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Landlord - Order of Protection - DV Lottery GC

A

AYP465

New Member
Hello,
My landlord (she) wants me and family to leave apartment before lease end due to her own issues, no violations from my side. Lived in apartment for 1 year already. There is no legal reason to break the lease - I'm paying rent on time.
She says she is going to fill Order of Protection against me, if I don't leave quickly. (No idea for which reason, my family never did anything bad to her).
My wife won DV lottery, number should become current sometime in winter.
Can all this cause issues with DV lottery? I'm on H1-B now.
What is better to do?
 
AYP465 said:
Hello,
My landlord (she) wants me and family to leave apartment before lease end due to her own issues, no violations from my side. Lived in apartment for 1 year already. There is no legal reason to break the lease - I'm paying rent on time.
She says she is going to fill Order of Protection against me, if I don't leave quickly. (No idea for which reason, my family never did anything bad to her).
My wife won DV lottery, number should become current sometime in winter.
Can all this cause issues with DV lottery? I'm on H1-B now.
What is better to do?
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There is no impact on the DV case other than you will change your address. So - handle the lease issue - so that the DV I-485 can be filed with the correct address.
 
So even if the court will issue order of protection against me, it will not affect DV case? I'm going to take Consulate interview in my own country - Russia.
 
AYP465 said:
So even if the court will issue order of protection against me, it will not affect DV case? I'm going to take Consulate interview in my own country - Russia.
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That is a civil matter, not criminal - so no problem (although OBVIOUSLY, do what you can to defend the the court order).

Why are you not adjusting status, by the way?
 
Are you 100% sure this is still civil matter even if she will do this in criminal court?
I was told that AOS process is very long in New York due to high number of immigrants here, so with my case number it is faster and safer to go to regular Consular processing.
 
Are you 100% sure this is the whole story? According to the internet (I claim no legal knowledge) an order of protection in NY can only be issued against either a family member/intimate relationship (family court/supreme court), or someone who has been charged with a crime (criminal court - which is the court you mentioned). https://www.nycourts.gov/faq/orderofprotection.shtml#q1

So either she's bluffing, or there's more to the story.
 
No we were never in any relations, she is recently married as far as I know, I'm married for 10 years and have 2 kids.
She is trying to get a crime court's Order of Protection, by saying I was saying something bad to her (which I never did). Yes we met every month to give her rent, but she was always with her husband.
 
AYP465 said:
No we were never in any relations, she is recently married as far as I know, I'm married for 10 years and have 2 kids.
She is trying to get a crime court's Order of Protection, by saying I was saying something bad to her (which I never did). Yes we met every month to give her rent, but she was always with her husband.
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The link above says she can't get the order unless you have been charged with a crime. If you have been charged with anything, it's probably well worth your time to spend some $$$ on a lawyer rather than try get advice on this forum, which is generally here to deal with run-of-the-mill DV cases.

Also: your first post says you have no idea what reason she wants the order for, and the post before this seems to have a very clear reason in mind. Honestly, apart from the fact that we can't give good advice with half a story and bits dribbling out, I think that under the circumstances you would do better with proper legal opinion - both on your charges and from an immigration attorney on this matter.
 
I have never been charged with any crime in any country. She told me that she is going to fill Order of protection with reason that "I was promising for physical violence", but she may change her mind and do any other false reason as well.
 
This sounds like a fair amount of BS. My statement about the protection order was an assumption that you would know if you have been charged with a crime. If you haven't then it makes sense that the landlord is talking about a civil protection order. However, there is such a thing as a criminal protection order - but again you would know if you were in a criminal case. The POLICE would be involved, you would have been arrested.

Anyway - chances are you are going to be moving. The reality is that a landlord can end a rental contract. It sounds like the landlord has escalated things - probably because you have escalated things in some way. Honestly - you would be best to calm things down and reach some agreement on when/how you can vacate. Who needs the hassle??
 
Oh - and you should read about AOS - you should at least consider it - and it is not as slow as you have been told... people don't understand that DV is different...
 
