New Jersey DUI Attorney Rachel Kugel Highlights Immigration Risks in DUI Convictions

September 12, 2025 at 13:48 PM EDT

A new article by New Jersey DUI attorney Rachel Kugel (https://thekugellawfirm.com/can-a-dui-conviction-affect-your-green-card-or-visa-status/) sheds light on a critical issue affecting many immigrants: how a DUI conviction can impact green card or visa status. In “Can a DUI Conviction Affect Your Green Card or Visa Status?” Rachel Kugel provides an in-depth explanation of how U.S. immigration law views DUI offenses and what applicants need to know to safeguard their future.

For immigrants pursuing lawful status, a DUI conviction in New Jersey introduces serious complications. A New Jersey DUI attorney like Rachel Kugel emphasizes that immigration officers examine not only the charge but also the court outcomes, how the case was resolved, and whether it involved any aggravating factors. A conviction doesn't always result in denial, but it can significantly slow down the process or jeopardize an application.

As a New Jersey DUI attorney, Rachel Kugel explains that while a first-time DUI under New Jersey law is classified as a traffic offense, not a crime involving moral turpitude, specific circumstances can change how immigration officers interpret the incident. These include driving on a suspended license, fleeing an accident scene, or endangering others. “A DUI doesn’t automatically ruin your chances, but it can absolutely slow you down or put your future at risk if the details aren’t handled carefully,” says Kugel in the article.

Immigration laws are especially strict when it comes to DUIs involving controlled substances. According to Rachel Kugel, even a charge mentioning drug use can be treated as a direct ground for deportability under federal immigration law. When that occurs, a DUI conviction may not just delay a visa or green card—it could result in removal proceedings.

Kugel outlines that one of the major concerns in these cases is whether the DUI could be considered an aggravated felony. While the U.S. Supreme Court ruled that a basic DUI does not qualify, New Jersey charges, such as assault by auto due to DUI-related injuries, may raise red flags for immigration officials. These situations often invite scrutiny under the “aggravated felony” category, making a legal response more urgent.

As Rachel Kugel points out, multiple DUI convictions or a record showing habitual behavior can seriously damage an applicant’s perceived moral character. Immigration officers use this evaluation to assess eligibility for naturalization, visa approval, and relief from deportation. The presence of minors in the vehicle, the involvement of drugs, or causing injury can further aggravate the case.

New Jersey DUI attorney Rachel Kugel emphasizes that probation violations and outstanding warrants can also disrupt immigration progress. Missed classes, unpaid fines, or failure to install a court-mandated ignition interlock device may lead immigration officials to conclude that the applicant failed to comply with state legal requirements. This can cause delays or denials in immigration processes.

The article also discusses how these convictions can affect current green card holders. A single DUI might not seem like a significant offense, but it can trigger additional scrutiny when applying for naturalization or re-entering the country after international travel. Officers often ask for certified dispositions and proof of completed court-ordered requirements.

For visa holders, a DUI arrest can prompt automatic revocation of a visa even before conviction, based on current U.S. State Department rules. Rachel Kugel details how a DUI leads to extra medical screenings and administrative processing during consular interviews, sometimes delaying approvals for weeks or even months.

To minimize these consequences, Kugel outlines several steps defendants should take. Completing all court-ordered requirements, collecting relevant documentation, and preparing well-organized records can improve the outcome in immigration interviews. Immigration officials often review substance abuse evaluations, court receipts, and completion certificates as part of the assessment.

Rachel Kugel also notes that consular officers often treat any DUI within the past five years as a trigger for additional medical exams. According to CDC technical guidance, DUIs may indicate harmful behavior and could justify requiring further testing or sobriety documentation. Taking steps to demonstrate rehabilitation can make a significant difference in the final decision.

At The Kugel Law Firm, Rachel Kugel and her team assist individuals charged with DUI in navigating both the criminal and immigration aspects of their case. The firm offers guidance on how to reduce immigration-related risks while resolving a DUI charge effectively in New Jersey courts. Kugel’s approach is centered on ensuring every element of the legal process is addressed so that immigration goals remain attainable.

A DUI charge in New Jersey can have lasting consequences on immigration prospects. Immigration authorities assess each case with detailed attention, and small mistakes or overlooked requirements can derail green card or visa applications. Rachel Kugel’s article emphasizes the need for a proactive, informed response that addresses both legal and immigration concerns from the beginning.

For individuals seeking to protect their future in the United States, working with a New Jersey DUI attorney like Rachel Kugel provides a pathway to managing the risks associated with a DUI arrest. Each case is unique, and acting quickly to resolve legal obligations can prevent additional complications with immigration authorities.

About The Kugel Law Firm:

The Kugel Law Firm is based in New Jersey and focuses on defending individuals charged with DUI and DWI offenses. Led by Rachel Kugel, the firm handles both state-level legal proceedings and the broader implications such charges may have on clients' immigration status. The firm is committed to providing straightforward legal support for individuals facing challenging legal circumstances.

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Website: https://thekugellawfirm.com/

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New Jersey DUI Attorney Rachel Kugel Highlights Immigration Risks in DUI Convictions

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