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Is Family Violence a Deportable Offense?

If you are a green card holder and technically a “lawful permanent resident,” that does not mean that you are entitled to live in the United States “permanently.”

Under U.S. immigration law, permanent residents are expected to be upstanding members of the community, and if they commit certain crimes, including family violence, they can be deported.

Whether you have a green card or a nonimmigrant temporary visa, you are subject to deportation if you commit certain crimes in the U.S., especially those involving violence, fraud, or drugs.

Often, a minor misdemeanor crime, such as a first-time DWI without aggravating circumstances will not lead to deportation, but many felonies and crimes of violence are included under the federal grounds of deportability.

Family Violence: Grounds for Deportation

Family violence, otherwise known as “domestic violence” is specifically listed under the federal grounds of deportability. Typically, family violence refers to spousal abuse, child abuse, or violence involving other household or family members.

While family violence most often occurs between family or household members, it can also involve former spouses, former partners, and people who have a child together, but are no longer in a dating relationship.

Under Section 237 of the Immigration and Nationality Act (INA), if a noncitizen is convicted of child abuse, child neglect, domestic violence (family abuse), or stalking, he or she is deportable.

Even if the permanent resident has had their green card for years, it does not matter in the eyes of the law. The permanent resident can be deported at any time after they are admitted to the U.S. if they commit family violence.

If an “abuser” has a protective order taken out against him or her and they violate the protective order, violating their protective order in itself can be grounds for deportability under the INA.

Are you a noncitizen arrested for family violence?

If you are a noncitizen who has been arrested for family violence, you need an attorney who understands both Texas’ criminal laws and the U.S. immigration laws. Contact The Zendeh Del Law Firm, PLLC to schedule a consultation with our Plano immigration lawyers!