Can a DUI Conviction Affect Your Green Card or Visa Status?

You already know a New Jersey DUI can be stressful on its own. But if you are currently in the process of or are eyeing a green card or visa application in the future, it can double the pressure. Here’s the truth: immigration officers don’t just look at the charge itself. They look at what happened in court, what’s on the paperwork, and how you responded. That’s why it’s so important to take the case seriously from the start. A DUI doesn’t automatically ruin your chances, but it can absolutely slow you down or put your future at risk if the details aren’t handled carefully.

Talk to someone who knows what this means for your status. At The Kugel Law Firm, our New Jersey DUI attorneys can help you understand your options, stay ahead of deadlines, and keep your immigration goals moving forward. Contact us today at (973) 854-0098 and get the support you deserve.

Important Legal Disclaimer

This blog post reflects laws and regulations in effect as of the date of posting. Federal and state immigration and criminal laws are subject to change, and the information provided here may not reflect the most recent legal developments. The impact of a DUI conviction on a green card or visa status can vary depending on individual circumstances. To understand how these laws may apply to your case, it is essential to speak with a skilled New Jersey DUI attorney who can provide guidance tailored to your specific situation.

How U.S. Immigration Law Classifies a DUI Conviction

A run-of-the-mill first-time DUI under N.J.S.A. 39:4-50 is treated as a traffic offense, not a crime involving moral turpitude (CIMT). Immigration law treats CIMTs as red flags because they’re seen as offenses that reflect bad judgment, dishonesty, or harmful intent. Offenses that fall under this classification involves charges such as theft, fraud, or certain violent crimes.

A CIMT accusation doesn’t automatically make you ineligible, but it can lead to:

• Denial of your green card or visa application
• A finding that you’re inadmissible to the U.S.
• Extra interviews, background checks, or even a requirement for a legal waiver

That means one DUI conviction alone does not label you as someone who acted “immorally” in the eyes of immigration law.

However, certain facts can flip the script and let officers call the case a CIMT:

• Driving drunk while knowing your license was already suspended or revoked
• Intentionally fleeing an accident scene after drinking
• Conduct that shows an intent to harm, such as ramming another car

These scenarios appear in Board of Immigration Appeals (BIA) decisions like Matter of Lopez-Meza and Matter of Torres-Varela, which carved out narrow circumstances where a DUI reflects moral turpitude.

If your record shows only the basic New Jersey traffic DUI, immigration officials normally stop their analysis here. They still see the conviction, but it does not trigger the CIMT grounds of deportability.

Aggravated Felony Considerations After Serious Injury

Immigration law reserves the “aggravated felony” label for the toughest cases. The U.S. Supreme Court said in Leocal v. Ashcroft that a standard DUI, even one involving injuries caused only by negligence, does not count as a crime of violence, so it is not an aggravated felony.

New Jersey, however, has separate criminal charges for drunken crashes that hurt someone. Assault by auto under N.J.S.A. 2C:12-1(c) can become a third- or second-degree felony if serious bodily injury occurs. Once a DUI morphs into that felony assault, immigration officers may revisit the aggravated-felony question because the offense now requires a higher mental state and a greater risk of force.

Factors that raise red flags for aggravated-felony analysis:

• You are charged with third- or second-degree assault by auto tied to drunk driving
• The indictment alleges “serious bodily injury” or death
• Prosecutors claim reckless disregard for human life

If any of these appear in your paperwork, talk with both criminal and immigration counsel immediately.

When a DUI Involves Controlled Substances

A DUI that pivots on alcohol is one thing; a DUI that hinges on drugs is another. U.S. immigration law makes any conviction “relating to” a federally controlled substance a direct ground of deportability under INA § 237(a)(2)(B)(i).

New Jersey folds drug-based DUIs into the same statute, 39:4-50(a)(3). The language covers narcotics, hallucinogens, even certain prescription pills. Because the charge mentions a controlled dangerous substance, officers may read it as evidence you violated federal drug laws, even though New Jersey still calls the case a traffic offense.

