Will a Domestic Violence Charge Affect my Immigration Status?
If you are charged with or convicted of a domestic violence offense, it could have a profound impact on your immigration status. You may even find yourself denied a Green Card, US citizenship, or reentry into the United States. However, with a compelling criminal defense strategy, you may be able to avoid a conviction and remain in the US. Here is more about what the law says about domestic violence involving foreign nationals, what constitutes domestic violence, and what you can do to avoid deportation if you are charged.
What the U.S. Immigration and Nationality Act Says About Domestic Violence
According to the U.S. Immigration and Nationality Act (INA), non-US citizens can be classified into separate categories. Some may be considered inadmissible, while others may be subject to optional or mandatory deportation from the United States. In most cases, a domestic violence offense will put a non-US citizen at risk for optional deportation. However, unless the domestic violence offense involves moral turpitude as described under 8 U.S.C. § 1182 (a)(2)(A)(i)(I) or is considered an aggravated felony, the non-US citizen will still be considered admissible.
Defining Domestic Violence
Per the Immigration and Nationality Act (INA), domestic violence can include any type of violence that is committed against:
- Someone you live with as a romantic partner
- Current or former spouses
- Anyone you have a child with
- Anyone else who is protected under federal or state domestic or family violence laws
Domestic Violence Crimes That May Result in Deportation
There are several types of domestic violence-related charges that will increase your chances of admissibility or deportation. Some examples of these crimes include:
- Rape under Texas Penal Code § 22.011
- False imprisonment under Texas Penal Code § 20.02
- Child endangerment under Texas Penal Code § 22.041
- Murder under Texas Penal Code § 19.02
- Sexual abuse of a child under Texas Penal Code § 21.02
- Misdemeanor or felony assault Texas Penal Code § 22.01
- Exploiting a child for sexual gratification under Texas Penal Code 43.03
- Violating an order of protection under Texas Code of Criminal Procedure § 7B.006
How to Avoid Being Deported for Domestic Violence
Non-citizens may be removed from the US if they are convicted of certain types of offenses, including domestic violence. Working out a plea agreement with the district attorney may be in your best interest. Certain types of criminal charges do not come with immigration consequences, so if you can convince the prosecutor to allow you to plead guilty to a less serious offense, such as simple battery under Texas Penal Code 22.01 or misdemeanor false imprisonment under Texas Penal Code 20.02, you may be able to avoid some of the immigration consequences that follow a domestic violence conviction.
However, not everyone will meet the eligibility requirements for a plea agreement, and individuals charged with domestic violence may not qualify for pretrial diversion as described under Texas Government Code § 54.745. Alternative options may focus on post-conviction efforts, such as obtaining a “U” and “T” Visa, a hardship waiver, a writ of habeas corpus, or asylum despite your conviction. Keep your options open so you can protect your future by filling out our contact form to speak with the immigration attorneys at the Law Offices of David A. Breston today.