QUESTION

Is that true that DV is deportable or is there any chance of survival based on sentencing or anything else?

Asked on Aug 30th, 2013 on Immigration - California
More details to this question:
I am on work visa in United States. I have been found guilty on charge Assault on Female-misdemeanor (Domestic Violence). The judge has set another date for sentencing and asked 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.
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3 ANSWERS

Rebecca T White
Generally speaking, most domestic violence charges will be a deportable offense. You need to consult with an attorney as soon as possible to discuss your options.
Answered on Sep 10th, 2013 at 4:30 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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A plea to any domestic violence charge will make the defendant deport able. The sentence alone will not affect the defendant's deport able as it is the conviction and the charge that ICE and DHS looks at.
Answered on Sep 10th, 2013 at 4:29 PM

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Adebola O. Asekun
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

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