Domestic Violence & Immigration Lawyer in Riverside, California

A non-citizen present in the United States facing criminal charges for domestic violence may suffer harsh immigration consequences. After being admitted to the country through lawful entry, after commission of a crime, a non-citizen may become deportable or subject to removal. In some cases, individuals may be inadmissible for re-entry to the U.S. If you are under investigation or have been charged with a domestic violence offense and are concerned your immigration status may be affected, Law Office of Gregory H. Comings, APC can help. Early involvement in your case by a capable defense lawyer is critical. Riverside domestic violence and immigration Attorney Comings fights to keep you free from a criminal conviction and here in the U.S. with your loved ones.

Domestic Violence and Immigration

The United States Immigration and Nationality Act (INA) distinguishes between the type of deportation non-citizens may face upon conviction of a crime. In other words, some crimes lead to mandatory deportation while others subject the accused to optional deportation. Certain crimes make non-citizens inadmissible to the county. Inadmissible status means that an individual cannot reenter the U.S. after leaving, cannot become a citizen, and is barred from holding legal permanent residency.

A non-citizen convicted of a domestic violence offense may be subject to deportation for a “crime of violence.” This is defined by 18 USC section 16(a) as an offense that has an element of use, attempted use, or threatened use of physical force against another person. Force typically means violent or aggressive force. The domestic violence aspect is met by the prosecution providing sufficient evidence that the victim and the accused shared a qualifying domestic relationship. This includes current or former spouses, someone the defendant shares a child with, a live-in romantic partner or another person protected under domestic or family violence laws.

Additionally, a conviction for certain domestic violence crimes can be classified an “aggravated felony” for purposes of immigration. According to the INA, rape, murder, and sexual abuse of a minor are listed as aggravated felonies. Aggravated felonies carry a sentence of one year or more. A non-citizen convicted of an aggravated felony may face removal proceedings. Since domestic violence convictions potentially carry sentences of up to one year in county jail, they may lead to deportation. This is true even for misdemeanor domestic violence convictions.