Criminal Defense Attorneys for Immigration DUI in Illinois

The implications for a drunk driving conviction in Illinois are serious for anyone, but individuals working through the U.S. immigration system face extremely harsh consequences. A court may sentence you to the typical sanctions for a DUI, including driver’s license suspension, fines, and jail time. However, your immigration status is also at risk any time you have contact with the law. You could be considered inadmissible, or even deported for a DUI

Post-conviction relief lawyer Jonathan Minkus is committed to providing legal advice and assistance to clients in your situation, who must confront both a DUI conviction and the impact upon the immigration process. U.S. and Illinois law do offer options to address your drunk driving conviction so that a criminal conviction does not impair your status, but the process and eligibility factors are extremely complex. Mr. Minkus has extensive knowledge of the law and more than 30 years of experience in post-conviction relief, specifically as the proceedings relate to immigration.

Please contact our offices in Chicago, IL or Skokie, IL to schedule a case assessment on the specifics of your situation. You may also find it helpful to review some general information on post-conviction relief in Illinois, as it pertains to immigration.

DUI Conviction and Immigration Cases

There are three potential outcomes related to immigration if you are convicted of drunk driving:

• Deportation, which means you could be officially removed from the US;
• Denial of Admissibility, where authorities could prevent you from entering or staying in the US; or,
• Denial of Citizenship, preventing you from ever becoming a citizen of the US.

The determining factor in which of these penalties you face depends upon where you are in the immigration process.

Post-Conviction Relief for DUI

Fortunately, you do have options to protect your immigration status after you were convicted on a DUI charge. Even individuals who have a criminal conviction in their pasts may submit an Application for Waiver of Grounds of Inadmissibility. There are two options:

Waiver as a Non-Immigrant

In determining whether to issue a non-immigrant waiver after a DUI conviction, U.S. immigration officials will review such factors as:

• The severity of the crime for which you were convicted;
• Your motivation for coming to the US; and,
• Whether the crime puts the U.S. or its citizens at risk of harm.

Immigrant Waivers

You are also eligible for the waiver process as an immigrant with a DUI conviction, but you must demonstrate that you have a “qualifying” relative who:

• Is your spouse, a parent, or a child;
• Is a U.S. citizen or lawful permanent resident; and,
• Would suffer hardship if you were not allowed to remain into the US.

Discuss DUI Post-Conviction Relief Options with a Skilled Criminal Defense Lawyer

Attorney Jonathan Minkus has represented many immigrant clients who need post-conviction relief after a DUI conviction. To discuss eligibility for waivers or other options, please call our office at (847) 966-0300 to schedule a free consultation. You can also visit our website for more information on our criminal defense and post-conviction relief legal services.