moral character, which is a requirement to naturalize.
A DUI arrest can threaten more than just your criminal record—it can put your entire future in the U.S. at risk. At Flusche & Fitzgerald, we understand that Virginia DUI charges can impact immigration status, green card renewals, and citizenship applications. Whether you’re applying for permanent residency or holding a temporary visa, we can help you defend your DWI and try to protect your ability to stay in the United States. Contact us now to schedule a confidential consultation and get the legal guidance you need.