How a DUI Charge Can Affect U.S. Immigration Status for Non-U.S. Citizens
A DUI Arrest Could Put Your Immigration Status at Risk
If you’re a non-U.S. citizen living in Pennsylvania and you’ve been arrested for driving under the influence (DUI), the legal consequences go far beyond fines and license suspension. A DUI conviction can severely impact your immigration status — jeopardizing green card renewals, visa applications, or even leading to detention or deportation.
At Saadzoi Law, we understand the unique challenges immigrants face in the criminal justice system. Our firm has helped hundreds of individuals navigate both criminal and immigration law, successfully litigating cases and helping free people of criminal charges while keeping their green cards and U.S. visas.
The Escalating Impact of DUI Charges on Non-Citizens
In 2025, the intersection of DUI charges and immigration status has become increasingly perilous for non-U.S. citizens. Under Pennsylvania law (75 Pa.C.S. § 3802), DUI offenses are taken seriously, and when coupled with the federal government’s heightened immigration enforcement, the consequences can be severe.
Non-citizens, including green card holders, visa holders, and undocumented individuals, may face:
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Detention by ICE: Even minor DUI offenses can lead to detention by Immigration and Customs Enforcement.
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Deportation Proceedings: A DUI conviction may trigger removal proceedings, especially under the expanded criteria of the Laken Riley Act.
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Inadmissibility: Future applications for visas or permanent residency can be denied based on DUI convictions.
Our DUI Attorneys and Immigration Lawyers are Here to Help
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Delaware, Bucks, Chester & Montgomery Counties
How DUI Charges in Pennsylvania Affect Immigrants
Under Pennsylvania DUI laws (75 Pa.C.S. § 3802), you can be charged with DUI if your blood alcohol content (BAC) is 0.08% or higher, or if you’re impaired by drugs or alcohol while operating a vehicle.
For immigrants, even a first-offense DUI can trigger serious consequences depending on your status:
1. Undocumented Immigrants
- A DUI charge may lead to an ICE detainer if you’re arrested.
- Local police may cooperate with federal immigration authorities, especially in Bucks, Montgomery, and Berks Counties.
- ICE may initiate removal (deportation) proceedings regardless of whether you are ultimately convicted.
2. Legal Permanent Residents (Green Card Holders)
- A DUI could threaten your ability to renew your green card.
- Convictions may be considered “crimes of moral turpitude” or evidence of poor moral character during naturalization proceedings.
- Aggravating factors, such as driving with a child in the car, repeat DUI offenses, or involvement in an accident, can elevate the risk of immigration consequences.
3. Visa Holders (Work, Student, Visitor)
- DUI arrests are reported to immigration authorities, which can lead to visa revocation or inadmissibility if you attempt to re-enter the U.S.
- The U.S. State Department has the discretion to cancel non-immigrant visas after a DUI arrest under certain circumstances, even if charges are pending and not yet resolved.
Saadzoi Law is Here to Help
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610-566-5956
DUI and Deportability: Is DUI a Deportable Offense?
Generally, a simple first-offense DUI with no aggravating factors is not automatically a deportable offense. However, certain conditions can make a DUI a removable (deportable) offense under the Immigration and Nationality Act (INA):
- Multiple DUI convictions;
- DUI combined with drug charges;
- DUI accident with serious bodily injury or death, and;
- A conviction under laws involving controlled substances.
Under INA § 237(a)(2), any alien convicted of two or more crimes involving moral turpitude (CIMT) is deportable, and INA § 212(a)(2) makes someone inadmissible for such offenses. Some immigration judges and prosecutors may attempt to argue that DUI with aggravating circumstances fits this definition.
Understanding the Laken Riley Act’s Implications
Signed into law in January 2025, the Laken Riley Act mandates the detention of non-citizens charged with certain offenses, including those resulting in serious bodily injury or death—categories under which DUI offenses can fall. This legislation has broadened the scope of deportable offenses, making it imperative for non-citizens to seek legal counsel immediately upon facing DUI charges.
How Saadzoi Law Can Help
Your Advocate in Challenging Times
Attorney Saadzoi is an experienced immigration lawyer and criminal defense attorney who offers aggressive legal representation for immigrants accused of DUI in Pennsylvania.
Attorney Saadzoi has years of experience successfully helping clients get their DUI charges reduced, dismissed, and resolved.
At Saadzoi Law, we recognize the unique challenges non-citizens face in the current legal climate. Our approach includes:
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Case Review and Defense Strategy: We assess the DUI charge, review police conduct, and evaluate the possibility of dismissal or reduction of charges. We scrutinize every aspect of your DUI case to identify defenses and mitigate consequences.
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Immigration Impact Assessment: Every criminal decision has an immigration consequence. We work to resolve your DUI and protect your status.
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Post-Conviction Relief: If you’ve already been convicted, we explore appeals, motions to vacate, or pardons that can reduce immigration consequences.
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Removal Defense: If you’re facing deportation due to a DUI, we will fight for cancellation of removal, waivers, or adjustment of status where eligible.
Saadzoi Law is Here to Help
Call for a Free Consultation
610-566-5956
Don’t Let a DUI Destroy Your Future
Getting arrested is terrifying. For immigrants, it’s more than just court dates—it’s your home, your family, and your future at stake.
But not all hope is lost.
Even in harsh legal environments, there are ways to fight DUI charges and avoid removal. Many cases involve improper traffic stops, unreliable breathalyzer results, or violations of your constitutional rights. These issues may lead to reduced charges or even dismissals.
At Saadzoi Law, we use every available tool to protect your immigration status and keep your family together.
Resources for Non-Citizens Facing DUI Charges
- Pennsylvania DUI Laws
- U.S. Immigration and Customs Enforcement (ICE)
- U.S. Citizenship and Immigration Services (USCIS)
- American Immigration Lawyers Association (AILA)
Schedule a Confidential Consultation Today
If you or a loved one has been charged with DUI and you’re concerned about your immigration status, call Saadzoi Law today. We will meet with you confidentially, explain your rights, and craft a legal strategy tailored to your unique situation.
📞 Call Now: (610) 566-5956
Why Choose Saadzoi Law?
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Deep experience in both criminal and immigration law
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Fluent in multiple languages for better communication
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Compassionate, aggressive defense for immigrant families
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Personalized strategies to help you stay in the U.S. legally
Don’t face the courts or immigration system alone. Let Saadzoi Law be your advocate when your future is on the line.