How a DWI Conviction Can Impact Your Immigration Status
If you’re not a U.S. citizen and were arrested for DWI in Galveston or anywhere in Galveston County, the consequences stretch far beyond a fine, probation, or a night in jail. For non-citizens — especially those here on work visas, green cards, or illegally in the country— a conviction for DWI can shake the very foundation of your ability to live, work, or remain in the United States.
I’m attorney Amber Spurlock. I’ve spent years defending people from all walks of life — including lawful permanent residents, international students, visa holders, and undocumented immigrants — and I’ve seen firsthand how devastating even a single DWI charge can be when immigration is involved.
What Happens to Non-Citizens Charged With DWI in Texas?
Texas doesn’t treat immigrants differently in state court. But when federal immigration law gets involved, things get complicated — fast. After a DWI arrest, your fingerprints and charges are reported to federal databases. Immigration and Customs Enforcement (ICE) may be notified, especially if you’re undocumented or have a prior immigration-related issue.
Here’s the problem: many people assume that a misdemeanor DWI won’t affect their immigration status. That’s a dangerous misunderstanding. While a single, simple DWI may not be classified as a “deportable offense,” it can still lead to:
- Visa revocation or denial of visa renewal
- Green card renewal delays or denials
- Inadmissibility in future applications
- ICE detention and removal proceedings (especially for repeat offenses or if aggravating factors are involved)
DWI + Aggravating Factors = Bigger Immigration Risks
A first-time DWI without injury or property damage is serious, but manageable with a solid defense. However, once aggravating factors enter the picture, the immigration consequences become far more severe.
Some red flags include:
- DWI with a child passenger
- DWI with serious bodily injury or death (Intoxication Assault or Intoxication Manslaughter)
- Repeat DWI offenses
- Driving without a license or insurance
- Possession of drugs or a firearm at the time of arrest
Each of these can trigger what’s known as a “Crime Involving Moral Turpitude” (CIMT) or be classified as an aggravated felony. These are immigration buzzwords — and if they apply to your case, you could be placed into deportation proceedings even without a formal conviction.
What If You’re Applying for a Green Card or Naturalization?
A DWI charge is a huge red flag when you’re applying for a green card or U.S. citizenship. One of the primary requirements for naturalization is proving “good moral character” during the statutory period before your application.
You may be denied citizenship even if the DWI didn’t result in jail time.
USCIS officers review criminal history thoroughly. A recent conviction or even an arrest (if not properly dismissed) can cause major delays — or outright denial — of your application.
Can I Still Fight My DWI and Protect My Immigration Status?
Yes, and you absolutely should.
When your immigration status is on the line, pleading guilty without fully understanding the immigration impact is one of the most dangerous decisions you can make. You must work with both a seasoned criminal defense lawyer and, if applicable, an immigration attorney.
At Tad Nelson & Associates, we know what’s at stake. We explore every avenue for dismissal, charge reduction, or pre-trial diversion — strategies that can help protect your future in this country. If your case can be resolved without a conviction on record, your immigration chances improve dramatically.
Why Choosing the Right Galveston DWI Lawyer Matters
Not every lawyer understands the deep intersection between Texas criminal law and federal immigration law. That’s why you need someone with extensive experience fighting DWI cases in Galveston County, League City, and surrounding areas — someone who understands how to handle local judges, prosecutors, and the unseen immigration traps that can derail your life.
At Tad Nelson & Associates, we’re proud to offer comprehensive criminal defense representation, and when needed, we’ll coordinate with immigration counsel to protect everything you’ve worked so hard for.
Take Action Today Before It’s Too Late
Whether you’re here on a work visa, a green card, or undocumented — don’t take chances. A DWI charge in Galveston isn’t just a traffic offense. It can be the tipping point that causes a green card denial, visa cancellation, or even removal from the country.
Call (409) 904-0407 to schedule a confidential consultation with a DWI defense attorney who understands the stakes.
Or use our secure contact form to get started.