Domestic Violence Charges and Immigration: The High Stakes for Tech Workers and Students

For many professionals, engineers, and students working and studying in the greater Seattle area on visas or green cards, a domestic violence (DV) charge isn’t just a legal problem—it’s a direct threat to your immigration status. The U.S. immigration system takes allegations of domestic violence very seriously, and even a charge—let alone a conviction—can have devastating consequences for those who rely on their legal status to live and work in the U.S.

If you’ve been accused of domestic violence, your first priority must be securing an experienced criminal defense attorney. What you do in the hours and days after your arrest can make the difference between protecting your future and facing possible deportation.

questioned by police

What Counts as “Domestic” in Domestic Violence Charges?

Many people assume that a domestic violence charge only applies to married couples or those in romantic relationships. In reality, Washington law defines domestic violence far more broadly. It can include allegations involving:

  • Spouses and ex-spouses
  • People who share a child (even if they never lived together)
  • Current or former dating partners
  • Family members, including siblings, parents, and even in-laws
  • Roommates and household members (past or present)

This broad definition means that an intense argument, misunderstanding, or false accusation can suddenly turn into a serious legal issue with immigration consequences.

The Prosecution Doesn’t Need the Alleged Victim to Move Forward

A common misconception is that if the alleged victim doesn’t want to press charges, the case will go away. In Washington, that’s not how it works. Once a domestic violence report is made, the decision to prosecute lies entirely with the state—not the accuser.

Prosecutors can and often do move forward with cases even when the alleged victim recants, refuses to cooperate, or even testifies that no crime occurred. This is particularly problematic for immigrants, as the legal process can spiral out of their control, making early and aggressive legal defense absolutely critical.

How a Domestic Violence Charge Can Affect Your Immigration Status

For non-citizens, even a single accusation of domestic violence can trigger serious immigration consequences, including:

  • Deportation (Removal Proceedings) – A domestic violence conviction, particularly if it involves allegations of assault, harassment, or threats, may be grounds for removal.
  • Inadmissibility – If convicted, you may be barred from re-entering the U.S. after traveling abroad or from applying for adjustment of status (green card) or naturalization.
  • Visa Revocation or Denial – A conviction or even an arrest can lead to visa revocation, making future renewals or extensions difficult, if not impossible.
  • Impact on Employment-Based Immigration – If you’re working on an H-1B, L-1, or another employment-based visa, a criminal charge could result in termination, affecting both your job and visa status.

Defending Against a Domestic Violence Charge: What You Must Do Immediately

  • Remain Silent – Do not try to “explain” your side to the police. Anything you say can be used against you. Your words can be twisted, misinterpreted, or taken out of context.
  • Hire an Experienced Criminal Defense Attorney – Your first call after an arrest should be to a skilled defense lawyer who understands both Washington domestic violence laws and the immigration consequences of a charge.
  • Avoid Contact with the Alleged Victim – Even if you believe the accusation was a misunderstanding, violating a no-contact order—even accidentally—can make your situation far worse.
  • Gather Evidence and Witnesses – A strong defense often hinges on evidence such as text messages, emails, or testimony that contradicts the accusations.
  • Do Not Assume It Will “Go Away” – Even if the alleged victim wants to drop the charges, the prosecution will continue unless a strong legal defense compels them to dismiss the case.

Domestic Violence Cases Are Often ‘Hazy’ – A Strong Defense Is Imperative

Domestic violence cases are rarely clear-cut. They often involve:

  • Conflicting Stories – Many cases come down to one person’s word against another’s, with little to no physical evidence.
  • Misunderstandings and False Accusations – Arguments can be misinterpreted, and in some cases, accusations are made out of anger, revenge, or in the heat of the moment.
  • Police Bias and Overcharging – Officers responding to domestic disputes often feel pressure to make an arrest, sometimes leading to charges based on limited or unreliable evidence.

Take the First Step to Protect Your Future

If you’re a non-citizen facing domestic violence charges in Washington, your future in the U.S. is at risk. You need a defense attorney who understands not just the criminal case against you, but all the consequences as well. The stakes couldn’t be higher—don’t leave your future to chance.

At Knauss Law, we know how to fight these charges and protect what matters most to you. We will work with your immigration attorney or, if you don’t currently have one, we will refer you to one who we trust.

Take the first step toward securing your defense—contact us today