Will Domestic Violence Conviction Prevent Your Receiving a U.S. Visa or Green Card?

Immigration law has a concept known as “inadmissibility,” which any noncitizen of the United States (whether living inside or outside of the U.S.) should avoid. Essentially, one cannot get either a visa or green card or enter the U.S. due to criminal or medical history issues. It is pretty challenging to get a U.S. visa when there is a domestic violence case, and you have to understand that in detail.

What Happens with Immigration when there is a Domestic Violence Conviction?

Domestic violence has not really been named as a crime that can lead to the inadmissibility of an individual into the United States. Nonetheless, however, it can cause inadmissibility.

If a domestic violence conviction matches a “crime involving moral turpitude” (CIMT) in the immigration world, a person might not be able to obtain a green card or U.S. visa. What exactly is this type of crime according to U.S. Immigration Law? Basically, it is any activity that is regarded as depraved, vile, inherently base or shocks the conscience.

A U.S. government official or immigration judge decides whether the conviction for domestic violence of a person is a CIMT. It is based on where the individual is – when it comes to the process of fighting deportation or applying for an immigration benefit. Even in case, an official or judge determines that a specific crime of domestic violence is a CIMT, it remains subject to analysis. However, an exception might still be there, and that person’s case might fall under it arguably.

Sometimes, a domestic violence crime might fall under the exception of “petty offense,” in case the maximum jail time is one year or even less than the individual could have been sentenced to, and they were not sentenced to a time of imprisonment of over six months. If it is eligible for an exception, the applicant still would be qualified for getting the green card or visa if there is no other immigration issue – whether criminal or any other issue.

“Aggravated Felonies” and Domestic Violence Convictions

Green card or U.S. visa applicants might experience even harsher consequences if they are convicted of a crime of domestic violence, in case the crime matches an “aggravated felony” – as known in the domain of immigration laws. If applicants are also “aggravated felonies,” they can be permanently inadmissible due to Domestic Violence convictions. It would make an applicant risk-prone for deportation, mandatory detention, or ineligibility for relief from deportation. He might be barred permanently from entering the United States again in some cases.
A conviction for domestic violence might be regarded as an aggravated felony in case it is viewed as a “crime of violence.” In case the crime was of an intentional nature and included the use of force, with the order for imprisonment being for over one year, it is possible that the crime was regarded as a crime of violence, and under U.S. immigration law, it was an aggravated felony.

The record of conviction – which is the written law for the jury instructions, sentence, plea agreement and transcript, the charging documents, and the crime itself, will determine whether or not the crime of domestic violence is an aggravated felony or a crime of violence.

Record of Conviction

It is essential to know that in the record of conviction, police reports – or the documentation of the police detailing the incident or the crime – are not included unless an individual agrees that the report states true facts. Thus, in case a noncitizen has been convicted of domestic violence already, it is in the best interests of that individual to keep this kind of report out of consideration – so as to avoid an aggravated felony issue. This is because there could be comments included in the report that the individual in question, who might be a noncitizen, made to the police – that could make the crime be deemed an aggravated felony or a crime of violence.

Under U.S. immigration law, a crime of violence – such as domestic violence, is regarded as an aggravated felony whenever a court imposes a sentence of one year or more. When a noncitizen is convicted of an aggravated felony, it prevents that individual from getting various kinds of immigration relief, such as:

• A 212(h) Waiver of Inadmissibility
• Getting a green card
• Voluntary departure,
• Asylum or “withholding of removal.”
• Naturalization (becoming a U.S. citizen)
• Cancellation of Removal
• Inability to re-enter the United States lawfully.

Those with an aggravated felony conviction and trying to enter the U.S. illegally again also face more penalties, up to 20 years of imprisonment rather than two years.

If an immigrant has to plead guilty to a crime of violence, he should try to ensure that – to avoid it being regarded as an aggravated felony, it is less than a year in duration.

What to Do if you have been charged with Domestic Violence and Face U.S. Immigration Issues?

If you have a domestic violence crime already on your record, it is ideal to get in touch with an accomplished immigration lawyer who can perform a complete analysis and tell you whether the crime makes you inadmissible.

If a domestic violence charge is on your name, and there has not been a final conviction as yet, it is also worthwhile that you contact an immigration attorney at the earliest. You might be capable of pleading down to a crime of a lesser nature, and although it is vital to have a proper definition of that crime, the risks of deportation and exile from the United States can be avoided. With domestic violence, specifically, it is best that you plead to a crime that includes a sentence of fewer than 365 days, like a simple assault or battery.