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Wife With Misdemeanor Assault/Family Violence : Is this deportable offense?

Permanent Resident Wife against US Citizen husband. Slaps and scratches. Wife admits attacking husband. Photos taken of scratches on husband’s face. Wife is visa permanent resident. Want to make sure she does not get deported. Paperwork says DA has a “no drop” policy for domestic violence cases. Also this is a first time misdemeanor Class A offense. Fine is supposed to be 2500.00

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Attorney answers (1)

Reputation Level 20
A conviction or guilty plea of domestic violence against certain family members (such as a spouse) is one of the bases for deportation.

The wife should review the facts and options with an attorney.

There may be ways to change the charge so that it is no longer considered domestic violence. Perhaps the prosecutor has insufficient evidence to convict. Perhaps the prosecutor will agree to dismiss if the wife completes certain things (like going to classes, community service).

What options are available to the wife depends on the facts and the local practices. Retaining an attorney likely will improve the odds for the wife.
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