Deportation Ordered Over One Domestic Offense

by

Immigration consequences for domestic violence 

Can one domestic violence charge lead to deportation?

It depends. Immigration consequences turn on the final result of the case—arrest, dismissal, diversion, or conviction—and the exact statute, sentence, and family-relationship element. For example, being deported for one domestic charge can depend on multiple factors, violation of protective order immigration, cancellation of removal for domestic violence, post-conviction relief immigration and domestic violence deportation. However, not every arrest or single incident makes a person deportable.

When immigration law is triggered

  • Conviction of a “crime of domestic violence,” child abuse/neglect, or stalking can create deportability under INA §237(a)(2)(E).

  • A violation of a protective order may also trigger removal, even without a criminal conviction in some situations.

  • Crimes involving moral turpitude (CIMT) and certain assault statutes can cause separate problems. Therefore, we analyze the categorical elements of your exact statute and records.

Important: A dismissed charge, a juvenile adjudication, or an arrest without a conviction is typically not a “conviction” for immigration purposes.

Defenses and fixes we evaluate

  • Contest removability: Argue the statute is overbroad, lacks a qualifying domestic relationship, or does not match the federal definition.

  • Post-conviction relief: Vacate or modify convictions that resulted from legal error; in addition, correct sentences that trigger immigration bars.

  • Cancellation of removal (LPR): For lawful permanent residents meeting time rules and with no aggravated felony.

  • Non-LPR cancellation: 10 years’ presence, good moral character, and exceptional and extremely unusual hardship to USC/LPR spouse/parent/child.

  • 212(c) relief: Possible for older pleas in limited situations.

  • Asylum/Withholding/CAT: If returning would place you at risk.

  • Special waiver (INA §237(a)(7)): Narrow relief in some domestic-violence-related cases (often tied to VAWA-type circumstances).

  • Note on 212(h): Helps with some CIMT problems, but does not waive the separate domestic-violence deportability ground.

Evidence checklist (bring to your consult)

  • Certified docket, complaint, plea, judgment, and sentence

  • Any protective-order paperwork and proof of service/scope

  • Police reports and 911 records (when useful to show context or errors)

  • Proof of rehabilitation: programs, counseling, sobriety records

  • Family and hardship evidence; employment and tax records

As a result, the court sees the full picture—not just the charge.

Common questions

I was arrested once, but the case was dismissed. Am I deportable?
Usually no. However, keep all records; DHS sometimes files charges in error, and we use certified proof of dismissal.

What if I pleaded to a generic assault statute?
We examine the elements and records of conviction. For example, some statutes can be too broad to match the federal domestic-violence definition.

Does expungement help?
Often not for immigration; instead, true legal vacaturs based on defect can help.

Can I travel or apply for citizenship with this history?
It depends on the final disposition and timing. Therefore, get a review before traveling or filing.

How we help

First, we collect certified records and analyze removability. Next, we map defenses—statutory arguments, cancellations, waivers, or protection claims. Then, we prepare evidence and witnesses for court. Finally, we track deadlines and handle appeals when needed.

Need a case review? Schedule a consultation or call (562) 495-0554.

Disclaimer: General information, not legal advice. Outcomes depend on your exact statute, record, and history.

Hello:

Unfortunately, Immigration has every right to deport you.
However, on the other side of the coin, you do qualify for a Waiver (assuming the sentence was less than 1 year.) Thus, it would be critically important that you apply for the proper forms of reliefs and waivers to try to win the removal/deportation proceedings.
Depending on how long you have been here and when you got your Green-Card, you may also qualify for Cancellation of Removal for Lawful Permanent Residents.

Regards,

Brian D. Lerner
Attorney at Law
californiaimmigration.us

Contact Form