This, however, became a very deep concern not only as criminal activities but also particularly within the immigration laws. Potential consequences of domestic violence can be severe: those immigrants living in the United States can face deportation if they have a criminal record. In this expansive how-to guide, we dive deep into the complications of having a domestic violence conviction and how it affects one’s immigration standing.
The Complexity of Immigration Law
Foreigners in the United States often encounter challenges regarding their legal rights even though some of them are legally permitted to live in that country. Not only do immigrants who have entered the US illegally face the risk of losing their immigration status but even LPRs more commonly known as green card holders dispose of certain rights similar to natural-born citizens and can also be deported if convicted for an offense. This vulnerability applies to both legal permanent residents and nonimmigrant visa holders who are susceptible to deportable or removable for certain criminal conducts, inclusive of domestic violence.
The Crucial Role of Criminal Convictions
Thus even if minor offenses do not threaten non-citizens’ residency status in the same way as major crimes do every criminal conviction has to be considered taking into consideration the federal grounds for deportation. These grounds enumerate the kinds of offenses that warrant deportation proceedings instigated by Immigration and Customs Enforcement (ICE) and culminate with a decision handed by Immigration Judges or Special Judges of Immigration.
Domestic Violence as a Deportable Offense
According to INA Section 237 (a)(3) any noncitizen convicted of an aggravated felony which includes domestic violence, stalking, child abuse, child neglect, or child abandonment after 30th September 1996 is liable to be deported. Notably, the period that an individual holding a visa or green card stayed in the country without committing an offense is immaterial; just being caught engaging in such a crime upon entry into the U. S or even later will lead to deportation.
The definition of domestic violence under this law includes any act of violence performed by any of the above-mentioned parties and any other person who lived together/ had lived together in the past, married or was involved in a common law relationship or was involved in a dating relationship, divorced or separated from the protected party as per the federal and/or domestic/family violence laws.
Understanding the Notion of “Violence”
To understand the meaning of violence in this case or for the purpose of this study, regarding the provisions of the 18 U. S. Code Section 16,-violence is any act of physical force reasonably expected to result in substantial bodily injury. It describes violence as any offense that involves the unlawful or threatened use of force or physical power against the individual and/or his property or is a felony offense that involves a likelihood of application of physical force against the person and/or his property.
Also within the purview of deportation are protection order violations under this part of immigration law. According to the I. N. A. , the concept of a “protection order” covers any temporary or final legal order given by the court that requires a person to refrain from using physical force against a family member or making threats of physical force against him or her.
The Deportability of Domestic Violence as a “Crime of Moral Turpitude”
However, only some criminal offenses qualify to undergo individual processing under immigration laws. According to Section 237 of the Immigration and Nationality Act (INA), noncitizens face removal proceedings if they have been convicted of Crimes of Moral Turpitude (CIMT), which includes a broad range of offenses, making them eligible for deportation.
This may have been the case if the CIMT occurred within five years from the admission into the U. S. or within ten years under certain conditions or circumstances, the crime in question attracted imprisonment of a minimum of a year.
If an individual has been convicted of two or more Crimes of Moral Turpitude (CIMTs), regardless of whether they stemmed from a single criminal scheme or separate incidents, and has served a sentence for at least one of the convictions, even if tried and convicted in the same or separate trials, they face deportation.
Based on the above discussions it is clear that domestic violence convictions can be wherein the acts may be considered as crimes of moral turpitude and therefore they will aggravate the possible outcomes for those concerned.
Domestic Violence as an “Aggravated Felony”
Another aspect of I. N. Section 237 deems certain offenses as aggravated felonies, allowing for the deportation of individuals admitted to the United States upon conviction. Authorities consider certain convictions equivalent to aggravated felonies, such as some forms of domestic violence, depending on the circumstances.
This is because of the definition of an aggravated felony under section 101(a)(43) of the Immigration and Nationality Act, especially the fact that heinous crimes of violence require a minimum of a one-year incarceration time.
The Mechanisms of Discovery: How Immigration Authorities Identify Domestic Violence Convictions
Immigration authorities identify domestic violence convictions through various mechanisms, including:
Thus, it is possible to conclude that the relationship between criminal law and immigration law is far from being plain. The immigration officers may target immigrant domestic violence offenders through different mechanisms. One such primary way is the exchanging of fingerprint records.
The Federal Bureau of Investigation (FBI) receives fingerprints from individuals who are arrested or booked to conduct comprehensive criminal history checks. The FBI may then share this information with Immigration and Customs Enforcement (ICE) to determine whether the individual is eligible for deportation. Frequently, an immigration “detainer” is placed on an inmate, ensuring their transfer to ICE custody upon release.
An immigration “hold” can be placed on an individual while in jail or prison and is an assurance of the individual being transferred to ICE when released.
Moreover, if the ex-convict immigrant involved in domestic violence manages to avoid apprehension by ICE, the same person is not off the hook when in instances like green card or U. S. citizenship. These applications entail the donation of fingerprints, which can detect any prior arrest or conviction, which may warrant deportation proceedings.
Seek Legal Counsel: A Prudent Step for Immigrants Convicted of Crimes
Mingling between criminal and immigration law requires an understanding of two systems of law which present quite an interface. If you are a noncitizen facing charges related to domestic violence or any other crime, it is essential to proactively consult with both a criminal defense attorney and an immigration specialist to ensure you receive comprehensive guidance and representation.
The consequences of a domestic violence conviction can be severe, potentially affecting your immigration status and future in the United States. Seeking legal guidance promptly is a prudent step towards protecting your rights and interests.