Immigration Consequences of Assault Convictions

A concerned man sitting at a desk reviewing immigration and legal documents, symbolizing the impact of an assault conviction on non-citizen immigration status in Texas and the importance of hiring a lawyer near you.

Immigration Consequences of Assault Convictions

If you are not a U.S. citizen and you’re facing or have been convicted of assault in Texas, your immigration status could be in jeopardy. Even a misdemeanor conviction may lead to detention, deportation, denial of naturalization, or inadmissibility if you ever leave and try to re-enter the United States.

Many non-citizens are shocked to learn that criminal and immigration courts are separate systems, and that even probation or deferred adjudication won’t always protect you from immigration consequences.

In this beginner’s guide, we’ll walk through:

  • How assault charges affect immigration status

  • Which convictions are considered crimes of “moral turpitude” or “aggravated felonies”

  • Whether deferred adjudication helps or hurts

  • How ICE may respond to charges—even without a conviction

  • Why you need a criminal defense lawyer near you who understands immigration impact

Let’s break it down.

Will an Assault Conviction Affect My Immigration Status?

Yes. In many cases, an assault conviction—even a misdemeanor—can trigger removal proceedings, block green card renewals, or make you ineligible for naturalization.

The most serious immigration risks come from offenses considered:

  • Crimes involving moral turpitude (CIMT)

  • Aggravated felonies

  • Crimes involving domestic violence

Assault can fall into any or all of those categories depending on the circumstances.

What Is a Crime Involving Moral Turpitude (CIMT)?

This is a vague legal category that includes offenses that:

  • Are inherently dishonest or morally wrong

  • Involve intentional or reckless violence

  • Demonstrate bad character

Under immigration law, intentional assault—especially involving bodily injury—is often considered a CIMT, even if it’s a misdemeanor.

If you are convicted of a CIMT:

  • Within 5 years of entry and sentenced to 1 year or more → Deportable

  • At any time, if you are convicted of two CIMTs not from the same event → Deportable

Texas assault charges—particularly Class A assault involving bodily injury—can meet this threshold.

Learn more about Class A and C distinctions here: Simple Assault: Texas Laws and Penalties (Clarify Class C vs. Class A)

What Is an Aggravated Felony for Immigration Purposes?

“Aggravated felony” doesn’t always mean the offense was aggravated under Texas law. Under federal immigration law, it includes:

  • Assault with a deadly weapon

  • Aggravated assault

  • Crimes of violence with a sentence of one year or more, regardless of how much time was actually served

A conviction for an aggravated felony results in:

  • Automatic deportation

  • Permanent ineligibility for re-entry

  • Bar from asylum or cancellation of removal

For examples, see: Assault with a Deadly Weapon: What It Means in Texas Courts

What If the Case Involves Family Violence?

Assault involving a spouse, partner, roommate, or family member carries especially harsh consequences under immigration law.

A conviction or even a deferred adjudication for Assault – Family Violence can result in:

  • Deportability under INA §237(a)(2)(E)

  • Bar to citizenship

  • Bar to green card renewal

  • Bar to relief such as cancellation of removal or adjustment of status

Even if the sentence is minimal—or served on probation—family violence findings are treated as serious threats to public safety.

More on this: Assault in Family Violence Cases in Galveston County

What About Deferred Adjudication or Probation?

In Texas, deferred adjudication may help you avoid a final conviction under state law, but immigration courts do not treat it the same way.

Federal immigration authorities may still treat deferred adjudication as a “conviction” if:

  • You pled guilty or no contest

  • The court ordered punishment (probation, counseling, etc.)

This means that even if you avoid jail or a conviction under Texas law, you can still be deported under federal law.

See: Can You Get Probation for Assault in Galveston County? (Straight vs. Deferred)

What If I’m Still in Court or the Case Was Dismissed?

If your case is pending, you still face risk:

  • ICE detainers can be issued based on charges alone

  • Bond hearings may be more restrictive

  • You may be placed in removal proceedings while your case is active

If your case is dismissed, you may be safe—but you must confirm there is:

  • No final conviction

  • No finding of family violence

  • No guilty plea on record

Expungement and non-disclosure under Texas law do not erase the federal immigration consequences of a prior guilty plea or family violence finding.

Can ICE Detain or Deport Me for an Assault Arrest?

Yes. ICE can:

  • Place a detainer hold on you in jail

  • Transfer you to immigration custody after bond or sentencing

  • Issue a Notice to Appear (NTA) in immigration court

Even if you’re released on bond in your assault case, you could still face detention or removal by immigration authorities.

Will an Assault Conviction Block Citizenship or a Green Card?

Yes. If you’re applying for:

  • Naturalization

  • Adjustment of Status (Green Card)

  • Asylum

  • Cancellation of Removal

…a conviction for assault—especially family violence—can result in:

  • Denial of your application

  • Referral to immigration court

  • Revocation of existing status

You must prove “good moral character” for many immigration benefits, and violent offenses raise serious red flags.

How a Lawyer Near You Can Help

If you’re not a U.S. citizen and you’re facing assault charges, your criminal case and your immigration status are deeply connected. Many defense lawyers do not fully understand how a guilty plea, deferred adjudication, or protective order can affect your ability to stay in the country.

At the Law Office of JL Carpenter, we’ve helped clients in Harris County and Galveston County resolve assault charges while minimizing immigration damage. JL is a former felony prosecutor who understands both the legal and personal stakes—and how to work with immigration attorneys to craft the best possible outcome.

We’ll help you:

  • Fight for dismissal or non-violent plea alternatives

  • Avoid immigration-triggering convictions

  • Understand how each option affects your future

Call (713) 201-6767 or visit https://www.jlcarpenterlaw.com/contact/ for a confidential consultation with a lawyer near you who understands how to protect your freedom and your immigration status.