Immigrants have been coming to Canada for work, studying and other reasons since early colonial times. If they don’t follow the country’s immigration or criminal laws then these people can face immigration consequences, such as deportation, but when an immigrant becomes a naturalized citizen, they no longer have the same relationship to their country of origin and are judged solely according to Canadian law.
Can a naturalized citizen be deported for domestic violence, such as child abuse? No, if convicted of such a crime, they will not be deported but will face the consequences of the Canadian criminal justice system. Naturalized citizens can be deported only for misrepresentation, terrorism, treason, and foreign spying where the government will revoke their citizenship.
At Jaswal & Krueger, our law firm will make the legal process as smooth and straightforward as possible. If you are facing a domestic violence offense, a Jaswal & Krueger domestic violence lawyer will represent your interests and work towards securing a fair outcome.
What is a Naturalized Citizen?
Once an immigrant has gained Canadian citizenship, they are a naturalized citizen. Because the status of a naturalized citizen is equivalent to that of a citizen born in Canada, they have the same rights. They can vote, and they have the right to hold public office.
When it comes to citizenship, Canada recognizes multiple citizenships, so a naturalized citizen can retain their native country’s citizenship, as well as their Canadian citizenship. However, other countries do not recognize multiple citizenships, which means that some immigrants are forced to make a decision as to which citizenship they would like to retain.
If a naturalized citizen provided false information in order to become a naturalized citizen, they can be deported by the Canada Border Services Agency (CBSA), who enforce immigration law. They can also be deported if they had ill intentions for becoming a naturalized citizen, such as foreign spying.
A naturalized citizen cannot be deported for domestic violence because they are no longer subject to potential removal proceedings; instead, they are to abide by Canadian criminal laws, as outlined in Canada’s Criminal Code.
What is the Difference between a Permanent Resident and Foreign National?
Immigrants must first become lawful permanent residents in order to become naturalized citizens. They will have had to live in the country for three of the previous five years at the time they apply for their Canadian citizenship.
If you are a visitor to Canada, a refugee claimant, or a person without any kind of immigration status, you fall under the category of ‘foreign national.’ Foreign nationals do not have Canadian citizenship or have a permanent residency status.
Domestic Violence Offences
If a naturalized citizen is charged with domestic violence, the courts will use the Criminal Code of Canada to determine the individual’s consequences. While the Code doesn’t have explicit family violence laws, domestic violence is connected to many other laws outlined in the Code.
Domestic violence acts can involve:
- Physical and sexual violence
- Psychological or emotional abuse
- Family and child neglect
- Intervention in the administration of justice
If you are a naturalized citizen who is being accused of a domestic violence crime, contact a criminal defence lawyer from Jaswal & Krueger
Consequences of Having a Criminal Record
If convicted of a domestic violence offence or other violent crimes, naturalized citizens will face a variety of consequences. This can include having a criminal record, meaning they may be barred from entering the US.
People often confuse the Canadian and American legal systems because some laws are similar. However, the terminology can be a clue to determining which laws are enforced by the two countries.
Can a Naturalized US Citizen Be Deported for a Felony?
A naturalized US citizen can be deported for domestic violence if they were convicted for an aggravated felony after arriving in the country. Additionally, a US noncitizen will face removal proceedings according to Section 237 of the US’s Immigration and Nationality Act if they have a misdemeanor domestic violence conviction.
Note: The US uses the term ‘felony’ and ‘misdemeanor’ while Canada does not. Instead we use the terms ‘summary offence’ or ‘indictable offence.’
A permanent resident in Canada can be deported if they committed a serious crime in Canada or in another country. A naturalized citizen will be deported if they falsified information on their applications or if the government revokes their citizenship; either of these cases could be the result of the government discovering that the naturalized citizen is guilty of a crime committed in another country or in Canada before they became a naturalized citizen.
Decrease Your Chances of a Domestic Violence Conviction
The law is difficult to understand for those who have not dedicated themselves to it. Through our various legal services, the Jaswal & Krueger legal team can help you avoid a criminal conviction. We provide a thorough investigation into your case, answer your questions, and fight hard for your rights.
If you want further clarification regarding Canadian criminal law, contact Jaswal & Kruger Criminal Defence Lawyers. We can help prevent domestic violence convictions.