Legal Question in Immigration Law in Maryland

Re: DUI, immigaration

Normally a DUI may not be a conviction that makes the person deportable from or inadmissible to the United States. However, if husband did NOT have a driver's license or the license was suspended when he got the DUI, its possible that the DUI may be considered to be a crime involving moral turpitude, making him inadmissible, although there may be a "waiver" available for spouses of U.S. citizens, e.g., INA 212(h). It also depends in what federal circuit the DUI happened in, and the exact text of the state statute that was violated to avoid having the crime be characterized as an aggravated felony; however, when DUI has the mens rea of "reckless" that should increase the argument that the crime is NOT an aggravated felony (deportability) or a crime involving moral turpitude (deportability or inadmissibility). See http://immigrationflowchart.com (a free service), endpages: end84,85,87,131,267 for more information. This is the type of case that you should use an immigration attorney to adjust husband's status (I-130, I-485 etc.). Glen

Re: DUI, immigaration

it may affect him. it is important that he contact an experienced immigration attorney