A DWI arrest can negatively impact an immigrant's status if they have a prior conviction under federal law. Fingerprints and photos from any arrest are kept permanently in a national database and can affect applications for immigration benefits like visas or work authorization. A criminal conviction, including cases resulting in probation, can lead to denial of entry into the US, deportation, or removal. While a single DWI often does not affect citizenship eligibility, other convictions combined with a DWI could threaten an immigrant's moral character determination and citizenship application. It is best to consult an immigration attorney to understand how a specific case may be impacted.

1. Consequences of a DWI On Immigration Status
A DWI arrest can potentially affect the immigration status for someone who
is not a citizen, and has a prior arrest record that resulted in a conviction as
defined by Federal law.
Whenever an immigrant is arrested, police take photographs and fingerprints
of them, which are then entered in a national database, known as NCIC. This
is a permanent record and can be accessed by the government whenever the
immigrant files an application for an immigration-related benefit, such as
visa renewal, work authorization, or asylum. Furthermore, a criminal
conviction on record can also lead to a denial of reentry into the United
States, as well as deportation or removal from the country itself.
Immigration law has a very broad definition of conviction that encompass
cases that typically would not be considered a conviction in Texas. Cases that
result in deferred adjudication, a form of probation, do not end in a
conviction under Texas law, as long as the defendant successfully completes
the supervision. Under federal immigration law that type of case disposition

2. is considered a conviction because it involves the judge imposing some form
of punishment on the liberty of the immigrant.
As far as whether or not an immigrant can be denied citizenship in the
United States due to a DWI conviction, the answer is typically no, provided
they do not have other convictions for felonies or cases that call into
question a person’s moral character such as theft, prostitution or assault on
a family member. However, there are other instances in which citizenship
can be denied on the basis of such a conviction if it is on the immigrant’s
record. Every case is different and the best thing to do is consult with an
experienced immigration attorney to discuss the facts of your case.
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