Watch for these indicators that your DUI might trigger the controlled-substance rules:

• Lab results listing a Schedule I or II drug in your blood or urine
• Police reports describing THC, cocaine, or opioids as the primary impairment
• Court records referencing 39:4-50(a)(3) instead of (a)(1) (alcohol only)

If any of those points show up, your attorney may need to pursue alternative pleas,such as reckless driving, before the case closes.

In short, most first-offense alcohol DUIs in New Jersey stay in the lower-risk immigration categories. Serious injuries, suspended licenses, or drug elements push the case higher on the risk ladder. Knowing which box your charge sits in helps you and your legal team decide the next move.

Rachel Kugel – New Jersey DUI Attorney

Key Factors That Intensify Immigration Consequences After a DUI

Immigration officers look for patterns such as multiple alcohol arrests, injuries, drugs, and missing court dates that let them label you a public-safety risk or someone who lacks “good moral character.” Below are four hot-button areas they check first, all explained with New Jersey law in mind.

Multiple Convictions and Habitual-Drunkard Findings

A single first-offense New Jersey DUI (N.J.S.A. 39:4-50) is bad news but rarely fatal to a green-card case. Two or more convictions in the last five years flip a switch. USCIS now presumes you lack good moral character if you rack up that kind of record during the naturalization period. The Attorney-General’s opinion in Matter of Castillo-Pérez says repeated DUIs can even bar cancellation of removal because they point to “habitual drunkard” behavior under INA § 101(f)(1). Immigration judges apply the same logic when weighing any discretionary benefit, from adjustment to voluntary departure.

• Two or more alcohol or drug DUIs since your last application
• Any DUI combined with a prior reckless-driving plea
• A sentence that adds up to 180 days or more behind bars

If you have any of those points in your record, the officer may treat you like a repeat offender whose alcohol use is “habitual,” a label that can sink a green card bid on its own.

Presence of Minors, Drugs, or Serious Bodily Harm

Driving drunk with a passenger under 17 is a separate disorderly-persons offense under N.J.S.A. 39:4-50.15, and prosecutors often add a felony child endangerment count under 2C:24-4(a). 

A drug-based DUI charged under 39:4-50(a)(3) triggers INA § 237(a)(2)(B)(i), the controlled-substance ground of deportability, even when New Jersey labels it a traffic ticket. 

If someone is seriously hurt, police upgrade to assault by auto (2C:12-1(c)), a third- or second-degree felony that invites an aggravated-felony review. ICE guidance lists crashes causing bodily injury as a public-safety priority, making detention more likely.

• Minor in the car (extra criminal charge plus harsher license loss)
• Lab report showing THC, cocaine, opioids, or other Schedule drugs
• Injuries classified as “serious bodily injury” or worse

Any one of these factors can turn a routine consular follow-up into a visa denial or trigger an ICE hold at the county jail.

Probation Violations and Bench Warrants

Finishing municipal-court probation in New Jersey usually involves fines, Intoxicated Driver Resource Center classes, and, after 2019, an ignition-interlock device for most drivers. Missing a payment, skipping IDRC, or picking up a traffic ticket can land you in violation proceedings, and any added jail time counts toward the one-year aggravated-felony benchmark. 

An open bench warrant, even for a petty traffic charge, shows up on the federal background check and can stall your adjustment or trigger detention at the next ICE interview.

Clean those issues up fast; immigration officers do not excuse “loose ends” in a court docket.

State-Specific Enhancements That Matter to ICE

New Jersey piles on extra penalties that may look small in traffic court but large when it comes to considering your immigration application. A DUI while your license is already suspended (N.J.S.A. 39:3-40(f)) carries mandatory jail that can push total custody time over 180 days. 

Recent legislation now makes an online victims-impact course mandatory for anyone convicted of DWI or a downgraded reckless-driving plea tied to alcohol or drugs. Each “enhancement” gets reported to MVC and appears on the driving abstract that consular officers request during visa processing. ICE agents checking the abstract flag check whether:

• Ignition-interlock requirements still in effect
• Alcohol-related license suspensions showing multiple reinstatements
• Refusal convictions or high-BAC tiers noted on the record

Combine those state-level flags with the federal risk categories above, and your file moves closer to the removal-priority stack.

