Montana Domestic Violence Guide

Immigration Consequences of a PFMA in Montana

If you are not a U.S. citizen, the immigration result of a PFMA case can matter more than the sentence. Federal law has a deportation ground written for domestic violence offenses.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: September 17, 2026

Key Takeaways: Immigration Consequences of a PFMA in Montana

A non-citizen convicted, at any time after admission, of a crime of domestic violence is deportable under 8 U.S.C. § 1227(a)(2)(E)(i).
A separate ground covers a person a court finds has violated a protection order. It does not require a criminal conviction (8 U.S.C. § 1227(a)(2)(E)(ii)).
Immigration law has its own definition of conviction. A guilty or no contest plea plus any punishment or restraint counts, even if guilt was never formally entered (8 U.S.C. § 1101(a)(48)(A)).
Whether a particular Montana PFMA conviction fits the federal definition is a technical legal question that turns on the statute's elements, not on what happened that night.
Your criminal defense lawyer has a constitutional duty to advise you about deportation risk before a plea (Padilla v. Kentucky, 559 U.S. 356 (2010)).
See an immigration lawyer before any plea. A&M Law handles the criminal case, not immigration matters.

If you are not a U.S. citizen, a Montana PFMA conviction can make you deportable under a federal law written for domestic violence offenses, and a violation of a protection order can do the same without any conviction. Whether your case fits those grounds is a technical question that must be answered before a plea, not after. This page explains the criminal side of that question. It is part of our Montana Domestic Violence Guide. A&M Law defends the criminal charge. For the immigration case itself, you need an immigration lawyer.

The Federal Domestic Violence Ground

The statute is 8 U.S.C. § 1227(a)(2)(E)(i): "Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable."

A "crime of domestic violence" means any crime of violence, as defined in 18 U.S.C. § 16, against a person, committed by a current or former spouse, a person who shares a child with that person, a person who lives or has lived with them as a spouse, a person similarly situated to a spouse under the domestic or family violence laws of the place where the offense occurs, or any other individual against a person who is protected from that individual's acts under domestic or family violence laws.

Two features stand out. There is no minimum sentence, so a misdemeanor with no jail can qualify. And there is no time limit: the ground applies to a conviction "at any time after admission."

Why a PFMA Is Not Automatically a Match

Montana's PFMA statute can be violated three ways: purposely or knowingly causing bodily injury, negligently causing bodily injury with a weapon, or purposely or knowingly causing reasonable apprehension of bodily injury (MCA § 45-5-206(1)). The federal definition asks something narrower. Under 18 U.S.C. § 16(a), a crime of violence is "an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another."

Immigration courts compare the elements of the state offense to that federal definition. Which PFMA subsection the conviction rests on, and what the record of conviction shows, can change the answer. That comparison is governed by federal court and immigration decisions that this page does not attempt to summarize. The practical point is that the exact charge and the wording of a plea are things your defense lawyer and an immigration lawyer should work out together.

Related Montana charges raise their own questions. Stalking is named in the same federal ground. A felony such as strangulation of a partner or family member can raise additional grounds beyond the one described here.

Protection Order Violations

Under 8 U.S.C. § 1227(a)(2)(E)(ii), a non-citizen is deportable if, after admission, the person is enjoined under a protection order and a court determines the person "has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury." A protection order here means any injunction issued to prevent violent or threatening acts of domestic violence, "including temporary or final orders issued by civil or criminal courts."

This ground turns on a court's determination. For a non-citizen, that makes strict compliance with every no contact order and order of protection even more important than it already is. Follow the order exactly as written, and let your lawyer handle anything that needs to be communicated. See violating an order of protection.

What Counts as a Conviction

Montana offers outcomes, such as a deferred imposition of sentence, that can end in the charge being dismissed. Federal immigration law does not follow Montana's labels. A conviction is a formal judgment of guilt or, "if adjudication of guilt has been withheld," a case where the person pleaded guilty or no contest or admitted sufficient facts, and "the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty" (8 U.S.C. § 1101(a)(48)(A)).

So a resolution that protects a citizen's record may not protect a non-citizen's status. See dismissal after a deferred sentence for how that process works under Montana law.

If You Were Also Harmed in the Relationship

Federal law recognizes that the person arrested is sometimes a person who has been abused. The Attorney General may waive the domestic violence, stalking, and protection order grounds for a person "who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship," in listed circumstances that include acting in self-defense (8 U.S.C. § 1227(a)(7)(A)). That is a discretionary decision made in the immigration system. If this describes you, tell both of your lawyers, and read our page for people who are accused and also a victim. Anyone in danger should call 911. The National Domestic Violence Hotline is 1-800-799-7233.

What to Do Before Any Plea

Tell your defense lawyer your exact status (visa, green card, DACA, pending application, undocumented) at the first meeting.
Consult an immigration lawyer before you plead to anything, including a reduced charge or a deferred sentence.
Do not plead guilty at a first appearance to get it over with. Read should I just plead guilty to PFMA.
Keep every court date and follow every release condition.

This page explains the law in general, based on the 2025 Montana Code Annotated and the current United States Code. It is not legal advice about your case or your immigration status.

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FAQ

Immigration Consequences of a PFMA in Montana FAQ

Can I be deported for a PFMA in Montana?

Possibly. Federal law makes deportable any non-citizen who, at any time after admission, is convicted of a crime of domestic violence (8 U.S.C. § 1227(a)(2)(E)(i)). Whether a specific Montana PFMA conviction qualifies depends on how the federal definition applies to the subsection you were convicted under. That needs an immigration lawyer's analysis before you plead.

Does a deferred sentence protect my immigration status?

Do not count on it. For immigration purposes a conviction exists where a person has pleaded guilty or no contest and the judge has ordered some form of punishment, penalty, or restraint on liberty, even if adjudication of guilt was withheld (8 U.S.C. § 1101(a)(48)(A)). A later dismissal under Montana law does not automatically change the federal analysis.

Can violating an order of protection affect my immigration status?

Yes. A non-citizen who is enjoined under a protection order, and whom a court determines has violated the part of the order that protects against credible threats of violence, repeated harassment, or bodily injury, is deportable (8 U.S.C. § 1227(a)(2)(E)(ii)). The statute speaks of a court determination, not a conviction, and it covers temporary and final orders from civil or criminal courts.

Does my lawyer have to tell me about immigration consequences?

Yes. In Padilla v. Kentucky, 559 U.S. 356 (2010), the U.S. Supreme Court held that counsel must inform a client whether a plea carries a risk of deportation. When the consequence is truly clear, the duty to give correct advice is equally clear. When the law is not straightforward, counsel must at least advise that the charges may carry a risk of adverse immigration consequences.

Does it matter that I have a green card?

A green card does not prevent removal on this ground. The domestic violence ground applies to any non-citizen convicted at any time after admission, which includes lawful permanent residents. Other rules, including those for people who have not been admitted, are different, which is one more reason to get immigration advice specific to your status.

Not a U.S. Citizen and Charged With PFMA?

Tell your defense lawyer your immigration status at the first meeting. Call 406-830-3060 for a confidential consultation.

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