The Immigration Consequences of a Domestic Violence Conviction in Miami

If you are a non-citizen facing domestic violence charges in Miami, it is absolutely critical that you understand how a conviction could impact your immigration status. Under federal immigration law, certain domestic violence convictions are grounds for removal (deportation) from the United States. Even if you have legal status (a green card, work visa, etc.), you could lose your status and be deported if convicted of domestic violence.

In this article, I’ll explain how domestic violence charges are handled in Florida, the types of convictions that could lead to immigration consequences, and the steps you can take to try to avoid negative immigration consequences if facing domestic violence allegations. My goal is to make you aware of the risks so that you can make informed decisions when fighting your charges.

Domestic Violence Charges in Florida

Florida defines domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Family or household members include:

  • Spouses (current or former)
  • Persons related by blood or marriage
  • Individuals who currently or formerly lived together
  • Parents of a child in common

When the alleged victim fits into one of the above categories, Florida law enforcement will often charge offenses as domestic violence crimes. The most common charges include domestic battery, domestic assault, violating a restraining order, and domestic stalking.

These charges can be filed as misdemeanors or felonies, depending on the circumstances and severity of injuries. Felony domestic violence charges involve aggravated battery, choking, strangulation, using a weapon, or causing substantial bodily harm.

Immigration Consequences of Domestic Violence Convictions

Under federal law, the definition of a deportable domestic violence offense includes:

  • Any crime of violence against a current or former spouse, intimate partner, or child
  • Violating a protective order
  • Stalking

This means that a conviction for domestic assault, domestic battery, violating a restraining order, or domestic stalking will almost certainly trigger immigration consequences.

However, federal law specifies that in order for a conviction to qualify as a deportable offense, the offense must have involved the use or attempted use of physical force or the threatened use of a deadly weapon. For example, a conviction for domestic assault for merely shouting at or verbally threatening a spouse would likely not count as a deportable conviction.

Nonetheless, any domestic violence conviction creates a risk of immigration consequences and should be avoided if at all possible. Even if your specific crime does not seem to neatly fit the federal definition, ICE may still target you for deportation.

How a Domestic Violence Conviction Can Impact an Immigrant’s Status

If you are a lawful permanent resident (green card holder), a domestic violence conviction will make you deportable and could lead to loss of your green card and removal from the U.S.

If you have a temporary visa (such as an H-1B work visa, student visa, or tourist visa), a domestic violence conviction will also make you deportable and cause you to lose your legal status immediately.

For undocumented immigrants, a domestic violence conviction just gives immigration authorities an easy reason to deport you if they come across you. It will also bar you from obtaining legal status in the future.

In addition to deportation, a domestic violence conviction can make you inadmissible to the U.S. if you ever wish to return after leaving the country. You could be barred from re-entering the U.S. for a period of years, or permanently.

Your immigration consequences can follow you even if you move to another country. For example, if you are deported from the U.S. and try to enter Canada, Canada may deny you entry based on your criminal record.

Defending Your Case to Avoid Immigration Consequences

If you are not a U.S. citizen and have been arrested for domestic violence, it is essential that you retain a criminal defense attorney who understands the immigration consequences of convictions. Your attorney may advise fighting the charges entirely or trying to get the charges reduced to a non-deportable offense.

Here are some strategies we may use:

  • Contesting the charges at trial: We may be able to argue weakness in the prosecutor’s case, challenge the credibility of witnesses, or raise an affirmative defense like self-defense. If we win at trial, you avoid a conviction.
  • Plea bargains to lesser charges: We may be able to negotiate with the prosecutor to allow you to plead to a lesser offense like disorderly conduct, which won’t trigger immigration consequences.
  • Pretrial diversion or intervention programs: These programs allow you to avoid a conviction by completing classes, community service, etc. Your charges get dismissed once completed.
  • Getting acquitted on immigration-friendly charges: For example, getting acquitted of felony aggravated battery but convicted of misdemeanor assault. This avoids the aggravated felony ground of removal.
  • Avoiding crimes involving “physical force”: If we can plead to an offense that does not necessarily involve physical force, it may not count as a deportable conviction.
  • Mitigating and contextualizing offenses: There may be ways to explain the circumstances that make your actions appear less egregious. Victim statements and testimony can be helpful.

By developing an immigration-informed defense strategy, we can strive to avoid the life-changing consequences that a domestic violence conviction can bring. Every available option will be explored.

Don’t Navigate This Alone – Consult an Immigration-Knowledgeable Criminal Defense Lawyer

As you can see, domestic violence allegations should never be taken lightly by non-citizens in Florida. The immigration consequences can ruin your life permanently. I have successfully guided many similar clients through this difficult situation while protecting their legal status in the country. Don’t leave your future in the U.S. to chance – experienced legal counsel can make all the difference.

 

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