QUESTION
Can a green card holder be deported if he is convicted of assault and battery to a family member?
Asked on Nov 10th, 2012 on Immigration - New York
More details to this question:
My father is a U.S. green card holder, was convicted of assault and battery of family member (for beating his son who is under 18 years old). The judge sentenced him to 12 months incarceration, with 11 months suspended. He would be in active incarceration for 1 month. He was bailed out because he has appealed his case. The court day is coming. If he were to drop the appeal and serve the sentence as the judge ordered, can he be issued deportation after his jail time? I am a U.S. citizen along with my brother and sister, and we are all under 18. But my father and mother are not. They are green card holders. What should he do to avoid the deportation if this is a deportation case. If he is deported, can he come back to us after being deported?
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Depending on the state statute that your father was convicted of, he may be deportable, even with a green card, for being convicted of domestic violence or a crime of violence. I strongly suggest that you contact an experienced immigration for a face-to-face consultation and give him/her all of the facts surrounding your father's case. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Nov 14th, 2012 at 4:08 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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Yes, he can be deported. It's a mistake not working with a criminal immigration attorney. Your father is in serious trouble and the immigration consequences of his conviction could be more severe than the criminal. Hire a criminal immigration attorney immediately to try to minimize his future immigration issues. Certain crimes can result in a lifetime ban from the US.
Answered on Nov 13th, 2012 at 12:59 AM