Family Law & Immigration Attorneys
Is Domestic Violence a Deportable Offense?

Is Domestic Violence a Deportable Offense?

The United States welcomes foreign citizens for many reasons, including travel, attending a U.S. school, visiting family, conducting business, and for citizenship through naturalization, as long as such individuals follow our immigration laws.

All immigrants who come to the U.S. face the possibility of deportation, otherwise known as “removal proceedings,” if they violate U.S. immigration laws, even lawful permanent residents with Green Cards.

The most common reason why Green Card holders are placed into removal proceedings is that they have been convicted of violating one of the U.S. state or federal laws. Additionally, when non-U.S. citizens commit specific crimes that are listed as deportable offenses, they can automatically be placed in removal proceedings by an immigration judge.

Crimes of Moral Turpitude

Immigrants can be placed in removal proceedings for committing “crimes of moral turpitude.” While crimes of moral turpitude are not well-defined under U.S. immigration law, they are considered to be serious crimes that go against the morals of our society.

Such crimes generally include sexual assault (rape), fraud, theft, violent crimes, aggravated or felony DUI, drug crimes, and domestic violence (e.g. spousal abuse and child abuse).

For the purposes of this article, we’re going to discuss domestic violence because it’s a common crime that is committed by immigrants. The issue is, many immigrants do not realize that a conviction for domestic violence can land them in removal proceedings.

Domestic Violence Removal Ground

The domestic violence deportation ground can be found in INA § 237(a)(2)(E), and 8 USC § 1227(a)(2)(E). Generally, a noncitizen can be deportable if they are convicted of:

  • Stalking;
  • Domestic violence;
  • Child abuse;
  • Child neglect;
  • Spousal abuse;
  • Child abandonment, OR
  • Violating certain conditions in a domestic violence restraining or protective order.

Are you an immigrant who is being accused of domestic violence? If so, your immigration status is at risk, especially if you are convicted. To protect your legal rights, contact Smith Law Offices, LLC to meet with a St. Charles immigration attorney.

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