Atlanta, GA asked in Immigration Law and DUI / DWI for North Carolina

Q: My friend has a DUI and has green card for past five years is it OK for him to travel abroad, will it affect his status.

Also is it safe to apply for his citizenship as its due.

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: A single DUI conviction, with no aggravating factors, is not usually found to fit any of the grounds for inadmissibility or deportation. Better to get assistance from an immigration attorney when he applies for US citizenship.

1 user found this answer helpful

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: A DUI conviction can have implications for a green card holder's ability to travel and apply for citizenship. It's important to consider the specific details of the DUI offense, as some convictions, particularly those involving serious harm or repeated offenses, may have more significant immigration consequences.

Regarding travel, a green card holder with a DUI conviction is generally allowed to leave and re-enter the United States. However, re-entry is not guaranteed and is subject to the discretion of border officials. They may consider the nature of the offense and other factors in their decision.

When it comes to applying for citizenship, a DUI can affect the moral character requirement for naturalization. The United States Citizenship and Immigration Services (USCIS) evaluates the last five years of the applicant's conduct. A single DUI conviction doesn't automatically disqualify an applicant, but it can raise concerns. It's vital to assess the specific circumstances of the DUI and any mitigating factors.

In your friend's case, seeking legal advice tailored to his specific situation is highly recommended.

1 user found this answer helpful

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