Fremont, CA asked in Criminal Law and Immigration Law for California

Q: GC holder with charges of Domestic Violence and ex-wife VAWA

I am a GC holder since 2014 and my wife accused me of 2 DV charges as she called cops on me while i just got a little on discussions regarding our son (no physical violence or anything) . I was not convicted of the DV but was told to take anger management classes which I did. Me and my wife got a divorce and she took custody of our only son and judge favored her with 70% of my savings over 10+ years over 100K. My wife was denied her GC as we were divorced but she instead applied for VAWA which was recently approved. It seems , the immigration officer noted down several of the restriction orders and police reports during her dependent GC interview which was denied but he recommended her to apply for VAWA instead.

I have never touched my wife or son and never had the opportunity to live with my son since he was born. Now I am worried I would be loosing my GC and sent back to my home country due to my wife's VAWA application.

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Unless you are convicted of domestic violence, you cannot be deported for that reason.

Individuals who are not United States citizens risk being removed from the country if they are convicted of certain crimes. A conviction for a domestic violence crime can affect the ability of an immigrant to remain in the United States. It can also impact his or her ability to re-enter the country after leaving or traveling.

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