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Adjusting Status with a DUI or Reckless Driving Conviction

Posted on:8/13/2012
Adjusting status with a DUI or reckless driving conviction can be complex. Your application for adjustment of status can be denied.


Adjusting status with a DUI or reckless driving conviction can be complex. Your application for adjustment of status can be denied.

If you have been convicted, it means that you have been found guilty by a jury or judge or that you pleased guilty and the judge has sentenced you to some penalty - imprisonment, fine, community service, probation, etc. It does not matter whether you actually serve the sentence. Even if the sentence is suspended, it will be considered as conviction. For the purpose of immigration an alien will be considered as convicted of an offence even when there is no formal conviction. Merely participating in a diversion program is sufficient. Aliens who have been convicted of crimes involving mortal turpitude can be denied adjustment of status.

DUI is the short form for driving under the influence. If your Blood Alcohol Concentration is 0.08% or more and you are caught operating a vehicle, you will be charged with DUI. If you drive in a manner that endangers the lives of others on the road, you will be charged with reckless driving. A crime involving moral turpitude must have an intent requirement.

DUI and reckless driving do not require any intent. Generally DUI and reckless driving will not be treated as a crime involving moral turpitude. However if you commit both offenses together or one of them combined with aggravating factors like driving without a valid driver’s license, it will be  a crime involving moral turpitude. 


  
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