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Domestic
Violence and Immigration |
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If your immigration status is anything
less than a U.S. citizen and you are convicted of domestic violence
or violating a protective order, you can be sent to jail or prison
and you may be deported. One fight and a call to the police can
result in deportation. Your entire family could be torn apart.
Domestic
violence is a violent crime against someone you have or have
had a relationship with or someone with whom you have a child. Violence
is defined broadly and includes some acts such as hitting, hurting,
scaring, throwing things, sexually abusing or threatening to do
any of these things.
In addition to deportation, a domestic violence
conviction can also keep you from becoming a citizen and may prevent
re-entry into the United States. If you are convicted of domestic
violence, you may lose your only source of income, your business,
your friends, your family and much more. What happens after you
are convicted of domestic violence will vary, depending upon your
immigration status.
If
you are a citizen of the United States and are convicted of domestic
violence, you will be punished, but the INS cannot deport you just
as long as you did not lie in your naturalization interview or application.
If you lied, the INS might try to take your citizenship away. If
you are not a legal citizen of the United States and you are convicted
of domestic violence, the INS can deport you even if you have already
served jail or prison time. In fact, the INS will typically place
a “hold” on you while in custody, so that you are not
released but merely transferred from jail or prison into INS custody
to face deportation.
The legal system can be very confusing but there
is hope for you. It is best that you do not talk to the police,
INS or district attorney without first consulting with a knowledgeable
criminal defense attorney who is looking out for you and will guide
your through the process.
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