The Effect of DUIs on Obtaining Immigration Benefits

U.S. Citizenship and Immigration Services (USCIS) has recently updated its policy guidance to clarify that two or more DUI convictions will prevent a foreign national from showing “good moral character” for immigration benefits, such as naturalization and cancellation of removal. In order to overcome the negative impact of multiple DUIs, the foreign national will have to show substantial compelling evidence of good moral character that outweigh the DUIs. Efforts to reform or rehabilitate after the DUI offenses are not considered sufficient.  In short, the foreign national will need to show the multiple DUI offenses are an aberration. 

The updated guidance incorporates a recent decision by the Attorney General (“AG”) in which the foreign national had multiple DUIs and the Immigration Judge (“IJ”) granted cancellation of removal, finding that the foreign national’s rehabilitation efforts helped satisfy the good moral character requirement.  The IJ reasoned that while he was “troubled by the alcohol-related convictions, they were outweighed by [the applicant’s] work history, his support for his family, and especially his rehabilitation efforts related to his previous alcohol abuse.” The Board of Immigration Appeals reversed the IJ’s grant and the AG referred the case to himself to set precedent on this issue. The AG agreed with the BIA, and held that two or more DUIs disqualify a person from showing good moral character absent substantial countervailing evidence. The AG determined that efforts to rehabilitate are not enough and upheld the reversal of the IJ’s grant. 

In this decision, the AG also noted that, setting aside the good moral character determination, a person with multiple DUIs is likely to be denied relief as a matter of discretion.  This could affect applicants for adjustment of status who are not statutorily required to show good moral character, but who need to show they qualify for permanent residence as a matter of discretion. 

With the upcoming holidays, please use good judgment and make sure you arrange for a designated driver if you plan on drinking.  If a mistake is made, please call me right away so we can discuss next steps.

Wishing you a wonderful holiday season and all the best for 2020! 

This alert is for informational purposes only.