Green Card Holder With a DUI? Get Clear Answers Before You Decide.

Short Answer: Can You Keep or Renew a Green Card With Two DUIs?

There is no single yes-or-no answer to “Can I get my green card with 2 DUI?” The result depends on the facts of each case, and no outcome can be promised. Immigration reviews look at your criminal record as a whole. The dates, charges, and final outcomes of both cases all matter.

This page gives general information for people in South Florida, including Miami-Dade and Broward counties. It is not advice on your own file. Patrick Wilson Law is a Miami criminal defense firm that focuses on DUI defense and criminal defense for non-citizens. Patrick David Wilson is the responsible lawyer for this page. Past results do not predict or promise any outcome.

Arrest vs. Conviction: Why the Difference Matters

An arrest is not the same as a conviction. The final court outcome in each case is the record that matters most.

Florida law limits how a DUI case can end. Under Fla. Stat. § 316.656, no court may suspend, defer, or withhold adjudication of guilt for a DUI under section 316.193. Many people believe a withhold keeps a case off their record. For a Florida DUI, that protection does not exist.

Get certified court records for both cases. Read the final disposition line in each one. Don’t rely on memory or a friend’s summary, because a small detail in the order can change the answer on a form.

Why Two DUIs Draw More Scrutiny Than One

A second DUI can lead to a closer look at your full criminal history. Florida penalties rise with each conviction. Under Florida law, a first DUI conviction carries up to 6 months in jail. A second carries up to 9 months and a fine of $1,000 to $2,000. A third within 10 years is a third-degree felony.

Federal law also looks at multiple convictions. A non-citizen who has been convicted of 2 or more offenses (other than purely political offenses), regardless of whether they involved moral turpitude or arose from a single scheme of misconduct, with aggregate sentences to confinement of 5 years or more, is inadmissible under 8 U.S.C. § 1182. Whether a particular DUI counts as that kind of crime is a question for a lawyer who reads both records.

Timing matters too. The dates of each conviction, and how the two cases relate, are part of the review. A time period alone does not settle the question. Two cases resolved in different ways can read very differently, so review them together.

Green Card Renewal, Citizenship, Re-Entry, and Travel

Renewing a green card and applying for citizenship are separate filings. Each one asks about arrests and convictions, so treat every form on its own.

Applications ask you to disclose arrests and convictions. Your answers must match the court records exactly. A guess about a date or a charge name can create a problem of its own.

Re-entry is different from renewal. Border screening checks records, so a prior DUI can come up when you return. Federal law also sets grounds that make a non-citizen ineligible to be admitted. See 8 U.S.C. § 1182 for the general rule.

Canada is a separate question. Canadian authorities make their own entry decisions. Their rules on impaired-driving history can differ from U.S. rules. Check before any trip, even if the DUI was many years ago.

Steps to Take Before You File or Travel

Start with the paperwork. Gather every court record, police report, and final order for each DUI. Keep any probation or course completion papers. Florida DUI sentences include probation: for a first conviction, the court must place the defendant on probation for a period not to exceed 1 year.

Use the court records as your source for every date and charge. Don’t fill in a form from memory.

Do not sign a filing or plan international travel until both records have been reviewed together.

Understand the immigration effect before any plea. Under Fla. R. Crim. P. 3.172, a guilty or no contest plea may change immigration status, including deportation or removal, even when adjudication is withheld. The court should advise the defendant to consult counsel on that question.

Write down your questions and any immigration deadlines. Bring that list to a first meeting.

How Patrick Wilson Law Can Help With Your DUI Record

Patrick Wilson Law is a Miami criminal defense firm. It focuses on DUI defense and criminal defense for non-citizens, with clients across South Florida from Broward County to the Keys. Patrick David Wilson is the responsible lawyer for this page.

Immigration applications are decided by federal immigration agencies. A filing may need to be handled by a separate immigration lawyer. Our team will explain whether that applies to your case.

If two DUIs have put your green card renewal or citizenship plans in doubt, you don’t have to sort it out alone. Contact our team or call 786-761-1719 for a free, confidential first consultation with no obligation to continue.