Immigration Consequences of a Domestic Violence Case in Michigan

For a person who is not a U.S. citizen, a Michigan domestic violence case can carry consequences under federal immigration law that are heavier than the criminal sentence. Federal law makes a noncitizen deportable if, at any time after admission, the person is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment.^[1] A court finding that the person violated a protection order is a separate ground.^[2]

Immigration law is federal, it changes through court decisions, and the outcome depends on the exact statute of conviction and the court record. This page sets out what the federal statute says and what Michigan procedure does and does not do. It is not a substitute for advice from an immigration attorney, and anyone who is not a citizen should get that advice before entering any plea.

If you are in danger, the National Domestic Violence Hotline is free, confidential, and available 24 hours a day at 1-800-799-7233, or by texting START to 88788.^[8] Protections for noncitizen victims are described near the end of this page.

What does federal law say about domestic violence convictions?

The domestic violence ground of deportability is in 8 USC 1227(a)(2)(E)(i). It reads: "Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable."^[1] The text sets no minimum sentence and no time limit after admission.^[1]

The statute then defines "crime of domestic violence." It means a "crime of violence," as defined in 18 USC 16, committed against a person by a current or former spouse, by someone who shares a child with the person, by someone who lives or has lived with the person as a spouse, by someone similarly situated to a spouse under the domestic or family violence laws of the place where the offense occurred, or by anyone else against a person who is protected from that individual's acts under domestic or family violence laws.^[9] Under 18 USC 16(a), a crime of violence is an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.^[9]

Is Michigan domestic assault automatically a deportable offense?

This guide does not say that it is, and it does not say that it is not. The federal definition has two parts: the offense has to be a federal "crime of violence," and it has to be committed against a person in one of the listed relationships.^[9] Whether a particular Michigan conviction satisfies the first part is decided under federal case law, by looking at the statute of conviction and the record. None of the sources reviewed for this guide settles the question for Michigan's domestic assault statute.

One point is worth knowing because people often assume the opposite. In the firearms context, the U.S. Supreme Court held that the phrase "physical force" in the federal definition of a "misdemeanor crime of domestic violence" is satisfied by offensive touching.^[10] That ruling interprets a firearm statute. The immigration ground uses a different definition, the "crime of violence" in 18 USC 16, so the firearm answer should not be assumed to be the immigration answer.^[9] The firearm rules are explained in the federal firearm ban for domestic violence.

The practical conclusion is narrow: a Michigan domestic violence conviction can lead to removal proceedings, and the only safe way to know the risk in a specific case is to have an immigration attorney review the charge and any proposed plea before it is entered.

Stalking, child abuse and protection order violations

The same subparagraph covers a conviction for "a crime of stalking" and for "a crime of child abuse, child neglect, or child abandonment."^[1] Michigan's stalking offenses are described in Stalking under MCL 750.411h and Aggravated stalking.

Protection orders are handled separately, in 8 USC 1227(a)(2)(E)(ii). A noncitizen who is enjoined under a protection order, and whom the court determines has engaged in conduct that violates the portion of the order involving protection against credible threats of violence, repeated harassment, or bodily injury, is deportable.^[2] The federal definition of "protection order" includes temporary or final orders issued by civil or criminal courts.^[2]

Because this ground rests on a court's determination and not on a conviction, a finding that a person violated a Michigan personal protection order (PPO) can matter for immigration purposes.^[2] What a violation hearing involves is covered in PPO violation penalties, and the criminal-case counterpart in Violating a no-contact order.

Crimes involving moral turpitude

A separate, older ground applies to "crimes involving moral turpitude." A noncitizen is deportable if convicted of one such crime committed within five years after the date of admission, when it is a crime for which a sentence of one year or longer may be imposed.^[11] A noncitizen is also deportable if convicted, at any time after admission, of two or more such crimes that did not arise out of a single scheme.^[11]

The one-year test looks at the sentence that may be imposed, not the sentence actually given.^[11] For reference, Michigan's maximum sentences are:

Michigan offense	Maximum sentence
Domestic assault, first offense	93 days[12]
Domestic assault, second offense	1 year[13]
Domestic assault, third offense	5 years (a felony)[14]

Whether any of these offenses is a crime involving moral turpitude was not verified for this guide and is another question for an immigration attorney.

Who has to tell a noncitizen about these risks?

The defense lawyer. In Padilla v Kentucky, decided in 2010, the U.S. Supreme Court held that counsel must inform a client whether a plea carries a risk of deportation.^[3] Where the immigration consequence is unclear, a criminal defense attorney need do no more than advise the client that pending charges may carry adverse immigration consequences; where the deportation consequence is truly clear, the duty to give correct advice is equally clear.^[3]

Many people expect the judge to raise the subject during the plea. In Michigan that should not be assumed: a full-text search of the Michigan Court Rules, as updated January 1, 2026, found no rule requiring a judge to warn a pleading defendant about immigration consequences.^[4] A person who is not a citizen should raise immigration status with the defense lawyer at the first meeting, including with a court-appointed lawyer. See The right to a lawyer and Plea bargains in domestic violence cases.

Does a deferral or a dismissal avoid the problem?

Under Michigan law, a discharge and dismissal under the domestic violence deferral statute is without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.^[15] That is a statement of Michigan law. Federal immigration law has its own definition of "conviction": where adjudication of guilt has been withheld, it includes a case in which the person entered a plea of guilty and the judge ordered some form of punishment, penalty, or restraint on the person's liberty.^[16] A Michigan deferral can therefore still count as a conviction for immigration purposes even though Michigan law does not treat it as one. No decision applying the federal definition to a Michigan deferral was reviewed for this guide, so the question should be asked of an immigration attorney before a deferral is accepted, not after. The Michigan side is explained in Does a deferral count as a conviction?

Protections for noncitizens who are abused

Fear of immigration consequences keeps some people from reporting abuse. Federal law provides several protections aimed at that situation.

VAWA self-petition

USCIS states that people who have been abused by a U.S. citizen or lawful permanent resident relative can petition for immigrant classification on their own, "without the abuser's knowledge, consent, or participation in the immigration process."^[5] The self-petition is filed on Form I-360, and it is available to a person abused by a U.S. citizen or permanent resident spouse or parent, or by a U.S. citizen son or daughter who is 21 or older.^[5]

U nonimmigrant status (the U visa)

U nonimmigrant status is for victims of listed crimes, and domestic violence is on the list. The victim has to have suffered substantial physical or mental abuse and to have been, be, or be likely to be helpful to law enforcement in the investigation or prosecution.^[6] The petition is Form I-918 with a law enforcement certification, the status is valid for four years when granted, and principal U visas are limited to 10,000 a year, a cap that does not apply to family members deriving status.^[6]

Waiver for a person who was battered

Sometimes the person arrested is the person who has been abused. The Attorney General "is not limited by the criminal court record" and may waive the domestic violence, stalking and protection order grounds for a noncitizen who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship, upon one of the determinations the statute lists, such as that the person was acting in self-defense or was found to have violated a protection order intended to protect that person.^[7] The Michigan law on these situations is in Dual arrest and "who started it" and Self-defense law.

What this page does not cover

This page deals with deportability after admission. It does not cover the separate grounds of inadmissibility, which affect visa applications, adjustment of status and re-entry after travel, or the effect of a criminal case on naturalization. Those subjects were not researched for this guide. Local victim services are listed in Where to get help in West Michigan.