A DUI/DWI conviction is generally not a criminal offense that will lead to deportation of a legal permanent resident (green card holder)—but such a conviction may make it very difficult to become a naturalized U.S. citizen. This is primarily because “good moral character” is a requirement for U.S. citizenship.
And although a DUI/DWI is generally not a deportable offense, a DUI/DWI that (1) is an aggravated felony offense, (2) is related to the illegal use and possession of controlled substances (drugs), or (3) is a crime involving child neglect (which may include a DUI/DWI when there is a child in the vehicle) may be deportable offenses.
And if a person on a student visa—whether an F-1 (academic student) or M-1 (vocational student)—is arrested for DUI/DWI, the temporary, nonimmigrant student visa may be revoked.
In New Jersey, a DUI/DWI (driving under the influence/driving while intoxicated) conviction is typically considered a traffic offense rather than a criminal offense. However, for legal permanent residents (green card holders), a DUI/DWI can have serious immigration consequences. While a single DUI/DWI may not automatically lead to deportation, it can impact the ability to demonstrate 'good moral character,' a requirement for naturalization as a U.S. citizen. Certain aggravating factors, such as a DUI/DWI that is classified as an aggravated felony, involves controlled substances, or includes child endangerment (for example, if a child is present in the vehicle during the offense), could make the offense deportable. Additionally, nonimmigrant visa holders, such as those on F-1 or M-1 student visas, may face visa revocation if arrested for a DUI/DWI. It's important to note that immigration law is federal, so while New Jersey's classification of DUI/DWI affects state-level consequences, federal immigration authorities apply their own criteria for determining deportability and visa status.