The capability to stay in the country may be determined by whether the charges end in conviction or a not-guilty verdict. Other factors that may alter the status of a resident may include if any other crimes are committed with the DUI violation or after the violation occurred.
When a person enters the country, he or she has a provisional stay in most instances. Securing citizenship often takes time and much paperwork along with a reason for the person to remain in the country. Because of the provisional status, the constant fear of deportation is a very real threat. In some instances, any single crime may tip the balance into deportation from the United States. This requires the person to return to his or her previous country or another that may accept him or her. Reentry may be possible after these actions, but it becomes much more difficult usually.
How to Get Deported
The conditional agreement when entering the United States is often based on certain factors. These may include a secure line of work, relatives in the country, because of certain situations in the person’s native country when seeking asylum, marriage and other similar conditions. During the process of provisional citizenship, the United States agencies screen these individuals for criminal history, moral character, an agreement to stay at work and an agreement to remain peaceful with no crimes committed. Violations of these stipulations may lead to deportation from the country.
When a person has initiated immigration from their original country to the United States, deportation may occur when any crime considered morally depraved is committed. This usually is deemed one of felony level with violence attached. These may include homicide, manslaughter, rape with or without violence attached, assault crimes, causing disorder and mayhem, large thefts and conspiracy to commit certain crimes. When compared to these harsher and worse crimes, a misdemeanor DUI may not be a concern. In many instances it is only when DUI violations include other crimes or when they are elevated to felony level charges that deportation is a risk. However, being considered a habitual drunk is usually grounds for removal.
Exceptions Causing Deportation
Aggravating factors that cause DUI violations to become harsher may lead to a deportation. These aggravating circumstances often include harsher crimes attached to the initial charge of DUI. The added crimes are usually those of manslaughter, vehicular accidents leading to severe injury and assault with the person’s vehicle. In many instances, the intoxicated driver is either well past the national limit of .08 blood alcohol content percentage, or he or she intended to harm others when driving. Impairment when driving with a legal classification as drunk may cause lapses in judgment or sensory deficiency enough to cause collisions with extensive damage to both property and person. Other factors that may lead to the deporting of the individual often include multiple DUI convictions over the course of a certain amount of years depending upon the state he or she resides. Any additional convictions may cause a work visa to be revoked with leads to the loss of employment in general. The added convictions may also cause the loss of what is considered good moral character which is a requirement in many cases to remain in the United States.
For DUI convictions involving drugs to include marijuana, immigration may be threatened. DUI charges involving drugs may cause severe penalties that could lead to deportation. However, when the drug is marijuana, there is some controversy whether this may affect citizenship heavily. The drug is becoming less important when involved in crimes due to changing attitudes by both American citizens and government officials.