Legal Question in Immigration Law in California

Hi I am on a non immigrant visa. I have been charged with 403(e), domestic battery in CA/Santa Clara County. The case is a misunderstanding on the part of a bystander who called the cops. My wife is supporting me. My question is related to immigration. If I don't contest this and get a sentence for probation (which I understand could be two years)

1) Will I be deported

2) I have only 1 year left on my visa, how can I complete my probation

3) My visa is valid only till my company keeps me employed, on this charge they may fire me and therefore I will become ineligible to be on visa here. In such cases how is probation handled.

4. How does deportation for someone on probation work? Do they ask you to leave or deport you immediately? Do I have to fear going to jail during deportation. If deportation is a possibility I dont want to fight it and want to leave the US, if it is legal and possible.

Kindly provide your comments.


Asked on 1/24/10, 11:03 pm

4 Answers from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

you will have to fight it to be safe

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Answered on 1/30/10, 2:25 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

You need to know that domestic violence convictions, crimes of violence and certain other crimes you might be convicted of are very damaging to immigration status. Even if you never live in the U.S. again after your visa expires, this conviction could haunt you in the rest of your life for reasons having nothing to do with immigration. Your criminal attorney absolutely should speak with immigration counsel to understand the immigration consequences of whatever conviction you get. All too often criminal attorneys don't fully understand this and end up with their clients very surprised sometimes years later for errors they make in agreeing to plea bargain that is damaging. Have your criminal attorney work with immigration counsel to figure this out such that you have as many choices for future life wherever you live.

The above is informational and not legal advice. It does not form an attorney client relationship. For further information, call 818 609 1953 or write [email protected].

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 1/30/10, 10:11 am
Charles Medina Law Office of Charles Medina

If you are convicted a crime involving moral turpitude, this is the ground for deportation. We suggest you to consult with an immigration attorney to find out what is the solution.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 1/30/10, 11:00 am
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

This answer supplements all of the answers above. You should consult an immigration attorney who will be able to review your situation, the record in front of the court and whatever your criminal attorney or public defender has. Afterwards, the immigration attorney can make recommendations as to what you should or should not plead guilty to. It is not in your interest to just get a lower sentence if you only end up being deported or inadmissible for years to come.

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Answered on 2/04/10, 12:29 pm


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