Will a Texas DWI Affect Immigration Status?

According to reports, about 1 in 4 Houstonians are immigrants—and their numbers grow every year. Immigrants are valued members of our community. Nonetheless, immigrants have unique considerations when they are arrested on suspicion of committing a crime. In particular, they might face deportation from the U.S.

The good news is that most Texas DWI charges will not result in deportation. However, it’s still possible depending on the specific charges and facts of your case. Furthermore, criminal convictions of any kind could play a role if you are a DACA recipient or if you are trying to adjust your status to become a green card holder. We strongly encourage anyone arrested for DWI to reach out to Tad Nelson & Associates today.

DWI & Deportation

The federal government is empowered under the Immigration and Naturalization Act to remove a non-citizen if he or she is convicted of certain crimes.

These are called “deportable crimes” in the legal trade and most involve fraud, domestic violence, firearms trafficking, and drug offenses. Aggravated felonies are usually deportable offenses as well.

Generally, a first DWI will be charged as a Class B misdemeanor in Texas. This means you should not be deported even if convicted. But you could face problems depending on other aggravating factors:

• Drug DWI (DUI). Drug offenses are deportable, so a drug DWI will likely lead to deportation.
• Intoxication Assault. If you are driving drunk and seriously hurt someone, you can face intoxication assault charges. This violent offense could lead to deportation.
• Intoxication Manslaughter. Anyone who kills another person while driving drunk faces second-degree felony charges. This is also the type of violent crime that can lead to deportation.

DWI & Changing Immigration Status

Many immigrants dream of becoming legal permanent residents (getting a green card). Criminal history comes into play. In particular, the government will analyze whether you are “admissible” or whether you are inadmissible based on certain crimes.

Multiple criminal convictions are a reason to find you inadmissible, which means someone with multiple DWIs could be refused a green card. Even worse, you might not get a waiver of inadmissibility because of multiple convictions. We strongly encourage those seeking to become green card holders to meet with an attorney before pleading guilty to a DWI charge.

DWI & DACA

President Obama created a program for undocumented migrants who were brought to the U.S. as children. Called DACA, this program deferred the deportation of those who qualify. However, criminal convictions can lead to the revocation of DACA status, and the law defines DWI as a significant misdemeanor.

Consequently, a DACA recipient arrested for even a first-time DWI should quickly reach out to legal counsel. A conviction could result in your deportation.

Arrested for Drunk Driving in Houston?

Schedule Your Consultation with Tad Today!

If you’re facing criminal charges for DWI in Houston, contact Tad Nelson & Associates today. You owe it to yourself and your family to fight these charges.

Immigrants face unique challenges in the criminal justice system, and we provide sympathetic representation to those hoping to improve their lives. Give us a call to schedule a consultation.