Drunk driving, driving while intoxicated (DWI), and driving under the influence (DUI) of alcohol are responsible for thousands of deaths every year in the United States, and are considered to be serious threats to public health and safety. It is therefore not surprising that the US Government has passed laws designed to deter and punish those who operate motor vehicles under the influence of alcohol. Immigration law is no exception. Foreign nationals who have been arrested for or convicted of offenses related to drunk driving, DWIs, or DUIs (whether in the United States or abroad) can expect substantial delays in the processing of their visas and at ports of entry, as well as in their efforts to procure a Green Card here in the US. They also face barriers to citizenship, and depending on their status, removal (deportation) from the US. We here address some of the most common questions that arise in this context.
I have a DUI conviction and wish to come to the United States on a temporary visa. Will this conviction bar me from entering the US?
Possibly. Under US immigration law, a foreign national can be found “inadmissible” for a number of reasons. Among these is having committed or been convicted of a “crime involving moral turpitude.” Under settled law (i.e., a firmly established and undisputed law or court decision), a simple DUI conviction does not constitute a crime involving moral turpitude; however, a DUI conviction that involves aggravating factors, such as knowingly driving with a suspended license or a DUI while children are in the vehicle, or a DUI that results in death or injury of another, may be found to involve moral turpitude and therefore bar admission to the United States.
Read moreThis is a fictional fact pattern case study for the purposes of providing general legal information. No Daryanani & Bland client information is used or revealed and any similarity to real people is entirely coincidental.
MICKEY: Hi, Sienna. It’s Mickey. If you remember, I’m a manager with the Heater Group, a talent agency in LA. You helped one of our artists get a work visa before, and now I just signed on to manage a fantastic girl group from London. We want to bring them over here to the US to start touring as soon as possible.
MICKEY: They’re called The Hungarian Dolls, and it’s five women: Allison is the best singer and the face of the group, known as Hot Doll. Katrina is the youngest member. She's quiet so we named her Shy Doll. Tara is our best dancer. She’s called Fierce Doll. Samantha is originally from Russia and exudes self-confidence so she’s referred to as Vixen Doll. Then there’s Anka, the oldest member of the group. She has truly seen it all. She's Crazy Doll. Can they just come to the US under the visa waiver program to perform?
Read moreThanksgiving is, of course, a very American holiday (sorry, Canada), and we thought it¹d be interesting to ask the diverse staff at the firm to describe their Thanksgiving traditions. We wish you and your family a wonderful Thanksgiving!
Ada Biewald, Bookkeeper
Our tradition is to be partially untraditional. We have smoked ham instead of turkey, but with stuffing, together with all trimmings of mashed and sweet potatoes, homemade cranberry sauce, and baked apples with cinnamon. No one leaves before the apple and pecan pies are served. I remind our children each year how lucky and thankful we must be to live in the great USA!
Gentiana Bitri, Paralegal
Thanksgiving is not a European holiday, so I didn't know really anything about it before I came to the US. The upcoming one will be the first Thanksgiving holiday ever in my life, and I already asked my mother if she is planning to prepare the traditional turkey and any other US goodies, most notably pumpkin pie. It looks like I am going to have a great Thanksgiving holiday, finally with my family!
Read moreEach year the US Citizenship & Immigration Services Vermont Service Center (VSC) invites “stakeholders"--anyone with a vested interest or who is significantly impacted by the decisions that come out of the VSC--to visit the Center, take a tour, and participate in roundtable discussions on individual types of visas. The VSC processes nearly all the nonimmigrant visa petitions originating from the Eastern half of the US, and the Center also has exclusive jurisdiction over several other types of cases, including certain family-based applications, all VAWA, T visa, and U visa cases. As a brand new addition to the firm, I was invited by Partners Protima Daryanani and Manuel Otero to accompany them to this event, along with Associate Attorney Jacki Granet. I was interested to see just where all those petitions go once we seal up the FedEx envelopes and send them off.
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