DWI For Non-US Citizen Schenectady New York NY
Reader’s Question:
What does it mean if a crime involves moral turpitude? My friend’s boyfriend who is not a US citizen was charged with DWI in Schenectady, New York and he said that he was told that he could be deported if his DWI case involves moral turpitude.
Shirl
Schenectady, NY
Non US citizens could be deported if convicted of a crime which involves moral turpitude carrying a maximum possible sentence of one year or more. If your friend’s boyfriend would be convicted for DWI in Schenectady, New York, the conviction could result in problems for him seeking admission or readmission to the US. An ordinary DWI conviction alone by itself would not result in denial of immigration benefits. In general, an ordinary DWI conviction would not be considered as a crime involving moral turpitude. However, if it is combined with an aggravating factor, the DWI conviction would be treated as a crime involving moral turpitude.
If the DWI conviction is assessed to be an aggravated felony even if the conviction, fine or settlement didn’t involve a crime involving moral turpitude, it may have a severe impact and adverse affect on the immigration process including deportation and a bar to re-entry. Aggravated felonies are those which are violent or other crimes that result in sentencing of one year or more. A criminal offense violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years would also be considered as an aggravated felony. The alien could be deported even if the conviction was before the date the enactment of the specific ground of aggravated felony as a removable offense.
Tags: drunk driving laws, DWI, DWI lawyer, immigrant DUI
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