Being accused of domestic violence is stressful enough, but for individuals who are not U.S. citizens, the consequences can be even more serious. A single accusation can put your immigration status at risk, even if you’re never convicted. If you live in Illinois and are navigating this situation, it’s important to understand how criminal charges might intersect with immigration law.
At Hirsch Law Group, we help clients across Illinois who are facing criminal charges, including those with immigration concerns. Our team has extensive experience defending clients in both state criminal court and immigration matters, which often overlap in complex ways. If you’ve been accused of domestic violence and you’re worried about your legal status, here’s what you need to know.
Why Domestic Violence Charges Can Affect Your Immigration Status
U.S. immigration law takes domestic violence allegations seriously. Even a misdemeanor charge can lead to immigration consequences, including:
- Removal (deportation) proceedings
- Denial of green card applications
- Ineligibility for naturalization
- Visa revocation or non-renewal
- Detention by Immigration and Customs Enforcement (ICE)
In some cases, you don’t need a conviction for immigration issues to arise. Simply being arrested or charged can trigger red flags in your immigration file.
Domestic violence is considered a “crime of moral turpitude” or an “aggravated felony” under federal immigration law, depending on the circumstances. Both categories can lead to removal, especially if a conviction results in a sentence of one year or more.
What To Do If You’re Charged With Domestic Violence and Have Immigration Concerns
If you’re facing domestic violence charges and you’re not a U.S. citizen, it’s essential to act quickly and carefully. Here are a few practical steps that can help protect your immigration status:
1. Don’t Speak to Law Enforcement Without Legal Counsel
It’s common to want to explain yourself or defend your actions, but what you say can be used against you in both criminal and immigration court. Politely decline to answer questions until you have a lawyer present.
2. Contact a Criminal Defense Attorney With Immigration Experience
Not all criminal defense attorneys understand how charges can affect immigration status. Working with a law firm like Hirsch Law Group, which handles both criminal and immigration-related issues, can make a significant difference in your case.
3. Avoid Pleading Guilty Without Legal Advice
Pleading guilty to “get it over with” can seem tempting, especially if a plea deal is offered. But even a plea to a lesser offense might carry immigration consequences. Make sure your attorney evaluates any plea deal from both a criminal and immigration standpoint.
4. Keep Records and Follow Court Instructions
Make sure to attend all court dates, complete any required classes or evaluations, and document everything. Keeping organized records can help demonstrate compliance and cooperation, which may be helpful later in court or immigration proceedings.
How the Legal Process May Affect Immigration Status
Understanding the steps of the legal process can help you stay grounded and informed.
Initial Arrest and Charge – If you’re arrested for domestic violence, you may be taken into custody and required to post bond. In some cases, ICE may be notified of your arrest, especially if you’re undocumented or have a pending immigration case.
Court Appearances – Domestic violence charges in Illinois typically require multiple court appearances. Your lawyer may work to get charges reduced or dismissed, or seek outcomes that have fewer immigration risks, such as supervision or deferred prosecution.
Convictions and Sentencing – A conviction could lead to probation, jail time, or other penalties. But beyond the criminal sentence, it’s the immigration consequences that can be most damaging. Even if a conviction doesn’t seem serious, it could make you deportable or inadmissible.
Immigration Proceedings – If ICE becomes involved, you could face removal proceedings in immigration court. This process is separate from criminal court and has its own rules. It’s possible to fight removal, but doing so successfully requires strong legal representation.
Common Immigration Situations and How They’re Affected
Different immigration statuses can impact how domestic violence charges are handled:
- Green Card Holders (Permanent Residents): A conviction can jeopardize your green card and make you ineligible for naturalization.
- Visa Holders: Non-immigrant visas (such as student or work visas) may be revoked if you’re charged or convicted.
- Undocumented Immigrants: Any contact with law enforcement can trigger ICE involvement, even before a conviction.
- Asylum Seekers: A domestic violence conviction can negatively affect your application or make you ineligible for relief.
If you’re unsure how your specific status may be affected, consult with an attorney as early as possible. You can learn more about how domestic violence charges are handled in Illinois on our domestic violence defense page.
Why Working With the Right Attorney Matters When the Stakes Are High
If you’ve been accused of domestic violence and your immigration status is at risk, trying to manage the situation on your own can be overwhelming. These cases are complex, and even small missteps can have long-lasting consequences. A skilled attorney can help you understand what’s at stake, avoid unnecessary risks, and navigate both the criminal and immigration systems without added confusion. They can also explore alternative resolutions that may reduce the impact on your status and coordinate with immigration counsel when needed.
If you’re facing domestic violence charges and are concerned about your immigration status, contact Hirsch Law Group for clear, informed legal support—taking the right steps now can make all the difference.