Domestic violence charges can do more than affect your criminal record—they can also endanger your immigration status. For non-citizens living in the United States, even a misdemeanor conviction can carry consequences that include deportation, detention, or the denial of future immigration benefits. At Central Justice, we help clients understand how these two legal systems intersect and what options exist to protect their right to remain in the U.S.
Deportability and Inadmissibility Triggers
Certain domestic violence-related convictions can trigger removal from the United States. Even if a person has lived in the U.S. for years or has a green card, a single conviction may be enough to make them deportable or inadmissible.
Under federal immigration law, non-citizens can be found deportable if they’re convicted of:
- A crime of domestic violence
- Stalking
- Child abuse, neglect, or abandonment
- Violating a protection or restraining order
Inadmissibility, on the other hand, can block someone from getting a visa, green card, or re-entry into the country. This includes individuals applying from abroad or adjusting their status while already in the U.S.
Even minor offenses, depending on how they’re classified under state law, can create long-term problems for your immigration status. That’s why early legal intervention matters.
Aggravated Felony and Moral Turpitude Analysis
Immigration law doesn’t just look at the name of the charge; it looks closely at how the offense is defined and what penalties are involved.
Some domestic violence offenses may be labeled as aggravated felonies, especially if:
- The charge involves the use or threat of force
- The sentence includes at least one year in jail (even if suspended)
- It falls under a statute relating to violent crimes or sexual abuse
In other cases, a conviction might be classified as a crime involving moral turpitude (CMT). These cases usually involve intent to harm, dishonesty, or a disregard for the safety of others.
If your offense is considered an aggravated felony or a CMT, you may lose eligibility for many forms of relief from removal and face mandatory detention.
Plea Bargains and Immigration-Safe Alternatives
Not every charge can be dismissed, but how a case is resolved in criminal court can significantly impact immigration outcomes. At Central Justice, we handle both criminal and immigration matters, allowing us to build defense strategies that protect your rights on both fronts.
In many situations, a plea bargain can help you avoid:
- Triggering deportability under immigration law
- Being classified as having an aggravated felony
- Losing access to waivers or relief
Common alternatives that may carry fewer immigration risks include:
- Disorderly conduct
- Simple assault without bodily injury
- Trespassing or disturbing the peace
If you’re offered a plea, it’s important to understand how it may affect your future in the U.S.
Waivers and Relief from Removal
In some cases, there may be a second chance to avoid removal through a waiver or other legal remedy. These options depend on several factors, including your criminal history, immigration status, and family ties.
Potential relief options include:
- 212(h) Waiver – For certain crimes involving moral turpitude or battery
- Cancellation of Removal – For long-term residents with U.S. citizen or permanent resident family members
- Asylum or Withholding of Removal – If returning to your home country would expose you to danger or persecution
Our legal team helps gather the documentation and build the case you’ll need to qualify for these forms of relief.
VAWA Protections for Victims
Not everyone involved in a domestic violence case is the aggressor. If you’re a victim of abuse by a U.S. citizen or lawful permanent resident, you may qualify for protection under the Violence Against Women Act (VAWA).
VAWA allows victims to:
- File for legal status without relying on the abuser
- Apply for work authorization
- Seek waivers for certain inadmissibility grounds
This relief is available to all genders and can serve as a lifeline for individuals who are hesitant to come forward. At Central Justice, we approach these cases with compassion, confidentiality, and a commitment to justice.
How Criminal Defense Attorneys Can Help
At Central Justice, we understand how a criminal conviction can affect your immigration status, and we don’t leave that to chance. Because we handle both criminal defense and immigration law, we’re able to assess how immigration authorities may interpret charges, recommend plea options that reduce the risk of deportation, and structure outcomes that preserve your ability to remain in the U.S. When one team handles both aspects of your case, there’s no miscommunication—just a clear legal strategy from start to finish.
Facing Charges? We’ll Help You Plan Your Next Step
Domestic violence charges can quickly lead to immigration problems if not handled carefully. At Central Justice, we take the time to evaluate your situation, explain the risks, and help you explore every available option. Whether you’re defending against a charge or seeking protection as a victim, our team is here to support your rights and your future in the United States.
Contact us today for a confidential consultation, and let’s talk about your legal options.
