Domestic violence charges can have serious consequences, including deportation, if your spouse is not a U.S. citizen. Immigration laws are strict when it comes to crimes of domestic violence, and even a misdemeanor can trigger deportation. Whether your spouse will actually be removed depends on several factors, including the nature of the offense, their immigration status, and available legal defenses.
Can Domestic Violence Lead to Deportation?
Under U.S. immigration law, domestic violence is a deportable offense under the Immigration and Nationality Act (INA). This applies to non-citizens, including:
- Green card holders (lawful permanent residents, or LPRs)
- Visa holders (student visas, work visas, etc.)
- Undocumented immigrants
If convicted of a domestic violence-related offense, your spouse could face mandatory removal or deportation proceedings initiated by U.S. Immigration and Customs Enforcement (ICE).
What Types of Domestic Violence Crimes Trigger Deportation?
The INA defines domestic violence broadly. Deportable offenses include:
Physical Violence Against a Spouse or Partner:
- Assault, battery, or any crime involving bodily harm or injury.
- Even a misdemeanor domestic assault can be grounds for removal.
Violations of a Protective Order:
- If your spouse violates a restraining order (such as contacting you when prohibited), they could face deportation, even without a separate criminal charge.
Child Abuse or Neglect:
- A conviction for child abuse, neglect, or endangerment can also make a non-citizen deportable.
Stalking and Harassment:
- Some stalking, harassment, or intimidation-related charges qualify as deportable domestic violence offenses.
Aggravated Felonies:
- If the domestic violence charge is classified as an “aggravated felony” (such as felony assault, sexual violence, or serious bodily harm), removal is almost certain, and there may be no opportunity for relief.
What Happens if My Spouse is Arrested for Domestic Violence?
If law enforcement arrests your spouse for domestic violence, they may face charges under state criminal laws. The charge could be a misdemeanor or felony, depending on the severity of the incident. If your spouse is not a U.S. citizen, ICE may place an immigration hold (detainer) if they are in jail. However, if they are undocumented, ICE may begin deportation proceedings immediately.
If convicted, your spouse may lose their legal status and be placed in removal (deportation) proceedings. Even pleading guilty to a lesser charge could have serious immigration consequences.
Can My Spouse Avoid Deportation?
There are some legal defenses and possible forms of relief, including:
No Conviction or Dismissal
- If the court drops or dismisses the charges, or if your spouse is found not guilty, they generally cannot be deported.
Plea Bargaining to a Lesser Offense
- Some non-violent offenses (such as disorderly conduct) may not trigger deportation.
Waivers & Cancellation of Removal
- In some cases, green card holders may apply for relief from deportation, especially if removal would cause extreme hardship to a U.S. citizen spouse or child.
U Visa Protection
- If you are a victim of domestic violence, you may qualify for a U visa, which offers legal protection to non-citizens who cooperate with law enforcement in domestic violence cases.
Tulsa Criminal Defense Attorneys
If authorities charge your spouse, who is not a U.S. citizen, with domestic violence and convict them, they face a high risk of deportation. Even minor domestic violence-related offenses can trigger removal proceedings. If you’re facing deportation after domestic violence charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online.