Albuquerque, NM asked in Civil Rights and Immigration Law for New Mexico

Q: if a permanent resident has battery against a house hold member. Do they get deported?

This the first offense . I have done nothing.

Related Topics:
1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: If you pled guilty or nolo contendre, then you accepted guilt. That means that DHS considers that you did it. You don’t have to

do a day in jail.

The next issue is the sentence and the criminal statute upon which you were convicted. Also, whether there are other issues that have yet to be discussed that may make you the subject of removal.

This ‘may’ fall within the petty offense exception, but an attorney should still review the certified copy of the court order, the disposition, record of proceedings and the criminal statute. You may have trouble upon your return if you travel outside the United States.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Ms Grace I Gardiner agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.