Criminal

DWI and Immigration

1. Revocation of a nonimmigrant visa following a DWI conviction
The recent trend of “prudential revocation” has played out in multiple ways. After a DWI conviction, nonimmigrant visa holders may be forced to turn in their passport and their visa is revoked. Others may be told they must leave the country, even if their travel permit has not yet expired. A DWI conviction can also be a possible visa ineligibility ground—revoking a current travel visa and barring being granted future travel visas. This primarily applies to a DWI conviction within the past five years.

2. Provisional Waivers and DWIs
If an applicant for provisional waiver has a DWI condition, they should file their wavier strategically. The best time to apply for a provisional waiver is after probation has been successfully completed, if any. If any rehabilitation conditions, such as Alcoholics Anonymous, were assigned by the court, a waiver will be most effective after these programs have been completed.

3. TPS and DWIs
Eligibility for TPS will be lost after one felony conviction, or two misdemeanor convictions. One misdemeanor DWI alone will not bar eligibility for TPS.

Francisco Hernandez

Author Francisco Hernandez

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