Traveling Abroad as a Green Card Holder With an Old DUI

Attorney Answer

A single DUI conviction from seven years ago, with no accident, usually does not stop a lawful permanent resident from taking a trip and coming home — but the length of the trip matters more than most people expect.

The first question is not whether a DUI is a bad conviction. It is whether you are treated as *seeking admission* at all. Under INA § 101(a)(13)(C) [8 U.S.C. § 1101(a)(13)(C)], a returning lawful permanent resident is not regarded as seeking admission unless one of six specific triggers applies. Two matter here: that the resident "has committed an offense identified in section 212(a)(2)," or that the resident has been continuously absent for more than 180 days. If no trigger applies, the inadmissibility grounds are not run against you at the border at all.

If a trigger does apply, INA § 212(a)(2)(A)(i)(I) [8 U.S.C. § 1182(a)(2)(A)(i)(I)] is the ground that gets examined — inadmissibility for a conviction of a crime involving moral turpitude. The statute does not say whether a DUI is such a crime. That is answered by case law, not by the text, and it turns on exactly what you were convicted of. Separately, the petty offense exception at INA § 212(a)(2)(A)(ii)(II) may apply on its own to a single qualifying offense. Anyone who answers this without reading your actual conviction record is guessing.

One more thing the border and the immigration court treat differently: the section cited here governs *admission*. Whether a conviction makes a resident removable is a separate list in the immigration statute and has to be checked on its own.

What you can do

1. Order a certified copy of the complete court record for the DUI — charging document, plea or verdict, exact code section, and sentence. That document answers the question; your memory of it does not. 2. Take it to an immigration attorney before you book, not after. 3. Keep the trip under 180 days, and keep proof of your departure and return dates. 4. Carry your green card, the certified disposition, and evidence of your ties here. 5. If you are sent to secondary inspection, you may say you want to speak with a lawyer before answering questions, and you should not sign any form giving up your permanent residence. 6. Check the entry rules of the country you are visiting separately — a U.S. green card does not control whether another country lets you in.