Immigration Consequences of Domestic Violence in North Carolina

If you are accused of breaking domestic violence laws in North Carolina and are not a US citizen, it is essential to understand your rights and the immigration consequences of domestic violence in North Carolina. In addition to the penalty for conviction of the crime, a defendant who is an undocumented immigrant, a visa holder, or a lawful permanent resident may also face deportation. In some cases, even pleading to a lesser charge may result in immigration issues.

Defining Domestic Violence

Domestic violence is not a single charge. Rather, it is a term used to describe certain violent crimes when they occur between adults in a domestic relationship. It is important to note that the term domestic violence doesn’t include abuse, neglect, or abandonment of underage children.

In general, people think of domestic violence as occurring in romantic relationships, but it can also occur with parents, siblings, or even roommates. For the purposes of domestic violence, North Carolina defines a domestic relationship as:

• Current or former spouses
• People who live together or have lived together
• Family members, such as siblings
• Parents who have a child together
• People of the opposite sex who are dating or have dated in the past

In North Carolina, a variety of charges can count as domestic violence under some circumstances. These include:

• Assault with a deadly weapon
• Felony assault
• Some misdemeanor assault
• Stalking/harassment
• Trespassing
• Violating a restraining order
• Sexual assault

North Carolina Immigration Laws

Non-citizens in the United States, lawful permanent residents (also known as green card holders), and those with temporary nonimmigrant visas are covered under US immigration laws. Under these laws, a non-citizen can lose their right to stay in this country and be forced to return to their country of origin if they are convicted of a crime of violence.

There are about 48 million immigrant residents in the US, which accounts for about 14% of the total population. In North Carolina, the immigrant population has grown by 800% since 1990.

North Carolina follows these laws as well, but also has some control over how the laws are applied within the state. In some cases, there may be a gray area between what North Carolina considers domestic violence and what is considered a crime of violence for deportability. In addition, a violent crime may meet other grounds of deportability, even if it does not count as domestic violence in North Carolina.

Additional Immigration Consequences of Domestic Violence

A criminal conviction can disqualify a person from becoming a US citizen, obtaining a grant of asylum, legalizing their immigration status, and using several of the possible defenses against immigration.

Protect Your Rights and Future

If you are not a US citizen and are charged or arrested for a crime in North Carolina, it is crucial to know your rights and to act quickly. Every person, citizen or not, is guaranteed certain protections by the US Constitution. This includes a fair trial, reasonable treatment by law enforcement and court officials, and the right to be represented by an attorney. The following steps can help you take quick action.

• Hire a domestic violence lawyer with experience in immigration.
• Tell your lawyer right away about your immigration status.
• Do not agree to voluntary deportation or admitting to a crime you did not commit.
• Do not speak with immigration agents or law enforcement officials or sign any paperwork without your lawyer present.

If you have already spoken to law enforcement or immigration, there may still be ways to avoid deportation. In some cases, non-citizens can qualify for cancellation of removal, asylum, or adjustment of status based on fear of persecution, long-term residence in the United States, or family ties. In addition, you may qualify for alternatives to conviction like drug treatment, deferral, expungement, or a prayer for judgment continued.

FAQs

Can You Be Deported if You Have a Domestic Violence Case?

In some cases, yes, you can be deported if you have a domestic violence case. There are many crimes that can lead to being deported, especially violent crimes like assault or rape. In most cases, deportation is not an option until after the conviction. What’s essential to know is that this process takes time, and you have the right to have a criminal defense lawyer advocate for you. Be sure to inform your attorney of your immigration status right away.

What Crimes Affect Immigration Status?

Crimes that can affect immigration status are generally either violent crimes or crimes that are considered especially depraved. These include charges such as theft, fraud, forgery, sex crimes, drug charges, firearms charges, child abuse, and domestic violence. This is not a comprehensive list, and the most reliable way to know if your charges affect your immigration status is to speak with an attorney.

What Is an Immigration Hold?

An immigration hold, which is also sometimes called an ICE detainer, is a request from Immigration and Customs Enforcement (ICE) to a local law enforcement office to detain a person. This is often triggered by an arrest for a criminal offense like domestic violence, traffic stops, or other minor offenses, or being released on bail after an arrest.

Can You Be Deported for a Misdemeanor?

Yes, in some cases, you can be deported for some misdemeanor convictions. In addition, a misdemeanor conviction can also trigger immigration holds or detainment and permanently impact future visa or immigration applications. Even if the charges you are facing seem minor, your status as a non-US citizen can significantly increase the risk of an adverse outcome. A trusted attorney can give you more information about your specific case.

Get the Legal Help You Need

The experienced legal team at Steven T. Meier, PLLC, has extensive experience in both criminal defense and immigration cases to advocate for you if you are a non-citizen facing domestic violence or other criminal allegations. Don’t wait. Contact our offices right away to set up an initial consultation and learn which legal options are available in your specific situation.