For non-U.S. citizens in Colorado, a domestic violence charge can have devastating immigration consequences. Even a misdemeanor conviction can trigger deportation, block future green card eligibility, or affect your ability to become a U.S. citizen.

Individuals must know how a Colorado domestic violence conviction impacts immigration status, what laws apply, and what defense options may exist for noncitizens accused of domestic violence.

Why Immigration Consequences Are So Serious

Colorado criminal courts handle the criminal charge itself, but federal immigration law governs what happens afterward. Once a conviction is entered, the Immigration and Nationality Act (INA) takes effect — and that can mean removal (deportation), visa denial, or ineligibility for status adjustment.

Under INA § 237(a)(2)(E), any noncitizen convicted of a crime of domestic violence, stalking, child abuse, or violating a protective order is deportable. Even if the offense is a misdemeanor under Colorado law, federal authorities may treat it as a removable offense.

Key takeaway: Immigration consequences depend more on the type of offense and its elements than on the sentence imposed.

What Counts as a “Crime of Domestic Violence” in Immigration Law

A “crime of domestic violence” under federal immigration law generally includes any offense that:

  1. Involves the use, attempted use, or threatened use of physical force, and

  2. Is committed against a protected domestic relationship (such as a spouse, former spouse, co-parent, or intimate partner).

If a Colorado statute meets these criteria, the conviction can make a person deportable, even if it’s classified as a minor offense in state court.

Colorado Domestic Violence Laws and Immigration Risks

Colorado treats domestic violence as a sentencing enhancer rather than a standalone crime. That means offenses like assault, harassment, or criminal mischief can be labeled “domestic violence” if the victim is an intimate partner.

This has major implications for immigrants:

  • Prosecutors must attach the domestic violence “tag” if the relationship qualifies — even for plea bargains.

  • A mandatory protection order is issued in every domestic violence case; violating it can independently trigger deportability.

  • Colorado recently capped most misdemeanor sentences at 364 days, which can sometimes avoid certain aggravated felony consequences tied to one-year sentences.

However, even a 364-day sentence does not automatically prevent removal. Federal immigration law looks at the statutory elements, not just the punishment.

Common Domestic Violence Charges in Colorado

Colorado does not have one single “domestic violence” statute. Instead, it uses the domestic violence label as a sentencing enhancer attached to many underlying crimes. The following are among the most common charges that carry a domestic violence designation:

1. Third-Degree Assault (CRS 18-3-204)

A charge of third-degree assault in Colorado involves knowingly or recklessly causing bodily injury to another person. When committed against an intimate partner, it becomes a domestic violence assault charge.

Immigration impact: Often treated as a crime involving moral turpitude (CIMT) because it involves intentional harm.

2. Harassment (CRS 18-9-111)

Harassment charges in Colorado include striking, shoving, following, or repeatedly contacting another person to harass or alarm them. When the victim is a current or former partner, prosecutors add the domestic violence tag.

Immigration impact: Can be considered a domestic violence crime even without physical injury if threats or intimidation are involved.

3. Criminal Mischief (CRS 18-4-501)

Criminal mischief is damaging or destroying property belonging to a partner (such as breaking a phone or vehicle) is charged as domestic violence criminal mischief.

Immigration impact: May trigger deportability because it involves intentional or reckless damage during a domestic dispute.

4. Menacing (CRS 18-3-206)

A menacing charge in Colorado involves using threats or weapons to place another in fear of serious injury.

Immigration impact: Often viewed as involving the “use or threatened use of force,” making it a strong candidate for domestic-violence deportation grounds.

5. Stalking (CRS 18-3-602)

Colorado stalking charges involve repeatedly following, contacting, or threatening someone, causing emotional distress.


Immigration impact: Explicitly listed in INA § 237(a)(2)(E) as a deportable offense.

Colorado’s broad definition means even non-violent conduct (like texting an ex-partner after an order is issued) can have severe immigration fallout.

Additional Immigration Triggers: CIMTs and Aggravated Felonies

A Colorado domestic violence conviction can also be treated as:

  • A Crime Involving Moral Turpitude (CIMT): Because it involves intentional harm or threats, domestic violence often qualifies as a CIMT.

  • An Aggravated Felony: Serious domestic violence cases — such as those involving bodily injury or a weapon — can be classified as aggravated felonies under federal law.

Consequences of These Classifications

  • Inadmissibility: Denial of entry or green card adjustment.

