Legal Question in Immigration Law in Massachusetts

In many cases it is still possible to re-enter the U.S., become a Lawful Permanent Resident, or become a U.S. citizen even though you have had one (or sometimes two) convictions for drunk driving in your past. For example, one of the requirements for U.S. citizenship is that a person be of "good moral character." If a person is convicted of certain crimes (no matter how long ago), they can be considered to be a person of bad moral character. Some citizenship applicants are legitimately more worried about their previous DUI conviction than passing the citizenship test.

However, convictions for simple DUI offenses that occurred in most of the 50 American states are generally not considered to show bad moral character because the driver did not intend to drive drunk.

Each of the 50 states in America has drunk driving law that is written differently. In general, if the words "reckless" or "had knowledge" or "malicious" or "evil intent" are written in the drunk driving law of a state, the DUI conviction might cause citizenship to be denied. Also, if the state law has words written in it that prohibit driving drunk while a person's driver's license was suspended, it would be clear that the person knew they were not supposed to be driving and that would be bad moral character.

As defined in most state laws, DUI and DWI means that a person was driving with a certain blood level of alcohol or other intoxicating substance above an amount that is legally permissible under that state's law. It is necessary to look at the actual wording of each state's DUI or DWI statute to see what words are used to define the crime in that state.

It is true that driving under the influence carries the risk of automobile accidents. But laws against drunk driving are intended to prevent damage to the driver and others. Many drunk driving arrests occur at a sobriety checkpoint or in other non-accident situations. By its nature, simple drunk driving is usually not considered a crime of violence (a crime of violence is an offense where intentional physical force is used against another person). When someone uses physical force against another person by pushing or hitting him, it is clear it is not an accident and that it was intentional.

When someone drives under the influence there is usually no intent to use physical force to hurt someone. The U.S. Supreme Court held unanimously in 2004 that simple driving under the influence offenses are not considered crimes of violence and therefore applicants for citizenship with a DUI on their record should be considered a person of good moral character for the purposes of determining citizenship status.

Many people with a DUI or DWI in their background may wish to hire an Immigration Attorney who has experience with citizenship and DUI convictions to represent them in their immigration case to have the best possible chance of being approved. This is not just a ploy to get you to hire an attorney. The Immigration Attorney examines the police report, the court documents,the exact language of the state statute, the wording of the plea bargain (or conviction if the case went to trial) and the sentencing documents before applications are submitted to the U.S. government to protect the applicant.

The U.S. Supreme Court can change their mind at any time, and each state's law could be changed at any time, so it is wise for the Immigration Attorney get an update on the laws before filing the application for adjustment of status or citizenship. Certain documents concerning the DUI conviction should be submitted, but others should not -- and the Immigration Attorney knows which documents to submit.

People with a DUI or DWI in their history should hire an American Immigration Attorney to represent them when re-entering the U.S., when applying for adjustment of status, and when applying for citizenship. Interviewing USCIS or CBP Airport Officers may be asking many intense questions because of the drunk driving conviction. The person should admit responsibility for the DUI conviction and be ready to explain verbally and through documents (like completion of classes and/or volunteer work, involvement in the church etc.) that he is not a habitual drunk and that he has changed his life for the better.