A DUI is a serious offense that could have long-term consequences in your life. The ramifications can be even more severe if you’re a non-citizen here on a green card and want to apply for U.S. citizenship. Fortunately, our Manassas DUI lawyers at The Wilson Law Firm are here to protect your rights and defend you whether or not you’re a U.S. citizen.
How a DUI Conviction Can Affect Your Eligibility for U.S. Citizenship
Fortunately, one DUI or DWI conviction under Virginia Code § 18.2-266 won’t automatically bar you from becoming a U.S. citizen. But, it could cause problems when you apply for citizenship and result in your application being denied.
One requirement for getting your citizenship application approved is demonstrating good moral character. This is defined as having characteristics that measure up to the standards of average citizens in your community, such as respect for others, trustworthiness, reliability, integrity, and law-abiding behavior.
While this is a broad standard, the U.S. Citizenship and Immigration Services officer will consider these qualities as they review the following factors in determining whether you have good moral character:
- Was this your first DUI offense?
- How impaired were you?
- Did you cooperate with the police?
- Were there any aggravating circumstances, such as injuries or fatalities or a child in the car?
However, if you’re convicted of two or more DUIs, the consequences could be more serious because there would be a rebuttable presumption that you don’t have the character necessary to be eligible for U.S. citizenship.
Why Hiring Our Virginia DUI Lawyers Is Crucial If You’re an Immigrant
A DUI conviction could impact your attempt to become a citizen if it occurred within five years of your application. This is considered the statutory look-back period. If your spouse applies for citizenship, the look-back period is three years.
If you’re arrested for DUI and reside in the country on a green card, hiring The Wilson Law Firm is important to your case. Our DUI defense lawyers have decades of experience, and we know how to use strategic defenses to try to get charges reduced to a minor offense through a plea agreement—or possibly dismissed.
For example, we may be able to challenge the results of blood alcohol content or field sobriety tests, or argue that your case should be dismissed if the police obtained evidence by violating your constitutional rights. Our legal team understands the high stakes of a conviction when you’re not a U.S. citizen and will do everything we can to help you achieve a good outcome in your criminal case.