Taking care of each detail, court dates, fines, treatment, and paperwork, gives you the best chance of keeping your green-card application on track and staying out of the fast lane to immigration court.

Impact of a DUI on Current Green Card Holders

A single New Jersey drunk-driving case can feel like just another traffic headache. For a lawful permanent resident, though, the paperwork also lands on federal desks. Here’s what you need to watch if you plan to naturalize, must file an I-751, or expect to travel outside the United States while a DUI sits on your record.

Maintaining Good Moral Character for Naturalization

USCIS looks back 5 years (3 if you’re applying through marriage) and asks one core question: did you show “good moral character” during that time?

A first-time alcohol DUI under N.J.S.A. 39:4-50 usually does not break that standard on its own, yet it still counts as an “unlawful act.” Two or more convictions within the statutory period trigger a presumption that you lack good moral character, putting the burden on you to prove rehabilitation. 

Common red flags can include:

• Two or more DUI convictions during the look-back window.
• Aggregate jail sentences of 5 years or more for any crimes, including time from separate DUIs.
• Evidence of “habitual drunkard” behavior such as multiple alcohol arrests, documented treatment refusals, or probation violations.

If one of these factors applies to you, including proof you completed New Jersey’s Intoxicated Driver Resource Center classes, paid every fine, and stayed sober since the last arrest. Letters from counselors, AA attendance sheets, and ignition-interlock compliance records help tip the scale back in your favor.

I-751 Removal of Conditions and DUI Issues

Conditional residents must file Form I-751 in the 90 days before the 2-year green card expires. While the statute does not impose a formal good-moral-character test, adjudication is still discretionary. Officers comb through any arrests since admission to decide if a personal interview or additional documents are needed.

A New Jersey DUI conviction often triggers a Request for Evidence (RFE) that asks for the court disposition and proof you finished IDRC or other treatment.

Close every municipal-court obligation before you file, attach certified copies of receipts and completion certificates, and write a brief personal statement showing what you’ve done to stay sober since the incident.

Re-Entry After International Travel With a DUI Record

Most green card holders sail through primary inspection, but one alcohol-related arrest can still push you into the secondary line. CBP officers have broad power to question returning Lawful Permanent Resident (LPRs) and may treat you as an “applicant for admission” if they suspect you fall under an inadmissibility ground. 

To avoid complications, make sure to carry the following each time you leave the country:

• A certified court disposition showing the case is closed and all penalties satisfied.
• Proof of treatment or counseling, especially completion letters from the IDRC.
• Evidence you have no pending warrants or probation violations. 

Handing the officer well-organized documents often shortens the interview and reduces the chance of an officer treating your return as a fresh admission subject to denial.

How a DUI Arrest Affects Visa Holders and Applicants

A drunk-driving stop in New Jersey does more than threaten fines and a suspended license. Once police enter the arrest into their databases, consular officers, Customs and Border Protection (CBP), and U.S. Citizenship & Immigration Services (USCIS) can all see it. 

Each agency runs its own checklist: consulates decide if your visa still stands, CBP controls admission at the airport, and USCIS weighs good-moral-character and admissibility when you ask for a green card. Below, you will see how the same New Jersey DUI can slow consular processing, trigger automatic visa revocation, complicate change-of-status petitions, and – most important – what you can do right now to keep your plans on track.

Consular Processing Delays and Additional Screening

Consulates treat any DUI within the last five years as a public-safety red flag. Officers must refer you to a panel physician to check for alcohol-use disorder whenever the record shows a DUI arrest, even if the charge was later reduced. The doctor follows Centers for Disease Control and Prevention technical instructions that list drunk driving as “harmful behavior” tied to a possible physical or mental disorder.

If the physician wants extra labs or counseling reports, your case drops into 221(g) administrative processing until the results arrive. Applicants routinely wait weeks – or months – before the officer finishes the security check and issues or refuses the visa.

• Expect a referral letter for the panel doctor if your arrest is less than five years old.
• Bring certified court dispositions, proof of completed classes, and any sobriety certificates to the interview.
• Track your case on the Consular Electronic Application Center while it sits in administrative processing.

