Facing an assault or battery charge can be stressful for anyone. But for immigrants, the stakes are even higher. Even a minor criminal charge can cause serious immigration problems, including deportation or losing the chance to apply for a green card.
In Florida, assault is the threat of violence against someone, while battery involves physical contact or harm. You don’t have to cause a significant injury to face these charges—just an unwanted touch could be enough. If you’re an immigrant charged with assault or battery, it’s crucial to understand how it could affect your future. At Central Justice, we’re here to guide you and protect your rights every step of the way.
How Assault and Battery Charges Affect Immigration Status
Immigration law treats certain crimes more harshly than others. Assault and battery charges can be classified as “crimes involving moral turpitude” (CIMTs), depending on the circumstances. That label can cause significant trouble, even if the charge seems minor under state law.
A conviction for assault or battery can lead to:
- Deportation or removal proceedings
- Denial of applications for green cards or adjustment of status
- Visa cancellations or denials
- Ineligibility for U.S. citizenship (naturalization)
Even if your charges are reduced or dismissed, immigration authorities might still view the situation negatively. For example, admitting guilt as part of a plea deal could still hurt your immigration case. Every decision made in your criminal case could have a direct impact on your ability to stay in the United States. That’s why it’s essential to take the charges seriously from the start.
Assault and Battery Charges and Specific Immigration Categories
The consequences of an assault or battery charge vary depending on your immigration status. Here’s a closer look at how different groups may be affected:
Visas
If you’re in the U.S. on a nonimmigrant visa, such as a student or work visa, criminal charges can cause serious problems. A single charge could:
- Lead to visa revocation
- Make it impossible to renew your visa
- Result in a finding that you are inadmissible if you leave the U.S. and try to return
In some cases, even pending charges (without a conviction) can trigger issues at visa renewal or border crossings.
Green Cards (Permanent Residency)
Green card holders and applicants face special challenges. Assault and battery charges during the adjustment of status process can result in a denial. Even if you already have a green card, a conviction could trigger removal proceedings. It’s important to defend against both the criminal charge and any potential immigration fallout at the same time.
Asylum Seekers
Asylum seekers must show that they deserve protection based on threats or harm they faced in their home country. But an assault or battery conviction can weaken an asylum application. It can be used to argue that you pose a threat to public safety and are not eligible for protection under U.S. law.
DACA Recipients and TPS Holders
Deferred Action for Childhood Arrivals (DACA) recipients and Temporary Protected Status (TPS) holders have very limited protections. An assault or battery conviction—even for a misdemeanor—can cause them to lose their status and become subject to removal.
A simple argument or mistake could have life-altering consequences. That’s why working with an attorney who understands both criminal defense and immigration law is so important.
Why a Strong Criminal and Immigration Defense Matters
When you’re an immigrant facing a criminal charge, every decision matters. Accepting a plea deal without thinking about immigration consequences could leave you without a path to stay in the country. At Central Justice, we look at the full picture. We fight to get charges reduced, dismissed, or resolved in a way that protects your immigration status whenever possible. We also work closely with you to make sure you understand every option—and every risk.
You shouldn’t have to choose between fighting a criminal charge and protecting your future in the U.S. We’ll stand with you and fight for both.
Protect Your Future by Acting Quickly
If you’re an immigrant facing assault or battery charges, time is not on your side. You need to act quickly to protect your rights and your future. At Central Justice, we know what’s at stake—and we’re ready to help. Contact us today for a confidential consultation.
