November 22, 2010: What Affect Will Aggravated Assault Conviction Have on this LPR?
What Affect Will Aggravated Assault Conviction Have on This LPR?
My boyfriend has been a legal permanent resident for 21 years. He was recently arrested for aggravated assault against his brothers. In doing research online I have found many sources saying that he can be deported under certain circumstances. The first offer by the prosecutor was deferred adjudication for 3 years, after which his record would be clean. But then I found some information saying that if the sentence is longer than a year, including probation, he could be deported. Is this true?
The second offer was jail for 90 days but that would go down as domestic violence assault. I heard any domestic violence is a deportable offense. It seems to me that these immigration laws are convoluted so it’s almost impossible to get a straight answer. What do you think?
I think you are correct in stating that the laws are very complex when it comes to figuring out what affect a crime committed by a permanent resident alien has on their immigration status. That is why an immigration lawyer should be used in conjunction with a criminal lawyer in cases where a plea bargain is being considered. The immigration lawyer can provide guidance as to what the immigration consequences of a plea may be.
These consequences will vary depending on the person’s immigration status, length of time in the U.S., and several other factors. So a plea should not be taken lightly, as you have discovered. In your boyfriend’s case, a plea resulting in a nolle prosse, or dismissal of the underlying charge, is usually not used as a ground of deportability. Also, an immigration attorney, working together with a criminal attorney, can research the state statute governing deferred adjudication, and determine whether the plea results in a guilt finding, a dismissal, or a finding anywhere in between.
After that, if a finding of removability is unavoidable, then the immigration lawyer will look to relief from removal, which in your boyfriend’s case may be Cancellation of Removal for a permanent resident, and other forms of relief as well. Yes, the immigration laws are very complex in this area! Good luck.
Michael Shane and Evan Shane, Immigration Lawyers