Convictions for Violence and Battery — Immigration Consequences & Options

Violent and battery-type convictions can trigger inadmissibility or deportability. They block many forms of relief and jeopardize future benefits (work permits, TPS, naturalization). Immigration law looks at the statute of conviction—not what happened—using the categorical approach and, at times, a limited record (plea, judgment).

Key risk categories

• Crimes Involving Moral Turpitude (CIMTs): Many assault/battery offenses qualify when they require intent to harm or involve weapon/serious injury. One CIMT within five years of admission with a potential sentence ≥1 year can make an LPR deportable. Certain first-offense “petty offense” scenarios may avoid inadmissibility.
• Aggravated Felony (AF): A “crime of violence” with a sentence of 1 year or more is an AF (8 U.S.C. §1101(a)(43)(F)). It triggers mandatory detention, removal, and bars to most relief (including asylum and cancellation for LPRs).
• Domestic-violence ground: A conviction for a crime of domestic violence, stalking, child abuse/neglect, or violation of a protection order can make a noncitizen deportable (INA §237(a)(2)(E)(i)–(ii)), even when not a CIMT/AF.
• Asylum/Withholding bars: A “particularly serious crime” bars asylum and, at higher thresholds, withholding. DHS often argues DV with significant injury or weapons is PSC.
• Naturalization (N-400): Such convictions can defeat good moral character. Probation or recent offenses can reset the GMC period.

Possible defenses & waivers

• Charge-conscious pleas: Avoid elements like intent to injure or 1-year sentences. Seek misdemeanors or statutes covering offensive touching only.
• Post-conviction relief: Vacaturs for legal/constitutional defects (not immigration-motivated) can help. Simple expungements rarely do.
• §212(h) waiver: May forgive some CIMTs (and a single 30g marijuana offense) with extreme hardship to a USC/LPR spouse/parent. Rehabilitation after 15+ years is necessary too. Not available to LPRs admitted as LPRs who later have AFs.
• VAWA-based relief: Certain survivors with DV-linked conduct may access VAWA cancellation/adjustment and good-moral-character exceptions.

Practical steps now

Get certified court records, police reports, and minute orders. Then, do a ground-by-ground analysis; assess detention risk; and plan relief (cancellation, adjustment with waivers, PD). Do not travel or apply for benefits until counsel vets consequences.

How we help

We coordinate with criminal counsel for immigration-safe pleas. We evaluate CIMT/AF exposure, build waiver and discretion records, and defend you in court to protect status and future eligibility.