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Deporting a Japanese Spouse

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If your child is a US citizen, but your Japanese spouse is not, and if your Japanese spouse commits domestic violence against you, you may be able to have him or her deported.  Do not make these accusations carelessly, as some courts will immediately issue a restraining order against your spouse, which some claim is very difficult for your spouse to fight against.

Source: http://www.dvmen.org/dv-6.htm#background

1. If you are an immigrant, in the United States on a visa, or are an illegal alien, once convicted of domestic violence you will be deported. Under a 1996 federal law, that ruling applies whether you plead guilty, no contest, plea bargain, or accept a deferred judgement. You may also face charges of aggravated deportation and be required to serve up to ten years in a federal penitentiary before being deported.

The law requiring deportation also applies to a wide range of crimes ranging from manslaughter to misdemeanor drunken driving, as well as domestic violence.

http://renew-inc.org/immigration.html

"The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 made conviction of domestic violence or stalking grounds for deportation. However, it remains to be seen whether this law is effective at preventing violence against immigrant women by their immigrant husbands or partners."

http://www4.law.cornell.edu/uscode/

 

PART 46--CONTROL OF ALIENS DEPARTING FROM THE UNITED STATES 

46.1     Definitions. 

46.2      Authority of departure-control officer to prevent alien's departure from the United States. 

46.3     Aliens whose departure is deemed prejudicial to the interests of the United States. 

(f) Any alien who is a fugitive from justice on account of an offense punishable in the United States. 

    (g) Any alien who is needed in the United States as a witness in, or as a party to, any criminal case under investigation or pending in a court in the United States: Provided, That any alien who is a witness in, or a party to, any criminal case pending in any criminal court proceeding may be permitted to depart from the United States with the consent of the appropriate prosecuting authority, unless such alien is otherwise prohibited from departing under the provisions of this part. 

    (h) Any alien who is needed in the United States in connection with any investigation or proceeding being, or soon to be, conducted by any official executive, legislative, or judicial agency in the United States or by any governmental committee, board, bureau, commission, or body in the United States, whether national, state, or local. 

 

46.4     Procedure in case of alien prevented from departing from the United States. 

46.5      Hearing procedure before special inquiry officer. 

46.6      Departure from the Canal Zone, the Trust Territory of the Pacific Islands, or outlying possessions of the United States. 

46.7      Instructions from the Administrator required in certain cases

 


The information on this website concerns a matter of public interest, and is provided for educational and informational purposes only in order to raise public awareness of issues concerning left-behind parents. Unless otherwise indicated, the writers and translators of this website are not lawyers nor professional translators, so be sure to confirm anything important with your own lawyer.
 Last modified: March 19, 2007 Copyright © 2003-2006 Contact us 
 URL of this page is http://www.crnjapan.com//prevention/en/deportjapanesespouse.html