Becoming a citizen of a country other than one of a person’s origin is a lengthy process. Naturalization is the path by which foreigners gain such citizenship. Given all the trouble such individuals have to go through, it behooves them to be upstanding citizens of their adopted country. However, sometimes they may find themselves running afoul of the law. Domestic violence is one of those things that can have a naturalized citizen deported to their country of origin under certain circumstances. If you’re an individual facing such a dilemma, Sean Fagan Criminal Defence Lawyer is one of those firms you want to take up your case. With years of experience in litigation, you can rest easy knowing that you’ll get astute legal representation.
Domestic Violence and Immigration
Domestic violence usually refers to abuse, physical or emotional, of another person with whom you have an intimate relationship. It can also be assumed as intimacy violence against the partner. However, it can have a broad definition to mean abuse of a relative, child, or any other person with whom you share a residence.
Domestic violence is generally considered a misdemeanor unless the victim suffered significant physical injuries. In the latter case, it then becomes a felony, thereby resulting in harsher sentences.
Immigrants that are granted legal resident status or citizenship must be careful about breaking laws lest they jeopardize their new status. Domestic violence is one of those offenses that can lead to a revocation of such a status.
Mostly, immigrants that become naturalized citizens cannot be deported for domestic violence. Of course, they’ll face the full wrath of the law in the form of imprisonment, a restraining order, or other such measures if convicted of domestic violence. Such naturalized citizens can only forfeit their citizenship under special circumstances like being convicted of treason, terrorism, or espionage.
Immigrants without citizenship may face deportation in cases of domestic violence, depending on the severity of the case or their past criminal record.
Causes for Deportation
Deportation, also known as removal in the US, is when the government decides to take a person back to their country of origin. While it is usually for immigrants or permanent residents that may have broken the law, it can apply to naturalized citizens in some situations. These include:
i)Providing False Information: Becoming a naturalized citizen involves numerous paperwork. An applicant will be required to provide a lot of personal information during the process of applying for citizenship. If, after gaining citizenship, the information is found to be untrue, the person may be stripped of their citizenship.
- ii) Criminal Record: If a person is granted citizenship, and it is found that they had committed a crime prior to their application, their citizenship may be revoked. Perhaps the person committed a domestic violence offense and received a restraining order. If such information comes to light after their naturalization, they may be stripped of their new citizenship and deported.
iii) Child Neglect or Abandonment: Neglect or abandonment of a minor (anyone under the age of 18 years) is a serious offense. Such a person may face deportation proceedings. Other crimes against minors include physical and emotional abuse, exploitation for profit and sexual gratification, and allowing minors to partake in illegal acts like prostitution.
It’s crucial to remember that the circumstances of a case will greatly determine if a naturalized citizen will have deportation proceedings initiated against them. For example, someone who is discovered to have an extensive criminal past involving shady things like international gun running and ties to terrorist or criminal organizations will be at a higher risk of deportation. If such an individual then proceeds to commit some domestic violence offenses, they may find themselves facing deportation even if they were already naturalized citizens.
Is Stalking Constituted in Domestic Violence?
Stalking is when an individual persistently follows another, either through physical surveillance or online. Technically, it is not a crime. However, when stalking contains elements of aggression, then it becomes an offense. A good example is a man that stalks an ex-wife after a bitter divorce. If such a man then proceeds to make physical threats against such a woman, the stalking becomes a threat to the woman’s safety. Such a man can be prosecuted under domestic violence laws. In this instance, the stalking has turned into harassment with the possibility of physical injury to the woman.
Ultimately, a naturalized citizen doesn’t have to worry about deportation due to domestic violence offenses if they’ve been law-abiding citizens before their arrest.