“I received the disposition today from the Buffalo City Court in Erie County for a DWI and it says ‘OPERATED MOTOR VECHILE WITH .08 OF 1 ALCHOL- VTL 1192.2 02 UM.’ First, what does UM mean? What Class of misdemeanors is this in? Also, I have been living in Buffalo the last few years but I am a Green Card holder and want to apply for US Citizenship. What are the immigration consequences?”

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First, “UM” means “unclassified misdemeanor.” Although different in name from a Class A misdemeanor, the potential penalties are the same. However, there are additional punishments related to the crime being a DWI. Although outside the scope of this post, there are a number of restrictions which could be imposed as early as the first appearance. There are also a number of time-limits to object to such restrictions. For more info, contact a Criminal Defense Attorney in Buffalo, Ny.

The immigration consequences, within the context of a green card revocation, will likely depend on the presence of aggravated factors in your case. For instance, were you driving on suspended license? Was there a child present in the vehicle? Both of these examples are relevant to whether you committed a crime of “moral turpitude.” If the U.S. Citizenship and Immigration Services find the crime to be of moral turpitude, then that is sufficient to revoke the green card so long as the crime was committed within five years of your admission to the United States.

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Immigration is a very tricky area of law, and often the consequence may hinge on specific facts in your case. Clearly, this blog post was written without knowledge of specific facts so it is not very useful on the specific matter.


For more questions, please call a Buffalo Criminal Defense Attorney today.

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