The Law Offices of

Drinking + Immigration = Trouble

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Don’t have more than two beers if you want to get a green card, citizenship or bond The standards that Immigration uses to judge alcohol use have changed dramatically and silently. The laws themselves have not changed, but society’s and the immigration decision maker’s evaluation of what is OK have changed a lot.

A couple of DUIs used to earn a lecture and nothing more at a green card or citizenship interview and result in a slightly higher bond in Immigration Court. Today, it will often lead to the denial of a citizenship or green card case and the complete denial of bond or setting of a very high – $15,000-$50,000 – cash bond in immigration court. Lesser charges like drinking in public or related charges like assault and disorderly conduct will also be looked at closely to see if drinking was involved. At best, you may win your case after months of appeals, formal treatment and evaluations, and good conduct. At worst, you risk detention and deportation.

Don’t think that having three or four or six beers is OK. Don’t drive if you are drinking. If you get arrested for any of these offenses, make sure your criminal attorney talks to an immigration attorney before you plead. Follow whatever treatment or rehabilitation plan is offered and do more. Pay for private continuing evaluations, see a counselor or go to AA. And remember that you are a ticking time bomb: any further offense in a five-year period will almost surely trigger all the bad consequences I outlined. How you think of yourself is not what matters. (“I’m OK. I just drank a little too much that night.”) What matters is what a conservative-living Immigration employee or immigration judge will think of you. Don’t have more than two beers