L a w O f f i c e s o f
Saad Ahmad & Associates

39159 Paseo Padre Pkwy., #307, CA 94538
Phone: (510) 713-9847

 I will discuss the impact of a domestic violence conviction on a non-citizen's immigration status and what can be done if faced with this ground of removal. A domestic violence conviction can make a lawful permanent resident deportable and a nonimmigrant inadmissible to the United States. It could also prevent a lawful permanent resident from becoming a United States citizen. Moreover, a domestic violence conviction for which a person receives a sentence of a year or more triggers the crime of violence ground of "aggrevated felony," the most serious of the immigration-related crimes (please refer to Crimes to Avoid for additional information). This area of law is complicated and is riddled with numerous exceptions. This article is general in nature and is only intended to give the readers an overview of the domestic violence ground of removal and inadmissibility.

The Immigration Nationality Act ("INA") ~237(a)(2)(E)(i)makes a person deportable if he or she is convicted anytime after entry of a crime of domestic violence in violation of any federal, state and/or local laws. Unlike other crimes involving moral turpitude, a domestic violence conviction triggers removal regardless of the sentence involved and/or when it occurred. For example, a lawful permanent resident can be deported if he or she is convicted of a domestic violence offense under California law in 2003, even if he or she was admitted as long ago as 1980.

1. DOMESTIC VIOLENCE & LAWFUL PERMANENT RESIDENTS. The Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA") has significantly broadened the reach of this ground of removal. Violence against a spouse or a former spouse and/or against an individual with whom you are cohabiting comes within the statue, as amended by IIRIRA. Aperson who violates a civil domestic violence protective order is also removable under the current law.

a. Federal Law Incorporates State Domestic Violence Laws. In charging someone under the domestic violence ground of removal, the Bureau of Citizenship & Custom enforcement ("BICE"), formerly INs