The consequences of a crime of domestic violence "CODV" is very strict and clear for a non- US citizen defendant where the victim is his/her family member. For immigration purposes, an alien so convicted is deemed to be an aggravated felon as defined under s.101(43)(F) INA and the basis for the deportation is under s.237(a)(2)(E) INA. The criminal judge is correct because, deportability does not rest on actual sentence, but instead on if you could have served 1 year or more. So, with no more than a slap on the wrist, DHS may still seek to deport you . If you are deported for this crime, it is with little or no chance of returning to the US. Before accepting a plea, you must discuss your case carefully with a good immigration attorney whose job at this point is to advise the criminal lawyer on how to structure a "safe harbor plea" that will minimize or reduce the harsh collateral consequences that almost certain to follow a domestic violence conviction.
Answered on Sep 10th, 2013 at 4:29 PM