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.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • 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

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