This issue raises serious concerns, especially in the context of immigration laws. Immigrants in the United States who have a criminal record related to domestic violence can face severe consequences, including deportation. In this comprehensive guide, we will explore the complexities of having a domestic violence conviction and how it impacts an individual’s immigration status.
The Complexity of Immigration Law
Foreigners in the United States often face challenges with their legal rights, even if they are legally permitted to live there. Immigrants who enter the U.S. illegally risk losing their immigration status, and green card holders, who enjoy rights similar to natural-born citizens, can also face deportation if convicted of 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
Even minor offenses don’t threaten non-citizens’ residency as much as major crimes, but all criminal convictions matter. Federal grounds for deportation list offenses that can trigger deportation proceedings by ICE, ending with a decision from Immigration Judges.
Domestic Violence as a Deportable Offense
Under INA Section 237(a)(3), any noncitizen convicted of an aggravated felony such as domestic violence, stalking, or child abuse after September 30, 1996, faces deportation. The length of time spent in the U.S. without committing an offense does not matter; any such crime, whether committed upon entry or later, can result in deportation.
This law defines domestic violence as acts of violence by anyone who has lived with, married, had a common-law relationship with, or dated the protected party, including those who are divorced or separated.
Understanding the Notion of “Violence”
To understand the meaning of violence in this case or for 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. Under Section 237 of the INA, noncitizens face deportation if convicted of Crimes of Moral Turpitude (CIMTs). This applies if the CIMT occurred within five years of admission or ten years if the crime involved a year or more of imprisonment. Two or more CIMT convictions, regardless of whether they are from the same scheme or separate incidents, also lead to deportation. Domestic violence convictions often qualify as CIMTs, worsening the potential outcomes for those affected.
Domestic Violence as an “Aggravated Felony”
Immigration Consequences of Domestic Violence Convictions under I.N. Section 237
Certain offenses qualify as aggravated felonies under Section 237 of the Immigration and Nationality Act (INA), leading to the deportation of individuals convicted of these crimes after their admission to the United States. Some forms of domestic violence can be classified as aggravated felonies, depending on the specific circumstances of each case. This classification stems from the definition of aggravated felonies in Section 101(a)(43) of the INA, which states that heinous crimes of violence generally require a minimum incarceration period of one year.
Mechanisms of Discovery: How Immigration Authorities Identify Domestic Violence Convictions
Immigration authorities utilize various mechanisms to identify domestic violence convictions. One significant method is the exchange of fingerprint records. The Federal Bureau of Investigation (FBI) collects fingerprints from individuals who are arrested or booked, which allows for comprehensive criminal history checks. The FBI then shares this information with Immigration and Customs Enforcement (ICE), enabling them to evaluate the individual’s deportation eligibility.
In many cases, ICE places an immigration “detainer” on an inmate, ensuring that they will be transferred to ICE custody upon release. Additionally, ICE can issue an immigration “hold” on individuals currently incarcerated, further guaranteeing their transfer to immigration authorities.
Even if an immigrant convicted of domestic violence manages to evade apprehension by ICE, they are not necessarily in the clear. When applying for a green card or U.S. citizenship, applicants are required to provide fingerprints. This process can reveal any prior arrests or convictions, potentially triggering 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.
What types of evidence are required to prove abuse for a VAWA self-petition
To successfully file a VAWA (Violence Against Women Act) self-petition, applicants must provide various types of evidence to demonstrate their eligibility. Here are the key categories of evidence required to prove abuse and support the petition:
1. Proof of Relationship with the Abuser
- Marriage Certificate: If applying as a spouse, provide a legal marriage certificate.
- Birth Certificates: For children, proof of parentage is necessary.
- Divorce Decrees: If applicable, documents proving the dissolution of previous marriages.
2. Evidence of Abuse
Applicants must demonstrate that they have suffered battery or extreme cruelty. Acceptable forms of evidence include:
- Personal Declaration: A detailed written statement describing the abuse, including specific incidents and types of abuse (physical, emotional, verbal).
- Court Records: Documentation from any legal proceedings related to the abuse.
- Police Reports: Official reports documenting incidents of domestic violence.
- Medical Records: Documentation from healthcare providers detailing injuries sustained due to abuse.
- Photos: Visual evidence of injuries or property damage resulting from abusive behavior.
- Affidavits: Sworn statements from friends, family members, or professionals who can attest to the abuse.
- Protection Orders: Copies of any restraining or protective orders issued against the abuser.
3. Proof of Living Arrangements
To establish that the applicant lived with the abuser, provide:
- Leases or Rental Agreements: Documents showing both names on a lease or rental agreement.
- Utility Bills: Bills addressed to both parties at the same address.
- Bank Statements: Joint financial documents indicating shared residence.
- Affidavits from Friends or Family: Statements from individuals who can confirm cohabitation.
4. Proof of Good Moral Character
USCIS assesses moral character based on behavior over the past three years. Evidence may include:
- Background Checks: Police clearance certificates showing no disqualifying convictions.
- Affidavits: Statements from employers or community members attesting to good moral character.
5. Proof of Abuser’s Immigration Status
To establish that the abuser is a U.S. citizen or lawful permanent resident, provide:
- Birth Certificate: For U.S. citizens born in the country.
- U.S. Passport or Green Card: Documentation showing lawful status.
Gathering comprehensive evidence is crucial for a successful VAWA self-petition. Each case is unique, and an experienced immigration attorney can greatly enhance the chances of approval by ensuring that you compile and submit all necessary documentation properly.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for VAWA Protection or Waiver, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
