Asked on Aug 19th, 2013 on Immigration - North Carolina
More details to this question:
I am on work visa in US. I have been found guilty on charge Assault on Female-misdemeanor (DV). The judge has set another date for sentencing and asked me and my criminal lawyer to check with immigration lawyer like what sentencing could cause issues in immigration status so that if possible same can be avoided. The jail time will not be there for sure. As far as I read in the forums/web sites, a DV conviction is deportable irrespective of sentencing. Is that true or is there any chance of survival based on sentencing or anything else?
Immigration consequences of criminal convictions is a very complicated legal question and it requires a thorough analysis of the facts and the law. Your criminal defense attorney should contact an immigration attorney to ensure your plea takes into account the immigration consequences. It is not as simple as you think. One cannot say that a domestic violence conviction is necessarily a removable offense without knowing more about the elements of the offense and how you intend to plea.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.