Can you get deported for domestic violence?

Can you get deported for domestic violence?

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If you are a Green Card holder, also known as a Lawful Permanent Resident (LPR), is convicted of a crime – including a crime of domestic violence – he or she can be deported from the United States.

Minor crimes may not cause problems for non-citizens, but every criminal conviction is compared against the federal grounds of deportability to see if it matches a crime that is on that list. If the answer is positive, the Green Card or visa holder may be placed into removal proceedings by ICE, Immigration and Customs Enforcement.

Section 237 of the Immigration and Nationality Act states that any non-citizen convicted after September 30, 1996, of domestic violence, stalking, child abuse, child neglect or child abandonment is deportable. If this is your case, consider seeking help from an experienced immigration and domestic violence attorney to revise your case and status.

What is domestic violence?

Domestic violence is defined as abuse or threats against an intimate partner. It can also be someone related by blood or marriage, such as: A married partner; A domestic partner; Someone you are dating or dated in the past; Someone that lives with you; Someone you have a child with.

Abuse is, on the other hand, considered as physically hurting someone, either intentionally or recklessly, sexual assault, threats or promises to hurt someone and harassing, stalking or destroying someone’s physical property.

Domestic violence can be charged as either a felony or a misdemeanor. If you are charged with a misdemeanor domestic violence you can face up to one year in jail and fines up to $6,000. If you were charged as a felony you can face up to five years in state prison and up to $10,000 in fines. Nonetheless, if you are not a US citizen and are charged with domestic violence, your ability to stay in the country is jeopardized.

In addition, a judge will determine if your crime was a crime of moral turpitude, which typically involves fraud, larceny or intent to harm people or things. Also, conducts considered base, vile, depraved or contrary to the accepted rules of morality will also fall into this category.

Under 8 U.S. Code Section 1227, any immigrant convicted of a crime that involves moral turpitude within five years of being admitted into the country can be deported. Moreover, if your visa was granted for permanent residency and you committed a crime of moral turpitude within 10 years of admission into the USA, you could also face deportation.

Crimes with a penalty of less than one year in jail are not considered of moral turpitude but as a petty offense and will not lead to deportation. However, any crime of violence can result in the consequence of the person being deported, therefore, domestic violence offenses may lead to the deportation of an immigrant.

What to do if you have been a victim of domestic violence and depend on your spouse for your Green Card?

First of all, if you have been a victim of domestic violence, make sure that you and other family members are safe from any further violence. You can also contact the National Domestic Violence Hotline at 1-800-799-SAFE where you can find help such as shelter, counseling and legal advice.

If you believe that by getting a protective or restraining order to prevent future violence your immigration status may be affected, please contact an immigration lawyer as soon as possible. However, you should protect yourself and doing this can be a good idea. There are still other options you can still try for obtaining a Green Card, such as VAWA and U Visa, which are given to victims of crimes in the US.

As to what is going to happen to your spouse if he or she is a permanent resident, you must know that s/he cannot be deported just because you filed a protective order against that person. The decision about whether or not you want to press criminal charges against your spouse can be difficult but you should not dismiss it simply because you are worried about deportation as a possible consequence.

How are immigration authorities alerted to crimes of domestic violence?

Immigration authorities know about domestic violence crimes because people who are arrested or taken into custody must provide their fingerprints, which are registered and sent to the Federal Bureau of Investigation, FBI for a background check. This information may be transmitted to the ICE to determine if the person is a deportation priority.

If you have been a victim of domestic violence or have been convicted of this crime and are a non-citizen, please contact an immigration lawyer in California as soon as possible. At Kannan Law we are more than pleased to help you, we are specialized in immigration law and criminal defense. Contact us today!