Empowering Immigrants, Strengthening America
Usually not on its own. A first-offense driving while intoxicated (DWI) case in New Jersey is neither a crime of moral turpitude nor an aggravated felony, so it rarely supports a removal charge by itself. However, aggravating facts and repeat offenses change that quickly. DeCosmo Law helps Camden drivers see how a DWI fits into their broader New Jersey immigration case.
What Is the Impact of a DUI on Deportation and Green Cards?
Officers and judges sort drunk driving cases by what else was happening at the time. The same charge can be harmless or case-ending depending on the surrounding facts:
- Simple First-Time DWI: A standard first offense with no injury and no companion charges generally does not make you deportable or block a green card. However, it stays visible in your file.
- Aggravating Factors: Driving on a suspended license, causing injury, or having a child in the vehicle can push the case into the territory of a crime of moral turpitude or child endangerment.
- Multiple Offenses: A second or third DWI reads as a pattern rather than a mistake, and it can support a discretionary denial even when no removal ground technically applies.
Discretion carries real weight in these decisions. An officer with the authority to approve or deny will review the entire driving history, not just the most recent stop.
What Is the Impact of a DUI on Citizenship and Naturalization?
Naturalization requires good moral character during the statutory period, which runs 5 years for most applicants and 3 years for those married to U.S. citizens. New Jersey classifies driving while intoxicated under N.J.S.A. 39:4-50 as a motor vehicle violation rather than a crime, so a first DWI leaves no criminal conviction record at all, which is why it usually will not sink a citizenship application, even though the officer will still see it and still ask.
Two or more DWIs inside the good moral character period receive significantly different treatment. Federal guidance directs officers to presume a lack of good moral character when an applicant has multiple convictions for driving under the influence, and rebutting that presumption takes substantial evidence.
DUI Impact on Visa and Re-Entry Issues
Visa holders face a separate problem unrelated to the criminal outcome. The U.S. Department of State can revoke a visa based on a DWI arrest alone, without waiting for any conviction, when the arrest happens after the visa was issued.
Customs officers at Philadelphia International Airport and Newark Liberty International Airport also have broad discretion at the border. A visible alcohol-related record can lead to secondary inspection, extended questioning, and, in some cases, a required medical examination for alcohol dependence.
Bring Your DWI and Your Immigration Questions to One Place
A drunk driving case rarely ends a lawful immigration path on its own. However, a wrong assumption about that can cost you a green card or a citizenship approval. DeCosmo Law is a boutique immigration firm whose bilingual attorneys bring a combined 80 years of experience to cases sitting on the intersection of criminal and immigration law. Call (856) 361-2122 or set up a consultation about your DWI with our Camden-area office.