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Can a green card be revoked for DWI

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Can My Green Card Be Revoked If I’m Convicted of a DWI?

In short, the answer is yes. A green card serves as a reflection of your “permanent resident” status in the U.S. However, a green card can be revoked if you are convicted of specific crimes, including DWIs.

If you are convicted of a New Hampshire DWI, the revocation will not occur immediately. In the first phase of the process, you would be formally summoned to an immigration court to begin removal proceedings. Here, an immigration judge would hear your explanations and would determine whether or not your green card should be revoked. If your green card is revoked, then you will be deported.

In and of itself, having one or more driving while intoxicated convictions on your record is sufficient to meet the deportation requirements established by immigration laws. This list is complicated and extensive; however, depending upon the facts surrounding your case, a single DWI can make you become deportable.

Whether or not you are deported will depend primarily upon the aggravating factors involved in your case. For example, these factors might include having a child present in your automobile or driving on a suspended driver’s license. These types of conditions can lead the United States Citizenship and Immigration Services to determine you have committed a crime involving “moral turpitude”. A crime of moral turpitude (CMT) is, by itself, sufficient to have a person deported if the crime occurs within five years of the date the individual was admitted into the United States and if the crime carries a potential prison sentence of at least one year in your home state. In the state of New Hampshire, it does.

A person who already has one crime of moral turpitude on their record will be at greater risk of deportation if they are convicted of a second offense. If an individual is convicted of a DWI that is drug related, rather than alcohol related, this significantly increases their chances of deportation. Their green card could be revoked on the grounds that an offense related to a controlled substance was committed.

In a similar fashion, if an accident were to occur because of your DWI and a person was grievously injured as a result, additional criminal charges of negligent homicide or aggravated assault could create further deportability issues. So far, New Hampshire courts have not classified such incidences as “crimes of violence”, but this is yet another ground for deportability. With a harmful enough incident, it is not overreaching to assume that the NH court system and USCIS would invoke this portion of the law.

Could I Be Caught by the USCIS?

The answer is yes. It is not uncommon for USCIS agents to visit state prisons to observe whether or not non-citizens are being imprisoned. When deemed appropriate, they will initiate deportation proceedings. Cooperation between immigration officials and law enforcement agencies is becoming increasingly common, and in recent years, deportation of convicted criminals has becoming more and more common in an effort to alleviate overcrowding in the American prison system.

Even if you are not sentenced to prison, the simple act of applying for U.S. citizenship will lead the USCIS to review your criminal record, including your DWI conviction. Not only can this lead them to deny your citizenship application, but if they deem it appropriate, they will initiate removal proceedings.

Speak to an Experienced DWI Attorney

Any DWI conviction in the state of New Hampshire carries serious consequences, but for state citizens who hold a green card, the stakes are even higher and the ramifications greater. Multiple DWI convictions can lead the USCIS to begin deportation procedures. The best method of avoiding this frightening experience is to avoid receiving a DWI conviction in the first place.

The ideal method is to avoid drinking and driving altogether, but at our law firm, we understand that mistakes do happen. To afford yourself the maximum amount of possible protection, you should speak to one of our experienced NH DWI attorneys immediately, ideally before your first court appearance. Each of our caring attorneys will guide you through the process and work closely with you to achieve the most favorable outcome in your case.

Your initial consultation is free, so please contact us today. We look forward to working with you.

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N.H. DWI Lawyers Address: Dan Hynes 206 Fair St. Laconia NH 03246 Phone: 603-384-3264