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Will a NJ DUI 39:4-50 affect my green card or citizenship application?

I am invited to lecture at the DWI institute to attorneys about the immigration consequences of a DUI conviction.  Since that seminar is just for attorneys and because the information is so important, I am making this video series for you. In my first article, “Immigration Consequences of a DUI,” I defined for you a Crime of Moral Turpitude (CIMT).  I also explained that a “Crime of Violence” is considered an aggravated felony for immigration purposes.  I also explained although no DUI is “simple,” a DUI without any aggravating factors is not a CIMT or a “Crime of Violence. Today, I am giving an example of an effect for even a “simple” DUI on your immigration status.

Effect of DUI on Naturalization and Adjustment of Status

Without aggravating factors, a “simple” DUI won’t result in being removed from the U.S.  But it may prevent you from becoming a U.S. citizen or adjusting your status.  In order to achieve legal status in the U.S. or to become a U.S. citizen, you must have a good moral character.  Any criminal history, including a simple New Jersey DUI, could affect your ability to adjust your status or to naturalize.

Generally, a single conviction will not result in an automatic denial of your application.  But, if the DUI is combined with other problems, you could have a difficult time.  You may have to show rehabilitation.  For example, joining a support group or going to rehab.

I always order a criminal background for my clients and complete driver’s abstract, before filing any application.  You want to find any issues and prepare for them, before you apply for legal status or to become a U.S. citizen.  A DUI conviction 39:4-50 is one of those issues that give me pause when reviewing a client’s ability to adjust or become a U.S. citizen.

So What Do I Do?

If you live out of New Jersey and received a ticket/DUI in Monmouth or Ocean Counties, you can

  1. Download our free traffic ticket book  “Why Pleading Guilty to your New Jersey Traffic Ticket is NOT an option by clicking on the title,”
  2. Download our DUI book, “Arrested for Drunk Driving?  Learn How to Beat the Odds,”
  3. On the menu on the right you will find our immigration books including a tool to help you figure out if you qualify for legal status,
  4. You contact me through this site or the chat feature; or
  5. You can call our knowledgeable staff at 888-695-6169.

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