Legal Question in Immigration Law in Oregon

When does an immigration court get involved?

My Ex is originally from Brazil, entered legally August 2000.

We were married and completed all requirements with immigration, she is now a permanent resident with restrictions removed.

After our divorce (March 2005) she has been convicted on domestic assault 4 against her boyfriend, 18 mo. probation & anger management classes, completed.

Recently (Sept 09) she again was arrested on assault 4 against the same boyfriend.

As I understand, if the DA wants to, it could be elevated to assault 3, a class C felony. This could be up to 5 years in prison.

My question is how and when does an immigration court get involved and could this lead to deportation?

I'm staying out of this situation, but as I have full custody of our kids, I need to be prepared for what may happen to my Ex and how that will affect our 2 girls (7 & 12 years old).

PS. side question, if the worst happens and she is deported, what does that do to our parenting plan? I want her to be a part of our kids lives, I want her to take teh kids more often than she does as it is, but there is no way I can afford to take the kids to Brazil on a regular basis.


Asked on 10/08/09, 12:16 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Yes, she can be deported. For a domestic violence offense it doesn't matter whether it's felony or misdemeanor. Both are deportable offenses.

When she applies for citizenship or to renew her permanent resident card, at that time, usually, immigration gets involved, and a person can be referred for removal/deportation.

If you�d like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 10/13/09, 12:31 am


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