Immigration Consequences for Domestic Violence

Immigration Consequences for Domestic Violence

Being charged with domestic violence can have serious immigration consequences for non-citizens, even if you have a green card or other legal status. A domestic violence conviction can potentially lead to removal, deportation, denial of citizenship, or being barred from re-entering the U.S. after traveling abroad. However, there are defenses available that can help minimize the impact on your immigration status. This article will provide an overview of how domestic violence charges affect immigration, and what options are available.

How Domestic Violence Triggers Immigration Consequences

Under the Immigration and Nationality Act (INA), a conviction for a “crime of domestic violence” can trigger deportation¹. Domestic violence crimes that affect immigration status include²:

• A “crime of violence” against a current or former domestic partner
• Child abuse, neglect or abandonment
• Stalking
• Violation of a domestic violence protective order

Even misdemeanor domestic violence convictions can carry immigration consequences. This is because they may be classified as:

• Crimes of Moral Turpitude (CIMT): CIMTs are crimes that violate society’s moral code, like fraud or theft. A domestic violence misdemeanor can potentially be a CIMT if it involved reckless conduct and caused bodily harm³.
• Aggravated Felonies: This category includes certain violent crimes punishable by at least one year imprisonment. Domestic violence crimes involving force or the threat of force may qualify⁴.

Convictions for CIMTs and aggravated felonies can both result in mandatory detention, deportation, and permanent inadmissibility to the U.S. It’s critical to understand how your specific charges might be classified before accepting any plea agreement.

Immigration Consequences of Domestic Violence Convictions

Some potential immigration consequences of domestic violence convictions include⁵:

• Removal/Deportation: Lawful permanent residents (green card holders) convicted of qualifying domestic violence offenses are deportable.
• Inadmissibility: Those convicted may be inadmissible, meaning barred from entering the U.S. after traveling abroad.
• Ineligibility for Citizenship: You must show “good moral character” to naturalize, which a domestic violence conviction may preclude.
• Ineligibility for Asylum/Refugee Status: These humanitarian programs also have “good moral character” requirements.
• Bars to Cancellation of Removal: This defense to deportation can be unavailable after certain domestic violence convictions.
• Detention: Those convicted of aggravated felonies face mandatory detention during removal proceedings.

As you can see, even a single domestic violence conviction can have severe and long-lasting immigration consequences. However, there are ways to defend against these outcomes, as discussed below.

Defending Against Immigration Consequences of Domestic Violence

If you’re a non-citizen facing domestic violence charges, here are some strategies to help avoid negative immigration consequences⁶:

• Fight the charges entirely, so there is no conviction.
• Plead to a non-domestic, non-violent charge like disorderly conduct.
• Negotiate a plea without jail time, so the offense is not an aggravated felony.
• Seek post-conviction relief to vacate the conviction after-the-fact.
• Argue the conviction doesn’t actually qualify as a deportable offense.
• Apply for a U visa as a victim of domestic violence yourself.

An experienced criminal and immigration lawyer is essential to navigating domestic violence charges as a non-citizen. They will understand all the nuances of how these charges interact with immigration law. This allows them to craft an appropriate defense strategy minimizing the risks to your residency status.

Conclusion

Domestic violence allegations create heightened concerns for non-citizens, who risk severe immigration penalties like deportation and permanent inadmissibility. However, not every domestic violence conviction automatically triggers these consequences. With proper legal advocacy, many non-citizens can resolve their criminal case without negative impact on their immigration status. If you’re a non-citizen facing domestic allegations, consult with a lawyer right away about how to defuse the immigration risks.

References

1. https://www.ilrc.org/resources/2022-case-update-domestic-violence-deportation-ground [ILRC]

2. https://www.shouselaw.com/ca/immigration/deportation-defense/domestic-violence-convictions/ [Shouse Law Group]

3. https://www.losangelescriminallawyer.pro/immigration-consequences-for-domestic-violence.html [Kraut Law Group]

4. https://www.nolo.com/legal-encyclopedia/will-domestic-violence-conviction-prevent-you-receiving-us-visa-green-card.html [Nolo]

5. https://www.eastbaylawpractice.com/blog/2022/november/immigration-consequences-of-a-domestic-violence-/ [Law Office of Nabiel C. Ahmed]

6. https://nortontooby.com/topics/domestic_violence [Norton Tooby]