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Does my DUI arrest deports me while my GC renewal ?

Montgomery, AL |

I was arrested DUI and convicted and spend 30 days in jail. It was 6 years ago. now I need to apply for my GC renewal. Do they deport me for this arrest and 30 days jail?

Attorney Answers 3


  1. This is not a criminal defense / dwi question. It is an immigration law question. That being said, a misdemeanor offense is USUALLY not enough to require removal. This assumes that the offense in question was a misdemeanor and not a felony. That being said, because a DUI in Alabama carries a POSSIBLE penalty of 1 year in jail, the analysis needs to be expanded. There is an apparent consensus that DUI is not a crime involving moral turpitude. This has not (to the best of my recollection) been finally decided. Thus, if an immigration judge found that DUI is a crime involving moral turpitude and it is punishable you one year in jail, the conviction could affect admissibility status.

    To be on the safe side, I recommend consulting with an immigration attorney as soon as possible.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. IT IS NOT LEGAL ADVICE. The response given is based upon the limited facts presented in the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law in the States of Alabama and Nebraska. Responses are based solely on Alabama law unless stated otherwise. Attorney provides no information with regard to Federal Law except to contact an attorney who is experienced in the Federal Court of relevant jurisdiction. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.


  2. Contact an immigration attorney to discuss deporatation issues. Good luck.


  3. I definitely suggest consulting with an immigration attorney. While you conviction probably won't result in deportation, hiring an immigration attorney will make the process much smoother. Good luck.

    Jasen Nielsen

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