{"id":7481,"date":"2026-11-14T08:54:53","date_gmt":"2026-11-14T08:54:53","guid":{"rendered":"https:\/\/abogadaadrianagomez.com\/resources\/adjustment-of-status\/can-you-get-a-green-card-if-you-had-a-dui\/"},"modified":"2026-11-14T12:30:54","modified_gmt":"2026-11-14T12:30:54","slug":"can-you-get-a-green-card-if-you-had-a-dui","status":"publish","type":"page","link":"https:\/\/abogadaadrianagomez.com\/resources\/adjustment-of-status\/can-you-get-a-green-card-if-you-had-a-dui\/","title":{"rendered":"Can You Get a Green Card After a DUI?"},"content":{"rendered":"\n
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Immigration Law | Green Card Matters<\/p>

A DUI on Your Record? Understand Your Green Card Options<\/h1>

Immigration officers and judges weigh a DUI differently than a criminal court does. Here is how that works and how to plan your next step with an immigration attorney.<\/p>

Contact Our Office<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Adriana Gomez \u00b7 Published November 14, 2026<\/p>\n\n

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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.<\/p>\n

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<\/a> guide.<\/p>\n

Short answer: a DUI does not automatically prevent a green card<\/h2>\n

Immigration law asks specific questions instead: what the offense legally is, how many convictions exist, and when they happened.<\/p>\n

Green cards are usually obtained through adjustment from another status or through family or employer sponsorship, according to the Migration Policy Institute<\/a>. 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.<\/p>\n\n

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If a DUI on your record has you unsure whether to file, travel, or respond to a notice, our office can talk it through with you in a consultation. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n

How immigration law classifies a DUI<\/h2>\n

The category matters most within a set time window. Under 8 U.S.C. \u00a7 1227<\/a>, 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.<\/p>\n

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.<\/p>\n

How one DUI and multiple DUIs affect eligibility<\/h2>\n

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.<\/p>\n

For citizenship, good moral character is evaluated on a case-by-case basis. Under 8 C.F.R. \u00a7 316.10<\/a>, 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. \u00a7 316.10<\/a> 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.<\/p>\n

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.<\/p>\n

If a DUI makes you inadmissible, a waiver may be available. Under 8 C.F.R. \u00a7 212.7<\/a>, an applicant who is inadmissible under a waivable ground may apply for the related waiver on the form USCIS designates.<\/p>\n\n

\"Desk<\/figure>\n

Effects on adjustment of status, naturalization, and existing green cards<\/h2>\n

Adjustment of status requires eligibility for the green card. Under 8 C.F.R. \u00a7 245.1<\/a>, 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. \u00a7 245.1<\/a> 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).”<\/p>\n

Citizenship works differently. A finding that you are not deportable is also not conclusive proof of good moral character, under 8 U.S.C. \u00a7 1427<\/a>.<\/p>\n

If your case goes to court, the government must prove deportability by clear and convincing evidence, under 8 C.F.R. \u00a7 1240.8<\/a>. You carry the burden on any relief you request. According to ICE’s adjustment of status guide<\/a>, an adjustment application in removal proceedings is made in immigration court before an immigration judge.<\/p>\n

Timing also matters. The date of a conviction, compared with your admission and the look-back periods, can change the result.<\/p>\n

What to gather before you speak with a lawyer<\/h2>\n

Gather your records before your first conversation. Exact documents and dates make the review faster and more accurate. Bring:<\/p>\n