There are 2 sides of the case your friend needs to understand in this situation. On the one hand, if he pleads guilty on domestic violence charges or gets convicted after a trial, no one will be able to save him from deportation. Many criminal convictions make an alien subject of mandatory removal (in other words, if he has such a conviction, he will be deported no matter what other facts and circumstances there are in his case). There is more to it: an alien does not have to plead guilty to a charge that leads to a mandatory deportation; it is enough if he admits to the elements of that crime while pleading to a lesser offense. Let me give you an example. A man stands accused of domestic violence. His attorney works out a plea agreement with the prosecution: he would plead guilty of disorderly conduct, pay a fine, and go home. At the court hearing, the judge asks the man if he pleads guilty. "Yes, Your Honor." The judge says: "Tell the court what did you do." "Oh, you know, my wife, she was nagging me real bad, and I lost it and slapped her, just once or so. I am sorry, judge, it won't happen again, I promise." In accordance with the plea agreement, the judge finds the man guilty of disorderly conduct and sentences him to time served and a fine. On the steps of the courthouse, the man gets arrested by ICE. In Immigration Court, his immigration attorney tells the judge that our hero has been in the U.S. for 25 years, is a father of 4 U.S. citizen children one of whom has a serious medical condition that cannot be treated properly in the man's native country, always paid taxes, sings in a church's choir and helps at the local soup kitchen. Judge: "But he has a conviction, doesn't he?" Attorney: "Yes, Your Honor, but t is 240.20, disorderly conduct - not a disqualifying offence." Judge: "Wrong, counselor! In the plea, he admitted to beating his wife. He will be removed as an alien unlawfully present in the U.S. who was admitted committing an act constituting an essential element of a crime of domestic violence." So, tell your friend: (a) to not hire a criminal defense attorney who is not willing to defend the case at trial; (b) to not accept any plea agreement unless the attorney is absolutely sure that it will not lead to an unavoidable deportation; (c) if there is no chance of winning the criminal case or getting a conviction for a lesser charge that does not entail an unavoidable deportation, then it night be time to cut his losses, accept whatever plea deal he can get, and start packing; a consultation with an immigration attorney would help in deciding whether it is better to prepare for a deportation or to leave on his own. On the other hand, it is almost certain that Immigration & Customs Enforcement will knock on your friend's door regardless of the outcome of his criminal case; if he gets convicted, it is going to happen sooner, if the charges against him get dropped - ICE will come later, but it *will *come. So, it would make sense to talk to an immigration attorney to figure out whether your friend has a case that can be defended in removal proceedings. If he does have a case that the Immigration Court might approve, then it makes sense to fight the criminal charges. But, if there is no provision of law that might allow Immigration judge grant your friend permission to stay in the U.S., then, again, he has to decide whether he wants to spend thousands of dollars on criminal defense and then on defense from deportation. Bottom line: your friend needs to know if he can win in criminal court AND in the Immigration Court; if he can, he needs a competent criminal defense attorney and a very good immigration attorney (or an attorney who is both); if not - face the reality and, at least, save some of the money he will dearly need to restart his life in the old country.
Answered on May 02nd, 2016 at 5:22 PM