Will a Yonkers, NY DWI affect my permanent residence in the United States? Will a misdemeanor charge out of Manhattan, NY affect my green card status? Many people lawful permanent resident or green card holder ask such questions. They wonder and worry whether certain crimes or charges will affect their US resident status. The good news is that not all crimes and charges will, but some do.
A DUI and DWI is among the long and complicated list of deportable offenses found in the immigration law. However, it is and is not a deportable offense. Here is why. One or more DUI by itself does not mean automatic deportation. But, if coupled with aggravating factors, then it can qualify as a deportable charge. Driving with a suspended license, Driving Under the Influence and getting into accident and injury occurred, or having a child in the car at the time of the offense are examples of aggravating factors.
The U.S. Citizenship and Immigration Services (USCIS) can consider a DUI or DWI charge with aggravating factors a crime of moral turpitude (CMT). A CMT that carries a possible prison sentence of one year or more and was committed within five years of admission into the US, by itself is enough to constitute a deportable offense.