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I have tem green card , I was arrested for DUI in NY ! will I loose my green card?

Staten Island, NY |
Attorney answers 8


Please consult with an immigration attorney to discuss whether you are deportable for your conviction.


Consult with an attorney to discuss your detailed criminal history. It depend on your background. If its your first time and no accident or injury to others, and not an addict, you should be ok.

Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012


I handle DUI cases all the time. They are very fact specific. Did you take the breath test? If YES, what was the result? Was there an accident? Do you have a prior record?

Eric Rothstein

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


You should immediately consult an immigration attorney and review the exact details concerning your arrest. Do not plead to anything without consulting an immigration lawyer.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website:


Your lawyer can certainly enter into a "deal," or "plea bargain," with the prosecutor on your DWI charge. That is a matter for a criminal defense attorney. Specifically, you should retain an attorney experienced in eth area of DWI defense and familiar with the prosecutor's office handling your case and the court where you are charged. The big question is how the "deal" will affect your immigration status. For that you need to speak to an attorney who handles immigration matters.

In the best situation you would locate one (1) attorney who can handle both. But that is unlikely. These are both highly concentrated areas of the law. So take the time ot research and interview carefully.


In comparison, DWI without injury to another carries the least amount of immigration consequences than other criminal offenses. Of course, under immigration law, any criminal offense will result in your application to be flagged. I agree with the other attorney that you don't have to be too worry if this is your only criminal offense and you inform your immigration lawyer who will be working to remove your condition on your green card. Good luck.


You need to speak with an immigration attorney. I have handled thousands of DWI cases, including hundreds where the defendant was not a US citizen. It often depends on your prior criminal history, along with how long you have been in the country and your family situation. I once started representing a defendant who was in jail for several months, and was here illegally. I won a jury trial and after he was found not guilty of all charges, he was deported. I have also had clients who are not US citizens who have had prior violent felony convictions and then subsequently got a DWI conviction, but did not get deported. You need to consult with a good immigration attorney and a good DWI attorney.


Yes you can lose residency status for a DWI.

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