Timely paperwork often shortens the delay because the officer already has what the medical unit will ask for.

Automatic Visa Revocation Under 22 C.F.R. § 41.122

Since November 5, 2015, the State Department directs consular officers to “prudentially revoke” most non-immigrant visas after a single DUI arrest, even if no conviction yet exists. The legal hook is 22 C.F.R. § 41.122, which lets a consular officer cancel a visa “at any time, in his or her discretion.” A special carve-out in 9 FAM 403.11-4 says visas may be revoked while the holder is still inside the United States for DUI cases – an exception to the usual rule that visas are not revoked mid-trip.

Once revoked, the visa foil in your passport is no longer valid for travel even though your underlying status (H-1B, F-1, L-1, etc.) remains intact until USCIS decides otherwise. If you depart the U.S. after revocation, you must appear at a consulate for a fresh interview, medical exam, and security check before re-entering.

Change-of-Status Petitions Inside the United States

Filing an I-539 or employer-sponsored I-129 to change or extend status does not hide a DUI. USCIS adjudicators review the FBI rap sheet and ask for certified court records whenever an arrest appears. A pending charge may trigger a Request for Evidence for:

• Certified docket entries and sentencing terms.
• Proof you finished New Jersey’s Intoxicated Driver Resource Center requirements.
• Evidence of treatment if any assessment recommended it.

USCIS may deny a change-of-status request if the agency believes the arrest shows a lack of good moral character or indicates a substance-use disorder that makes you inadmissible under INA § 212(a)(1)(A)(iii). Late-filed or bridge-petition strategies only work if you remain in valid status and respond fully to every RFE.

Strategies to Mitigate Future Visa Denials

Act quickly after the arrest. New Jersey law now requires ignition-interlock devices for most first-offense DWIs; completing that mandate and all court-ordered classes shows rehabilitation to immigration officers.

• Finish every municipal-court obligation. Bring paid receipts, IDRC certificates, and interlock logs to any immigration interview.
• Gather medical evidence. Negative substance-abuse evaluations and clean liver-enzyme tests can persuade panel physicians you do not have a current disorder.
• Carry certified dispositions when you travel. CBP can see the arrest; handing over clean paperwork often avoids secondary inspection delays.
• Stay arrest-free for at least five years. Consulates drop mandatory medical referrals for single DUIs older than that benchmark.

Taking these steps cannot erase the arrest, but it gives each decision-maker solid proof that the incident is firmly in your rear-view mirror. Keep your documents organized, show consistent compliance with New Jersey court orders, and you improve your chances of keeping – or securing – the visa that moves your green card application forward.

Strategy	Why It Matters for Immigration	Practical Evidence to Show
Act quickly after the arrest (ignition-interlock and classes)	Demonstrates compliance and rehabilitation under New Jersey law	Interlock logs, class completion certificates
Finish every municipal-court obligation	Shows all court penalties were resolved	Paid receipts, IDRC certificates
Gather medical evidence (negative evals, clean tests)	Proves no current alcohol or substance disorder	Evaluation report, liver enzyme results
Carry certified dispositions when you travel	Helps avoid delays at inspection and clarifies record	Court disposition, certified docket sheet
Stay arrest-free for at least five years	Strengthens eligibility and avoids mandatory medical referrals	Clean record check, proof of no arrests

Don’t Let a DUI Put Your Immigration Status at Risk

You earned your spot in the green-card or visa line through years of hard work, and a single DUI charge should not erase that progress. Immigration officers will study every detail of your case, and their decision can hinge on how the charge is recorded, argued, and resolved in New Jersey’s courts. 

The Kugel Law Firm understands how DUI charges affect immigration cases here in New Jersey. A skilled attorney can help you deal with the charge in a way that protects your future and your status. You don’t have to figure it out on your own. We can shape a defense that protects your driving record and your immigration goals at the same time. Talk with a New Jersey DUI attorney who knows how to keep your status moving forward. Contact us today at (973) 854-0098 for experienced and tailored legal assistance.