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Can I re-enter in the U.S without any problem with the U.S immigration after being convicted with a first DWI?

Minneapolis, MN |

I'm an international student with F-1 visa, and I travel a lot overseas. However, since I had my first DWI, I haven't traveled outside the U.S. I'm really scared about traveling outside the country and not be able to come back because I'm still going to school and I have two more years. I had a DWI, which was dropped to "careless driving". I'm on probation for two years (until 2015), and I paid every fees that needed to be paid, and I still pay every month a $6 fee to Ramsey County (Minnesota) until the end of my probation (2015). So my question is about the immigration and I hope an immigration's attorney can answer me back as soon as possible... Thanks

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Attorney answers 3


Hi there, a DUI/DWI/OWI is not likely to get you deported, and is also will not cause automatic visa ineligibility in the future. However, it will be investigated further by immigration officials if and when you attempt to re-enter the U.S. It is best to show evidence of compliance with all the requirements the law imposed on you as a result of having had this charge, as well as of rehabilitation whenever possible (i.e. taking local classes on drunk driving issues, having a psychologist evaluate your tendency to use alcohol and/or attending alcoholics anonymous classes if necessary, plus lack of any further infractions). As my colleagues have suggested, it is always best to consult with an immigration attorney to prevent what can be prevented. Good luck!

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


You are wise to be concerned.

Talk to an immigration lawyer (you can search AVVO,, or talk to your foreign student adviser ... asking for lawyers that work with your school.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Hello. You are right to be concerned about re-entry into the country, and you should confer privately with an attorney who can provide you with a legal opinion and detailed legal counsel. Certain attorneys are experienced with criminal issues as they relate to immigration - visa concerns.


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