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 face challenges with their legal rights, even if they are legally permitted to live there. Immigrants who entered 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 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. 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 within 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”
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) collects fingerprints from arrested or booked individuals to conduct thorough criminal history checks. The FBI then shares this information with Immigration and Customs Enforcement (ICE) to assess deportation eligibility. Often, ICE places an immigration “detainer” on an inmate to ensure their transfer to ICE custody upon release.
ICE can place an immigration “hold” on an individual in jail or prison, ensuring that the person will be transferred to ICE upon release.
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.
