How Domestic Violence Would Cause You to Lose Your Green Card

Domestic Violence is abuse or threats to abuse of someone who is or used to be in an intimate relationship with the abuser. For example, married spouses, domestic partners, lovers, or those who have a child together, or lived together or are related through blood.

Abuse is physical attack whether is intentional or reckless, sexual assault, assault, threat that causes fear, peace disturbance and destruction of property. Abuse has multiple forms (psychological, emotional, verbal) involving tactics to control and have power over the person being abused.

Domestic Violence would become a criminal domestic violence if one is charged by the police and convicted in court or has violated civil restraining order.

Conviction of a “crime of domestic violence” can cause a Green Card or visa holder to be removed (deportation). The immigrant also becomes inadmissible should he ever leaves the US and wants to come back.

Domestic Violence can cause deportation or inadmissibility in two ways:
1-As a Crime of Violence or Aggravated Felony
2-As a Crime of Moral Turpitude

Crime of Violence
Here are some examples of crimes of Domestic Violence (crimes that make the perpetrator inadmissible or deportable) Injury on a spouse or cohabitant Penal Code 273.5; Assault, penal code 245(a)
Penal Code 236 (false imprisonment by violence not deceit or fraud)

Note: Simple Assault or Battery can be a crime of moral turpitude (CIMT) if it causes significant injuries.

Crimes of moral turpitude
Under Spousal abuse, crimes related to domestic violence are considered a crime of moral turpitude. Conviction of this crime may result in voluntary or mandatory deportability or inadmissibility.

Being involved in a Domestic Violence Situation is not easy. Both victim and perpetrator may be in need of extensive psychological consultation and legal support. If you or someone you know have been convicted and you don’t have your US Citizenship yet, you must contact an immigration attorney before you agree to any plea deals your criminal defense lawyer suggests you.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA) and Orange County Trial Lawyers Association (OCTLA). Ramona Kennedy is fluent in English and Farsi (Persian).

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