The Arrest ReportThe Arrest Report
Highlights in this Issue
What is Domestic Violence?
Interview with Darren Kavinoky
Getting Out of Jail: The Bail Process
Navigating the Criminal Court
Same Sex Domestic Violence
Child Custody and Domestic Violence
Domestic Violence Courts
Types of Domestic Violence Charges
If You are Also Abused
Firearms & Domestic Violence Charges
Domestic Violence and Immigration
Domestic Violence and Immigration
  Domestic Violence and Immigration
   
 

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.

Domestic Violence LawIf 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.