If You Commit a Crime, Will Having a U.S. Citizen Child Prevent Deportation

What is the likelihood of deportation for an individual residing in the United States illegaly (undocumented) for many years who is arrested & charged with Domestic Violence (felony battery).... the individual has a US born child who resides in part with 1 caregiver and in part with the other caregiver.

Is there a way to assume consequences (arrest, charges, court, etc.) without deportation? Is there a way to avoid deportation on the basis that individual has a US born child?

Please assist any way you can. Thank you.

You are a poster child for deportation after conviction and jail. An anchor baby won't save you.

Felony battery? Great chance of deportation.

The alien needs both a criminal law attorney and an immigration attorney.

Thank you for your response, Dogmatique.

Might the court take into account if the victim requests that the alien not be deported, due to the child (who is U.S. born and would remain in the U.S.)?

Deportation would mean separating the alien parent and the child... (forever?). Child and child's other (citizen) caregiver were not involved in the domestic violence incident in any capacity.

The alien parent should have thought of this before assaulting whomever it was s/he assaulted. There would presumably be no issue preventing the other parent from taking the child to visit the deported alien?

As I said, the alien needs two attorneys - now.

Thanks once again.

Victim is concerned with deportation aspect due to child (impact of such on child & so forth). You are right in regard to alien parent. Citizen parent unlikely to take child for out of country visit.

In aims of being realistic, do you believe an immigration attorney would be able to fight the deportation factor effectively.... or, is it largely a lost cause?

I don't think it would be wise for anyone here to give you a more definitive answer than, "It doesn't look good".

He's here illegally and that has been the case for years. This alone shows the court that he has absolutely no respect for the laws of the land. Now he's been hit with a felony DV conviction. Without wanting to appear insulting or rude, the US simply doesn't want that type of person here.

Is the victim actually the child's other parent? There's a reason I'm asking.

No, the alien's former girlfriend.

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To be more precise, the victim is the alien's former girlfriend.

The child's parents do not reside together and are not together as a couple.

Then it's likely that she has absolutely no standing to do anything at all about the deportation.

Waivers are generally granted only if there will be a significant hardship on a US citizen if the deportation is carried out.

That is not the case here.

It would likely be a significant hardship to the child & child's mother (citizen by marriage) due to loss of child support?

Although, it seems that if the charge results in conviction/incarceration, provision of child support would not be possible even if alien remains in the US.

Your responses have been very much appreciated.

Loss of child support? How is he paying child support?

I dont quite understand it. But he and the child's mother have a family court case open for several years. In which child support has been established, but the case has not been closed, nor time sharing, etc. settled.

Yet, he is an alien...

He has been in contempt for not paying her attorney's fees, but has returned to court, and never been deported. In fact, he started the family court case, as the mother initially refused to let him see the child. All the while being undocumented. Confusing.

Let me rephrase the question :)

Is he paying child support? If so, where is he getting the money?

I believe he has been compliant with child support.... he works independently. Usually provided with a check to his name. In very few circumstances he was able to provide a TIN# (Tax identification number) if problematic. However, he was very clear on being undocumented/illegal. Came to US at a younger age, never gained immigration status. Has no social security number, no work visa... I dont even understand how he got a TIN#... and a bank account for that matter. No license/state ID either.

A TIN is not difficult to obtain.

However, the fact remains that he is undocumented, has been working illegally and now has a felony DV conviction. I'm sorry, but the chances of him being allowed to remain in the country are slim to none.

Understood. Thank you kindly for taking the time to respond to my inquiries.