Law Offices of Peter Buh
115 Cambell Street, Suite 208
Geneva, IL 60134
DUI Conviction and Immigration
Typically noncitizens of the United States may be deported when they
are convicted of a crime involving moral turpitude or an aggravated
felony. Several criminal offenses, drug offenses and domestic
violence, often lead to deportation of the noncitizen upon conviction.
Aggravated felony has a very
specific meaning under immigration law that may differ than state
law. Noncitizens convicted of aggravated felonies will likely
have no relief from deportation. If they are deported, this
conviction will bar them permanently from returning to the United
States.
Some offenses are categorically aggravated felonies, such as murder,
sexual assault and robbery. Some misdemeanors are considered
aggravated felonies. Misdemeanor sexual abuse of a minor,
under immigration law, is considered an aggravated felony.
A noncitizen may be deported if the
conviction involves moral turpitude. The offense must have
been committed within 5 years of your admission to the United
States. The sentence for the crime must be one where the
imprisonment is in excess of one year.
In Illinois, if you have been
convicted of driving while under the influence of alcohol, the
conviction is not considered involving moral turpitude or an aggravated
felony. However, if the noncitizen provides false information to the
police, that would constitute a crime of moral turpitude. If
you obtain multiple convictions for DUI in Illinois, the subsequent
convictions are not considered a crime of moral turpitude.
Even if the conviction is for Felony Aggravated Driving Under the
Influence, immigration law will not view the conviction as an
aggravated felony or a moral turpitude offense.
However, when individuals who
are convicted of multiple DUIs, they typically have a companion driving
while license revocation or suspension charge or the basis for the
aggravated DUI was the license suspension, immigration law
views the conviction as one of moral turpitude. This
conviction can lead to the deportation of the noncitizen.
Immigration authorities do not
actively search for noncitizens convicted of driving
offenses. However, problems may arise when the alien renews
the work permit or visa. It is strongly recommended that if
you are not a United States Citizen, you should consult an attorney who
is versed in both Criminal Law and Immigration Law.
Call me for a free consultation:
1-630-925-7188
Law Offices of Peter Buh
115 Cambell Street, Suite 208
Geneva, IL 60134
