How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Your Own Question
Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28190
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

If you are the state with visa can you be deported when you

Customer Question

If you are the state with visa can you be deported when you have dui?
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Judith replied 4 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

So far USCIS has not established policy for removal based on a DUI arrest or conviction. It has not been categorized as a crime involving moral turpitude nor a medical condition which falls under exclusion.

However, Dept of State has found a DUI arrest worthy of visa revocation. See below. So if you depart, you may not be able to enter using your visa stamp and would have to re-apply and prove you do not have a medical condition of alcoholism or addiction.

They have really cracked down in May.

http://www.gibney.com/2016/04/22/dos-policy-visa-revocations-non-immigrants-dui-charges/

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 4 months ago.
Thanks ... What about with green card holder?
Expert:  Judith replied 4 months ago.

DUI is not grounds for removal unless there was serious bodily injury and then a judge would weigh the evidence on whether it rose to the level of a crime involving moral turpitude.

Dept of State cannot revoke a green card.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith