Can Multiple DUIs Get My Green Card Revoked?

Although a green card reflects your "permanent residence" in the United States, a green card can indeed be revoked if the holder commits certain crimes, in some cases DUIs.

Revocation of your green card won't happen right away. You would first be called into immigration court for removal proceedings. There, an immigration judge would hear your defense and make a decision on whether or not to revoke your green card and have you deported.

Deportability Under the Immigration Laws

Having one or more DUIs is not, by itself, on the list of deportability grounds found in the immigration laws. But it's a long and complicated list. And, depending on the facts of the case, it is possible for even one DUI to make a person deportable.

It all depends on whether there were aggravating factors in the case. These might include, for example, driving on a suspended license, or having a child present in the vehicle. Such factors could easily lead U.S. Citizenship and Immigration Services to conclude that you had committed a crime of moral turpitude (CMT). A CMT is enough by itself to make you deportable if it was committed within five years of your admission to the United States, and if it carries a possible prison sentence in your state of at least one year.

Or, if you already had a crime of moral turpitude on your record, having another one could make you deportable as someone who has committed two separate crimes involving moral turpitude.

If your DUI related to drugs rather than alcohol, you've got another deportability problem. You could be found removable for having committed an offense relating to a controlled substance.

Along the same lines, if an accident occurred due to the DUI, and someone is injured as a result, additional charges of aggravated assault or negligent homicide could lead to deportability problems. Courts so far have not been inclined to call such incidents "crimes of violence," but that is another ground of deportability. With a bad enough incident, it's not hard to imagine USCIS and the courts invoking this section of the law.

When Might You Get Caught by USCIS?

USCIS agents sometimes visit prisons to see whether non-citizens are held there, and institute removal proceedings where appropriate. And it's more and more common to see cooperation between the police and the immigration authorities. Barring that, simply applying for U.S. citizenship will lead USCIS to review your case -- and not only deny citizenship, but start removal proceedings if it sees a reason to.

Speak to a Lawyer

Any DUI carries serious consequences, but for a person who holds a green card, the potential ramifications are even greater. Multiple DUI convictions can cause USCIS to begin deportation proceedings. To give yourself the maximum protection, speak to an experienced immigration attorney right away -- ideally before a final conviction is issued on the most recent DUI. The attorney can guide you through the process, and work with your criminal defense attorney to get you the most favorable result.