(732) 582-5076Providing Quality Legal Representation for DUI Related Immigration Issues
If you have been charged with a DUI or a controlled substance violation and are an immigrant, your legal status or opportunity to apply for citizenship could be in jeopardy. A DUI conviction can result in an individual being removed or deported.
U.S. immigration law has strict rules that apply to crimes of moral turpitude, and that can result in devastating consequences for immigrants. For example, a DUI conviction could lead to immigration officials initiating removal proceedings.
However, even though the consequences of a DWI criminal conviction can negatively impact an immigrant’s life, there is legal help available.
The Hernandez Law Firm, P.C. of Toms River, NJ, is dedicated to helping non-US citizens and their families deal with confusing immigration proceedings and would be honored to assess your legal needs. When you come to us for help, we will evaluate your case and help you make informed decisions to reduce its impact on your immigration status.
Contact our law offices and ask to schedule a free consultation to learn more about our DUI immigration law services and how we can help.
How Can a DWI Conviction Affect a Person’s Immigration Status?
From 2011 through 2016, DWI convictions resulted in 291 deportations from New Jersey. Since 2016, those numbers have been steadily rising. If you are an immigrant in New Jersey, and you have been charged or convicted for driving while intoxicated (DWI), here is what you need to know.
DWI is not considered a “criminal” charge in New Jersey – it is a “traffic” charge – but if you are an immigrant, you can still be deported after a DWI conviction. It does not matter if you are here on a visa, hold a green card, are a “Dreamer,” or have no legal status.
The legal grounds for deportation are spelled out in the federal Immigration and Nationality Act (INA) of 1965, which defines DWI in every state as a “crime of moral turpitude.”
U.S. immigration law stipulates that non-citizens may be removed from the United States or denied entry for crimes of moral turpitude, aggravated felonies, or controlled dangerous substance violations. Although the U.S. Citizenship and Immigration Services (USCIS) does not define crimes of moral turpitude, aggravated felonies typically result in a defendant being sentenced to over one year in jail.
However, U.S. immigration law can consider a DUI conviction a crime of moral turpitude or a crime of violence. As a result, the USCIS can deem a DUI conviction as making an applicant inadmissible.
If you need further clarification regarding the immigration process, contact The Hernandez Law Firm, P.C., and ask to schedule an appointment with a qualified legal team member who can answer your questions.
Does a DUI Conviction Make an Immigrant Subject to Deportation?
A DWI conviction makes an immigrant subject to deportation, and New Jersey may not protect you from immigration enforcement. Aggravating circumstances – like causing an accident or injuring someone – make deportation even more likely. If you are charged with DWI, you will need help from a New Jersey DWI defense attorney to avoid a conviction.
Even though New Jersey law enforcement agencies have been ordered not to cooperate with federal immigration authorities, immigration officials have access to New Jersey arrest records, and they know about DWI arrests and convictions when they happen.
In 2017, New Jersey’s Attorney General imposed limits on the ability of local police to assist federal immigration officials. However, U.S. Immigration and Customs Enforcement (ICE) has continued to detain – and deport – immigrants in New Jersey for offenses like DWI.
However, being arrested for a criminal offense is not enough to start the deportation process. Instead, an individual must be convicted of a crime before deportation proceedings may be initiated. The Immigration and Nationality Act (INA) defines a conviction as a defendant being found guilty by a court or admitting facts resulting from a conviction.
As a result, non-citizens who are arrested for DUI offenses should exercise their right to remain silent and hire a criminal attorney immediately who can provide them with knowledgeable legal counsel.
If you are a non-citizen and have been arrested for drunk driving, contact The Hernandez Law Firm, P.C., to learn more about immigration laws and how they can affect your legal status.
What Can Happen to Immigrants Convicted of DWI In New Jersey?
In April 2019, 123 people in New Jersey were detained by immigration authorities based on their prior arrests and convictions. Non-citizens with removal orders were immediately deported, while the others were held in an ICE detention center pending their immigration hearings.
Moreover, deportation and inadmissibility are not the only possible consequences of a DWI conviction for an immigrant. If you are a green card holder who is seeking U.S. citizenship, a DWI conviction could put your naturalization process on hold – possibly for many years.
For example, even though individuals who are undocumented may be deported immediately, the same is not true for those involved with the visa renewal process or who possess a green card. Although green card holders are not typically faced with deportation proceedings, they will still encounter challenges during the naturalization process and, as a result, will be required to prove 5 years of good moral character after a DUI conviction.
Additionally, if you have a green card, you could be deemed inadmissible if you leave the U.S. after a DWI conviction and then try to return.
Due to the steep penalties associated with a DUI conviction, one of the best decisions you can make is to hire a skilled deportation defense lawyer who can fight to protect your legal rights.
Why Should I Trust Your Immigration Attorney to Help Me With My DUI Charge?
Fighting a driving while intoxicated charge is the best way to avoid facing immigration consequences. If you are legally in the U.S. and have the documents to prove it, a not guilty verdict or the dismissal of a DWI charge probably will not trigger immigration consequences.
However, there is always a risk that you may be subject to removal proceedings and have to go to immigration court. However, there are several steps that you can take to protect yourself after being arrested for driving under the influence or drug possession.
These legal steps include:
- Exercise your right to remain silent: Non-U.S. citizens are entitled to remain silent when arrested and charged with a crime. All too often, an individual charged with DUI offenses makes incriminating statements that can jeopardize their case
- Do not plead guilty to a DUI offense: If you are arrested and charged with a DUI, do not make the mistake of pleading guilty in court. Once a defendant pleads guilty, it is considered a DUI conviction and could result in you having to go to immigration court
- Hire an experienced DUI immigration attorney immediately: The best step that anyone facing a New Jersey DUI charge can take to protect themselves and their legal status is to hire an experienced DUI immigration attorney who can handle their criminal charges and deal with immigration matters
For more than fifteen years, New Jersey criminal defense attorney Steven W. Hernandez has represented immigrants charged with DWI in New Jersey. His book, “New Jersey DWI Defense, the Law & Practice,” is used by DWI lawyers throughout the state.
You should not have to be deported simply because you made one mistake. Attorney Steven W. Hernandez can develop a strategy for your defense and bring your DUI case to its best possible conclusion. Mr. Hernandez wrote the book on DWI, and he is ready to work for you.
The skilled legal team of The Hernandez Law Firm, P.C. understands the significant impact a DUI conviction can have on immigrants and is committed to providing clients with quality legal representation.
Contact The Hernandez Law Firm, P.C. of Toms River, NJ, at (732) 582-5076 and ask to schedule a free consultation so that we may assess your case.