Recently, we represented a client who was charged with speeding at a high rate and reckless driving while in the United States on a work visa. This added an extra wrinkle to his situation. Not only was he at risk of losing his license, but he was also concerned that a conviction or plea would negatively affect his working visa.
If you are a citizen of another country who is here on a visa, it is imperative that you consult an experienced immigration attorney to consult with your criminal defense attorney. Speeding normally won’t affect your visa. Reckless driving, which can include driving at a high rate of speed, however, can affect your status.
Generally, crimes and misdemeanors involving moral turpitude (bad or immoral behavior) will result in denial or revocation of a work visa.
A charge of reckless driving, especially if it rises to the level of “aggressive driving” may be considered a crime involving “moral turpitude” by the reviewing officer on a visa application or extension.
An example of this scenario in action:
In our recent case, our client was in the process of applying for a visa extension at the time of his charge.
We received a plea offer from the State which was reasonable under the circumstances, but we declined to accept it until first consulting his immigration attorney. When we did, the immigration attorney strongly advised us NOT to accept the current offer and go back to the table.
We did, and ultimately devised a solution that both resolved the client’s traffic charges and preserved his work status.
If you are not a U.S. citizen and you receive a citation for speeding, reckless driving, or worse, it is imperative that you consult with a criminal defense attorney who will take the extra step and resolve your case in a way that does not adversely affect your status.
We understand this very important concern, and will be happy to help if you are in this situation. Give us a call at 336-995-0060 or email us at [email protected].
Will McElwee has been a traffic attorney for over 25 years, and has established a solid track record helping folks from Boone and Wilkesboro to Winston Salem address traffic tickets. His family has a long and fruitful history in the area: the McElwee Law Firm began in 1932. Will’s grandfather, William H. McElwee, Jr., was a former president of the North Carolina Bar and sat on North Carolina’s Board of Law Examiners for many years.
As a “Double Deac,” Will attended Wake Forest University for both undergraduate and law school. He is a certified Superior Court and Family Financial Mediator and is also certified in the field of collaborative law.
