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  1. #1
    Join Date
    Sep 2012
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    Default 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.

  2. #2
    Join Date
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    Default Re: Likelihood of Deportation, Illegal Alien with U.S. Born Child,after Domestic Viol

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

  3. #3
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    Default Re: Likelihood of Deportation, Illegal Alien with U.S. Born Child,after Domestic Viol

    Felony battery? Great chance of deportation.

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

  4. #4
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    Sep 2012
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    Default Re: Likelihood of Deportation, Illegal Alien with U.S. Born Child,after Domestic Viol

    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.

  5. #5
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    Default Re: Likelihood of Deportation, Illegal Alien with U.S. Born Child,after Domestic Viol

    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.

  6. #6
    Join Date
    Sep 2012
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    8

    Default Re: Likelihood of Deportation, Illegal Alien with U.S. Born Child,after Domestic Viol

    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?

  7. #7
    Join Date
    Apr 2009
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    Default Re: Likelihood of Deportation, Illegal Alien with U.S. Born Child,after Domestic Viol

    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.

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