Is it true that a legal permanent resident can now be deported if they were convicted of a DUI (no injuries) 5 years ago?

Chicago, IL Viewed 244 times. Posted 6 months ago in Immigration

Is it possible that the new mandate to do immigration checks on all convicted criminals by the Administration will cause lawful permanent residents to be ‘pulled into this net’ as expressed by Tom Barry, an analyst for the Center for International Policy, in terms of being place in removal hearings if they were convicted of misdemeanor class C such as a DUI in Texas 5 years ago although at the time the judge inform the permanent resident that the offense was not grounds for deportation - and now the immigrant resides in IL?

Answers (3)

Thuong-Tri Nguyen

This attorney is licensed in Washington. Posted 6 months ago.

Under the current immigration statutes, certain acts subject an alien to deportation regardless of when the acts occurred. For example, a conviction of domestic violence against certain household or family members is a basis for deportation regardless of how long ago the conviction occurred. (Depending on how long ago the conviction occurred, the alien may have options to ask a court to review the deportation.)

The US is divided into court circuits (and districts). Unless the US Supreme Court has decided on a particular issue, different circuits may have different interpretations of the same federal statutes. This results in the laws being applied differently.

Your best course of action likely is to review your specific facts with attorneys to see what options you have.

Scott Douglas Devore

This attorney is licensed in Florida. Posted 6 months ago.

One conviciton for simple DUI with no injuries is not a crime involving moral turpitude and is not a statutory bases for removal (deportation) from the United States. WIth that said multiple convictions depending on the particular state statute could potentially change that. Based on your fact pattern I don't see a problem.