  • Mandatory detention: ICE can hold you without bond.

  • Loss of relief: Disqualification from cancellation of removal or asylum.

  • Permanent bars: Some aggravated felonies carry lifetime re-entry bans.

How Immigration Status Affects the Outcome

1. Visa Holders and Temporary Residents

If you are in the U.S. on a work, student, or visitor visa:

  • A domestic violence conviction can lead to visa revocation.

  • USCIS may deny extensions or changes of status.

  • ICE may initiate removal proceedings, even if the case was a misdemeanor.

2. Lawful Permanent Residents (Green Card Holders)

Green card holders face unique risks:

  • Deportation under INA § 237(a)(2)(E).

  • Denial of naturalization due to lack of “good moral character.”

  • Ineligibility for certain forms of relief if classified as an aggravated felony.

3. Undocumented Immigrants or Those Applying for Status

If you’re undocumented or applying for a green card:

  • A conviction can make you removable and inadmissible.

  • Departing the U.S. after conviction may block re-entry.

  • Immigration judges can deny discretionary relief due to the conviction.

Defense Strategies to Protect Immigration Status

A skilled defense attorney who understands both Colorado domestic violence laws and immigration consequences can help minimize the damage.

Criminal Defense Strategies

  • Plea to a non-removable offense: Negotiating to remove the domestic violence label or plead to an offense without force elements.

  • Deferred judgment or diversion: May avoid formal conviction, but caution — immigration law often still counts it as a conviction if there’s an admission of guilt.

  • Early intervention: Involving an immigration-savvy defense lawyer before entering any plea is critical.

Post-Conviction Relief

  • Vacating a conviction: If the plea was unconstitutional or improper, vacatur can erase the conviction for immigration purposes.

  • Sentence modification: Reducing a sentence to under one year may prevent classification as an aggravated felony.

Immigration Relief Options

  • Cancellation of removal: Some residents may qualify based on family hardship and years in the U.S.

  • VAWA self-petition: Victims of domestic abuse by a U.S. citizen or green card holder may qualify for relief under the Violence Against Women Act.

  • Waivers: Certain waivers may be available in removal proceedings depending on family hardship and rehabilitation.

Practical Guidance for Defendants

  • Never plead guilty without immigration advice. What seems like a good plea in state court may cause deportation.

  • Hire a dual-experienced attorney. Choose a Colorado criminal defense attorney who collaborates with immigration counsel.

  • Disclose your status immediately. Your lawyer needs to know early to craft a safe plea strategy.

  • Don’t rely on record sealing. Expungement or sealing under Colorado law rarely removes immigration consequences.

  • Avoid protective order violations. Violating an order can independently trigger deportability.

Collateral Immigration Effects

Even if removal isn’t pursued, a domestic violence conviction can still:

  • Affect good moral character determinations for naturalization.

  • Result in travel denials or visa refusals abroad.

  • Limit discretionary relief such as adjustment or cancellation.

Key Takeaways

  • Colorado domestic violence convictions carry significant immigration consequences under federal law.

  • The domestic violence enhancer makes plea bargaining more complex for noncitizens.

  • CIMT and aggravated felony classifications can cause detention, denial of benefits, or permanent removal.

  • Early collaboration between a criminal defense lawyer and immigration attorney is essential to protect your future.

If You’re Facing Domestic Violence Charges in Colorado

A domestic violence charge doesn’t automatically mean deportation — but the risk is real and immediate. At Lawrence Law Firm, we understand how to protect noncitizens from the harsh overlap of criminal and immigration law.

Contact our Colorado domestic violence defense attorney today for a confidential consultation and case strategy designed to safeguard both your freedom and your immigration status.

FAQs About Domestic Violence and Immigration in Colorado

Can I be deported for a domestic violence conviction in Colorado?
Yes. Under INA § 237(a)(2)(E), a conviction for a crime of domestic violence makes a noncitizen deportable, even if it’s a misdemeanor.

Will a sealed or expunged conviction still affect immigration?
Usually yes. Federal immigration law still considers a conviction valid unless it was vacated due to a legal or constitutional defect.

Can I avoid deportation if my charge is dismissed or reduced?
If your case is dismissed, there are no immigration consequences. A reduced plea to a non-domestic-violence offense may also help, depending on the statute.

Can green card holders lose their status after a domestic violence conviction?
Yes. A domestic violence conviction can lead to removal proceedings and may block naturalization due to failure to demonstrate “good moral character.”