Can you get deported for domestic violence

In many cases, the immigrant may even qualify for expedited removal. If so, he or she will not be entitled to standard removal proceedings and may be deported in as little as 1 — 2 weeks.

Aggravated felonies also typically carry a permanent ban on returning the United States. When an immigrant is arrested, his or her fingerprints are sent to the FBI for a criminal background check. The FBI then passes the arrest information along to ICE, and the agency determines if the individual in custody is considered a priority for deportation. Under previous administrations it was safe to say that a misdemeanor was considered low priority for ICE.

Unfortunately, that classification system has changed recently, with ICE aggressively pursuing more cases of immigrants with a misdemeanor domestic violence charge.

If ICE chooses to initiate removal proceedings to deport you from the country, you should speak with an immigration attorney as soon as possible. Depending on your situation, you may be able to present one or more of the following defenses against deportation :. Domestic Violence as a Crime of Moral Turpitude Domestic violence may also be considered a crime of moral turpitude , which as a class are considered deportable offenses. The actual definition is fairly vague, but in practice the courts have established that the following crimes may be considered a crime of moral turpitude: Arson Assault with vicious intent Bribery Counterfeiting Forgery Fraud Gross indecency Kidnapping Mayhem Stealing Tax evasion Transporting stolen property The only exception to this rule is when a crime of moral turpitude is classified as a petty offense.

Domestic Violence as an Aggravated Felony A domestic violence charge may qualify as an aggravated felony in some cases. What if I was Sponsored by my Partner? If you have permanent residence status or conditional permanent resident status , you will not lose your status if you report the assault to police or leave a violent relationship. You will not be deported. You may be able to get welfare money from the government for basic needs such as housing, food and clothing.

If you do not have permanent residence status , it is more difficult. But there are some options. Canadian immigration offers some protection to newcomers who are assaulted by their partners. What will happen to my children? You will not lose your rights to your children if: you report the crime of assault, or you leave a partner who assaults or threatens you. Was this helpful? Yes No. Lawyer Referral Service.

This service provides access to a minute session with a lawyer for free. VictimLinkBC is a toll-free, confidential, multilingual telephone service available across B. A domestic violence arrest can disrupt your life and your family on many levels on its own. You could be disqualified from eventual citizenship and possibly even deported.

From an immigration standpoint, any domestic violence charge that results in a prison sentence of one year or more classifies as an aggravated felony. Examples of DV crimes involving moral turpitude may include, but are not limited to:. Will you be immediately deported if you are arrested for, or convicted of, an eligible domestic violence crime? Not usually—not right away. Bear in mind that this process may take some time depending on the immigration caseload—but in a majority of cases for immigrants, a criminal conviction for domestic violence eventually leads to deportment at worst and denial of citizenship at best.

These are:. You may be able to apply for a waiver of inadmissibility which would allow you back into the country legally—but for those convicted of aggravated felonies, obtaining such a waiver is extremely rare.

As for attempting to re-enter the country illegally, the standard penalty for doing so is two years in prison.