{"id":6832,"date":"2026-10-26T01:49:47","date_gmt":"2026-10-26T01:49:47","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/dui-defense-attorney\/can-i-get-my-green-card-with-2-dui\/"},"modified":"2026-10-28T08:31:01","modified_gmt":"2026-10-28T08:31:01","slug":"can-i-get-my-green-card-with-2-dui","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/dui-defense-attorney\/can-i-get-my-green-card-with-2-dui\/","title":{"rendered":"Green Card With 2 DUIs? Miami Non-Citizen Guide"},"content":{"rendered":"\n
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Non-Citizen Criminal Defense | Miami, FL<\/p>

Green Card Holder With a DUI? Get Clear Answers Before You Decide.<\/h1>

Patrick Wilson Law, PLLC defends non-citizens in Miami-Dade, Broward County and the Florida Keys. How a criminal case is resolved can affect your immigration status, so the details matter from the start.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Patrick David Wilson \u00b7 Published October 25, 2026<\/p>\n\n

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Short Answer: Can You Keep or Renew a Green Card With Two DUIs?<\/h2>\n

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.<\/p>\n

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.<\/p>\n\n

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If two DUIs have put your green card renewal or citizenship plans in doubt, you don't have to sort it out alone; call 786-761-1719 or leave us a message for a free, confidential first consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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Arrest vs. Conviction: Why the Difference Matters<\/h2>\n

An arrest is not the same as a conviction. The final court outcome in each case is the record that matters most.<\/p>\n

Florida law limits how a DUI case can end. Under Fla. Stat. \u00a7 316.656<\/a>, 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.<\/p>\n

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.<\/p>\n

Why Two DUIs Draw More Scrutiny Than One<\/h2>\n

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.<\/p>\n

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. \u00a7 1182<\/a>. Whether a particular DUI counts as that kind of crime is a question for a lawyer who reads both records.<\/p>\n

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.<\/p>\n

Green Card Renewal, Citizenship, Re-Entry, and Travel<\/h2>\n

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.<\/p>\n

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.<\/p>\n

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. \u00a7 1182<\/a> for the general rule.<\/p>\n

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.<\/p>\n

Steps to Take Before You File or Travel<\/h2>\n

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.<\/p>\n

Use the court records as your source for every date and charge. Don’t fill in a form from memory.<\/p>\n

Do not sign a filing or plan international travel until both records have been reviewed together.<\/p>\n

Understand the immigration effect before any plea. Under Fla. R. Crim. P. 3.172<\/a>, 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.<\/p>\n

Write down your questions and any immigration deadlines. Bring that list to a first meeting.<\/p>\n\n

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How Patrick Wilson Law Can Help With Your DUI Record<\/h2>\n

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.<\/p>\n

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.<\/p>\n

Can a DUI be sealed or expunged in Florida?<\/summary>

Sealing and expunction have strict eligibility rules. A petition must include a certificate of eligibility from the Florida Department of Law Enforcement, and the court may still deny it.<\/p><\/details>

Does a withheld adjudication protect a green card holder from a Florida DUI?<\/summary>

No. Section 316.193 makes DUI an offense punishable as provided in its subsection (2), and the bar on withholding adjudication is in a different statute.<\/p><\/details>

Can I travel to Canada with a DUI?<\/summary>

Canadian authorities decide entry, and their rules can differ from U.S. rules. Check before you travel.<\/p><\/details>\n

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<\/a> or call 786-761-1719 for a free, confidential first consultation with no obligation to continue.<\/p>\n\n<\/article>\n