A domestic violence charge can have serious and lasting consequences for non-citizens in the United States. Whether you are applying for a visa, a green card, or naturalization, a conviction or even an arrest for domestic violence may negatively affect your immigration status. U.S. immigration laws take domestic violence offenses seriously, and depending on the circumstances, they can lead to deportation, inadmissibility, or denial of immigration benefits.
Can a Domestic Violence Charge Lead to Deportation?
Yes, a conviction for domestic violence can be considered a deportable offense under U.S. immigration laws. According to the Immigration and Nationality Act (INA), a non-citizen convicted of a “crime of domestic violence” can be placed in removal proceedings. This includes offenses involving physical harm, threats, harassment, or violating a protective order. Even if the charge is a misdemeanor, it can still be grounds for deportation.
Impact on Green Card Applications and Adjustment of Status
If you are applying for a green card, a domestic violence charge can make you inadmissible. U.S. Citizenship and Immigration Services (USCIS) considers moral character when reviewing applications, and a conviction may be viewed as a sign of bad moral character. This can result in the denial of your application, requiring you to seek a waiver or other legal remedies to proceed with your case.
Effects on Citizenship and Naturalization Eligibility
A domestic violence conviction can also impact your eligibility for U.S. citizenship. When applying for naturalization, applicants must demonstrate good moral character for at least five years before submitting their Domestic Violence Charges New Jersey application (or three years if married to a U.S. citizen). A conviction can result in denial and may delay your ability to become a U.S. citizen.
What If the Charge Was Dismissed or Expunged?
Even if a domestic violence charge is dismissed or expunged, it can still appear in immigration records and be considered during your application process. USCIS may review police reports and court records to determine whether the incident affects your eligibility. It is crucial to seek legal advice to understand how your case may impact your immigration status.
Seeking Legal Assistance for Immigration and Criminal Defense
If you are facing a domestic violence charge and are concerned about your immigration status, it is essential to consult both an immigration attorney and a criminal defense lawyer. A legal professional can help assess your options, explore possible defenses, and determine if any waivers or relief options are available to protect your immigration status.
