How a Domestic Violence Charge Impacts Immigration Status
In the U.S., any immigrant who violates the law could face deportation as part of the punishment. This includes immigrants who are in the country legally.1 If you are an immigrant facing domestic violence charges, you could be deported. However, that is not always the case. Whether you are deported will depend on the circumstances surrounding your case.
Let’s take a look at how you could be deported if you are charged with domestic violence.
What is Domestic Violence?
Domestic violence is defined as abuse or threats of abuse against an intimate partner or someone related by blood or marriage.2 An intimate partner can be:
- A married partner;
- A domestic partner;
- Someone you are dating or someone you dated in the past;
- Someone that lives with you; or
- Someone you have a child with.3
“Abuse” is considered:
- Physically hurting someone, either intentionally or recklessly;
- Sexual assault;
- Threats or promises to hurt someone; and
- Harassing, stalking, or destroying someone’s physical property4
The penalties for domestic violence are serious, but if you are not a U.S. citizen, a domestic violence charge can pose a serious problem for you. This is why it is crucial that you contact an experienced domestic violence attorney to help you fight these allegations.
Penalties of a Domestic Violence Conviction
Depending on the seriousness of the alleged crime, domestic violence can be charged either as a felony or a misdemeanor. If you are charged with misdemeanor domestic violence, you could face up to one year in jail and fines of up to $6,000.5
If charged as a felony, the consequences include up to five years in state prison and up to $10,000 in fines. However, if you are not a U.S. citizen, being charged with domestic violence could jeopardize your ability to stay in the United States.
Crimes of Moral Turpitude (8 U.S. Code Section 1227)
If you are an immigrant accused of a crime, a judge will determine if your crime was a “crime of moral turpitude.”
Crimes of moral turpitude typically involve fraud, larceny, or intent to harm persons or things.6 The United States Department of Justice also says crimes of moral turpitude involve conduct that is, “base, vile, or depraved, contrary to the accepted rules of morality.”7
Under 8 U.S. Code Section 1227, any alien who is convicted of a crime involving moral turpitude within five years of being admitted into the country can be deported.8 If you have been granted a visa for permanent residence, committing a crime of moral turpitude within 10 years of admission into the U.S. can lead to your deportation.9
Is Domestic Violence a Crime of Moral Turpitude?
Many crimes fall into the category of a “crime of moral turpitude” for immigrants. U.S. immigration laws state that if the penalty for a crime is less than one year in jail, it cannot be a crime of moral turpitude. This is considered a “petty offense” and will not lead to deportation.
However, under Section 237 of the Immigration and Nationality Act, regardless of how long you have held a visa or green card, any crime of violence could lead to your deportation. This means you used physical force against another person or threatened to do so.10 Domestic violence offenses are typically considered crimes of moral turpitude.
Call the Domestic Violence Attorneys at Wallin & Klarich Today
How your domestic violence charge will affect your immigration status is very complicated. It will depend on the specifics of your case and the details of the alleged crime. That is why it is important to hire an experienced domestic violence attorney to help you with your case. The attorneys at Wallin & Klarich have been successfully defending our clients facing domestic violence charges for over 40 years.
With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, our attorneys are available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
1. [http://www.nolo.com/legal-encyclopedia/crimes-that-will-make-immigrant-deportable.html]↩
2. [http://www.courts.ca.gov/selfhelp-domesticviolence.htm]↩
3. [Id.]↩
4. [Id.]↩
5. [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=270-273.75]↩
6. [Id.]↩
7. [http://www.justice.gov/eoir/vll/benchbook/templates/benchbook%20law%20on%20inadmissibility%20and%20removability.htm]↩
8. [http://www.law.cornell.edu/uscode/text/8/1227]↩
9. [Id.]↩
10. [Id.]↩