I don't want the hassle for sure. What I was asking her - if you need me to move - ok, I can do it in several weeks or 3 months as max. But I want you to compensate moving and real estate agent fees. Probably she thinks that attorney for false Order of protection would be cheaper for her.
But now I'm not sure if she is going to return me even my security deposit at all.

She blames that I must sign some her paper that says I must leave in 3 weeks. But only to pass the condo board takes several weeks.
Okay, anyway, I missed her deadline today when I must sign some her paper.
Now will see how this court will affect me, if it will happen.

Finally, I'm a bit tired of US: a lot of trash on streets, bad people, and money is the main thing.
 
No, I was only in NY and LI area. I heard California is better, but much more expensive.
But common problems I believe would be money is the God, bad food which makes you like a barrel, high taxes. There is no freedom - you always afraid to break some law.
 
AYP465 said:
No, I was only in NY and LI area. I heard California is better, but much more expensive.
But common problems I believe would be money is the God, bad food which makes you like a barrel, high taxes. There is no freedom - you always afraid to break some law.
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It sounds like you have set your mind to see the bad sides of the USA...

BUT - it is a free country - so you are free to find somewhere else that suits you better...

Best of luck in whatever you do next!
 
AYP465 said:
I don't want the hassle for sure. What I was asking her - if you need me to move - ok, I can do it in several weeks or 3 months as max. But I want you to compensate moving and real estate agent fees. Probably she thinks that attorney for false Order of protection would be cheaper for her.
But now I'm not sure if she is going to return me even my security deposit at all.

She blames that I must sign some her paper that says I must leave in 3 weeks. But only to pass the condo board takes several weeks.
Okay, anyway, I missed her deadline today when I must sign some her paper.
Now will see how this court will affect me, if it will happen.

Finally, I'm a bit tired of US: a lot of trash on streets, bad people, and money is the main thing.
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You should have a lease that defines things like the notice period, whether the weeks she asked for or (I'd guess very unlikely) the 3 months you demanded. I've never heard of a tenant demanding the stuff you're talking about ...probably why she's pissed off. But nevertheless it should all be in the lease and NY law will govern what happens in the case of a broken lease. Have you checked any of this out?

Anyway, if you're tired of the US based on a tiny sample of it and not prepared to try anywhere else, why bother going through with DV?
 
AYP465 said:
There is no freedom - you always afraid to break some law.
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:D :D common complaint coming from people from countries where laws don't mean much.

(Of course, more seriously, some of us define freedom as things like not being killed for being a journalist reporting on corruption, or being able to live without fear of persecution for being who you are naturally, etc.)
 
Lease says if tenant wants to break - he looses deposit, and responsible to pay for the rest of lease.
There is almost no way for landlord to break the lease on his own, unless there is some violation or no-payment.
 
AYP465 said:
Lease says if tenant wants to break - he looses deposit, and responsible to pay for the rest of lease.
There is almost no way for landlord to break the lease on his own, unless there is some violation or no-payment.
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Frankly speaking I believe there's a lot going on here that we're not being told about. Tenants in NY city have rights and there are laws in place that protects them against landlords who try to take advantage of them and vice versa for the landlords too. There are Housing Courts and Small Claims Courts you can take your landlord to if you feel you're being treated unfairly.

Now since this is a DV forum, I suggest you go handle your housing issues with your landlord on its own. We will be happy to provide further guidance on the DV process, AOS or CP, whatever route you want to take - if you decide you want to live permanently in a country where 'there is no freedom' says by the way someone coming from a communist country.
 
It looks I was able to make things calm down with landlord, so she is now ok to wait for 2 months. But I will have to move. I'm looking for apartment within same condo building, and potentially I will have keys from my current mailbox as per conversation with landlord.

But I don't know my next address yet.
Interview in consulate should happen sometime in November - February. I have already submitted DS-260 with my current address a few months ago.
1) Will I be able to update address at the interview?
2) How Green Cards are received - via regular mail, or certified mail, or how?
3) Can I redirect all mail to my new address, how reliable this function works with USPS? Is it suitable for GC receiving?
4) Potentially I can request DS-260 update and put address to my friend's address in US, but I'm unsure if he will also be there in a half a year as well.

Any other advice how to better handle that?
 
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