A DUI on Your Record? Understand Your Green Card Options

If a DUI is on your record, you may be asking whether you can still get a green card. The answer depends on how the offense is classified, how many convictions you have, and the rest of your immigration history.

This page explains those questions in plain terms. Adriana Gomez is the lawyer responsible for this page at AG Immigration Law P.A. For the general green card process, see our adjustment of status guide.

Short answer: a DUI does not automatically prevent a green card

Immigration law asks specific questions instead: what the offense legally is, how many convictions exist, and when they happened.

Green cards are usually obtained through adjustment from another status or through family or employer sponsorship, according to the Migration Policy Institute. A DUI can matter on any of these routes. The rules for a pending application, for citizenship, and for removal proceedings each look at your record differently.

How immigration law classifies a DUI

The category matters most within a set time window. Under 8 U.S.C. § 1227, a person convicted of a crime involving moral turpitude committed within five years after admission is deportable, if the crime carries a possible sentence of one year or longer. A ten-year window applies to some people who received permanent residence under a special provision.

Drug charges follow a separate rule. The same statute makes a controlled substance conviction a ground for deportability. The one exception is a single offense of possessing 30 grams or less of marijuana for one’s own use.

How one DUI and multiple DUIs affect eligibility

One DUI is judged differently from a pattern of convictions. Under the same statute, any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising from one scheme of misconduct, is deportable.

For citizenship, good moral character is evaluated on a case-by-case basis. Under 8 C.F.R. § 316.10, an applicant with two or more convictions and an aggregate sentence actually imposed of five years or more lacks good moral character. 8 C.F.R. § 316.10 reads: “(ii) Committed two or more offenses for which the applicant was convicted and the aggregate sentence actually imposed was five years or more, provided that, if the offense was committed outside the United States, it was not a purely political offense.” Dates, sentence lengths, and the number of convictions can each be relevant to a case.

Expungement (a court process that clears a record) does not solve a pattern problem. The same rule says two or more moral turpitude offenses during the statutory period (the look-back window the law uses) still preclude good moral character, even if one record was expunged.

If a DUI makes you inadmissible, a waiver may be available. Under 8 C.F.R. § 212.7, an applicant who is inadmissible under a waivable ground may apply for the related waiver on the form USCIS designates.

Effects on adjustment of status, naturalization, and existing green cards

Adjustment of status requires eligibility for the green card. Under 8 C.F.R. § 245.1, a person physically present in the United States may apply, except an alien who is ineligible under paragraph (b) or (c) of that section, if eligible and if an immigrant visa is immediately available. The same regulation refers to conviction of certain crimes. 8 C.F.R. § 245.1 reads: “(1) Conviction of certain crimes (section 212(a)(2)(A) of the Act) (except for a single offense of simple possession of 30 grams or less of marijuana).”

Citizenship works differently. A finding that you are not deportable is also not conclusive proof of good moral character, under 8 U.S.C. § 1427.

If your case goes to court, the government must prove deportability by clear and convincing evidence, under 8 C.F.R. § 1240.8. You carry the burden on any relief you request. According to ICE’s adjustment of status guide, an adjustment application in removal proceedings is made in immigration court before an immigration judge.

Timing also matters. The date of a conviction, compared with your admission and the look-back periods, can change the result.

What to gather before you speak with a lawyer

Gather your records before your first conversation. Exact documents and dates make the review faster and more accurate. Bring:

• Charging papers, plus the judgment and sentence
• Probation completion records, if any
• Any dismissal or expungement orders
• Your green card, or the USCIS receipt notice for a pending application
• Your I-94 and entry records
• Any notices from USCIS, immigration court, or the Board of Immigration Appeals
• A written timeline of arrests, convictions, and trips abroad, with dates

Next steps if you’re deciding whether to file, travel, or respond

Your next step depends on your stage: a pending application, a citizenship case, or a notice from immigration court. Understanding how the conviction is classified comes first, because it shapes how you file or respond.

If a DUI on your record has you unsure whether to file, travel, or respond to a notice, you don’t have to sort it out alone. Contact our office by form, phone, or WhatsApp to set up a consultation, and bring the documents listed above.