Could a Permanent Resident get deported for Domestic Battery?

Asked about 2 years ago - Neenah, WI

i have Domestic Battery charges , something i didnt do , i was thinking to go fight it but my lawyer and others didnt recommend that since im a Permanent Resident and if im convicted i will get deported immediately , thats what ive been told , so the DA offered me DPA agreement , i have to plead guilty for the charges so i wont go to trial and conviction but again ive been told that pleading guilty to the charges will get me deported either , my lawyer tried with DA to drop the charges but the DA is refusing , so my question is it true i will get deported for that? and i cant really go back to my country for political reasons , im from Lebanon and if u have any idea about Lebanon and whats going on there u will know why i cant go back , whats my options? Thank you.

Attorney answers (4)

  1. Khaja M. Din

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . Pleading guilty to a domestic battery will most likely get you deported. If you did not do it then going to trial may be the best solution. You should bring your case in to be evaluated by a competent immigration attorney that understands the immigration consequences of criminal conduct. The DA will often act tough and they need to be faced with an attorney that will give them a “come to Jesus moment”. What I mean by that is that they need to be shown how you will win the case. Find an attorney that believes in you and is willing to not only fight for you but has a winning strategy. At the very least the attorney should be able to structure a deal that allows you to plead guilty to something that does not impact your immigration status.

    Best,

    Khaja M. Din, Esq.

    Free Consultation For Your Immigration & Deportation Issues

    www.dinmemmen.com

    Khaja Din is an immigration attorney specializing in deportation defense and the immigration consequences of criminal conduct. He has offices in Chicago, IL and Madison, WI.

    Din | Memmen, Inc.

    Chicago Office
    4518 North Kedzie Avenue
    Chicago, IL 60625
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  2. Sergey Basyuk

    Contributor Level 8

    4

    Lawyers agree

    Answered . It is imperative that you speak with an immigration attorney. A conviction for particular chargers can in fact result in immigration detention (as well as state detention) and deportation. It is important to know exactly what you are being charged with and what the DA is offering. I would obtain the charges prior to attending an consultation with an immigration attorney so that s/he knows whether the crime you are being charged with or the plea offer makes you deportable.

    Best regards,

    Sergey Basyuk

  3. Juliana Zach

    Contributor Level 7

    4

    Lawyers agree

    Answered . I agree with my colleagues that you need an immigration attorney. However, you also need a good criminal attorney who believes in you and can try to negotiate the charges with the prosecutor. There are ways to change the charges (specially the charging document) that will keep the prosecutor happy and still reduce your chances of getting deported. Pleading guilty to this charge of domestic violence will very likely get you deported!

    DISCLAIMER: Confidential information should not be disclosed in this Internet forum. I am an experienced... more
  4. Sonya Nicole Campbell

    Contributor Level 13

    3

    Lawyers agree

    Answered . As my colleague suggests, the better method, than accepting the plea as is, may be to see if you can find an attorney who may work with the D.A. to see if the charges may possibly be modified, or go to trial and fight it. You really need to retain an attorney who practices both immigration law and criminal law in your jurisdiction, because they will advise you with knowledge of the possible immigration consequences.

    This response in no way establishes attorney/client privilege or relationship.

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