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Order Of Protection And Naturalization

Discussion in 'US Citizenship' started by manny39, May 9, 2007.

  1. manny39

    manny39 Registered Users (C)

    Hi, I am in an unfortunate situation. My wife walked out on me, filed for divorce and also obtained an Order of Protection against me in Family (Civil) Court. There are no criminal charges and I have never been arrested. I have also applied for Naturalization in December before this incident happened. I got my green card through my employer not from my wife

    My question is that would an Order of Protection against me in Family Court will hurt my naturalization chances. Is it equivalent of a crime. Should I mention to my Interview Officer. Would it appear in my FBI Name Check

    Any suggestions?
  2. JohnnyCash

    JohnnyCash Volunteer Moderator

    I'm the only one who discussed two years ago about the implication of Restraining Order (Order of Protection) in context with Naturalization application. You might try to find some of my old postings on this issue to know the full info. But in short, you have nothing to worry about it because it won't hurt your naturalization application even if USCIS would come to know about it.

    In some states, like NJ, it's mandatory for courts to take the fingerprint of the person whenever a restraining order is issued against him/her. But those fingerprints are not forwarded to FBI or any other law enforcement agency; rather they are kept on state level. Thereby, restraining orders never show up on FBI report.

    Don't even dare to tell the officer about Restraining Order unless you are specifically asked for. And make sure to take the copy of Restraining Order complaint and the Order at the time of interview.

    Just because there is a restraining order against you, then that doesn't mean that you have committed a crime. That means, no crime here whatsoever. Restraining Order proceedings are civil in nature even if a restraining order is obtained in a criminal court. I know that it was family court that issued the restraining order in your case, but if parties are/were not related, the matter for restraining order is heard in a criminal court.

    And since your pending N-400 has nothing to do with 3 yrs rule in context to naturalization laws, then it doesn't matter if you guys get divorced. But if would have filed N-400 based upon 3 yrs rule of being married to a US citizen, then your N-400 would have denied without a doubt. But not in your situation because your case is based upon 5 yrs rule (I assume).

    There is something you should know. If you would ever violate the restraining order before becoming a US citizen, then you will be deported for lifetime under section 237 of INA. Nobody would be able to save you then, even if you get remarried with another US citizen or would have children born here. There is zero tolerance policy on violating the restraining order. So be careful. It could be possible that your wife might try to trap you in violating it so that she could make you deported as I've seen this happening hundred of times. That's why it's very important for you not to get trapped even if she would try to be goody-goody because you will end up being deported then. Nobody would be able to protect you from deportation. Read my lips-Nobody.

    Good luck.
  3. rwsh

    rwsh Registered Users (C)

    Wow !!!!!! What about "good moral character" ..... doesn't a restraining order have an impact on this ??????
  4. brb2

    brb2 Registered Users (C)

    Any female can easily get a restraining order against her boyfriend/husband without the judge waiting to hear the response from the other side. It does not mean some one is guilty, just that she gets to keep the house! That said there are many genuine cases where one partner feels threatened and takes recourse to this action. But still no has admitted guilt and that's about it.


  5. JohnnyCash

    JohnnyCash Volunteer Moderator

    Restraining order has nothing to do with "moral character", nor it has anything to do with commission/admittance of crime/offence. As I said earlier very clearly and loudly that Restraining Order proceedings are CIVIL in nature. However, violation of Restraining Order is a criminal matter.

    In order to determine applicant's moral character INS looks for criminal history, lies, fraud, and violation of any laws in the US, which has nothing to do with restraining order.

    Almost everyone can obtain a temporary Restraining Order with a flying color with juicy allegations because a temporary restraining order is granted as ex-party. And if the asking party is happen to be a female then it's a done deal that she would get it. During final hearing, courts almost always grant a restraining order to females even if there won't be a finding of allegations/accusations. If you check reported cases coast to coast across the United States then you will find that courts hardly deny a restraining order to females. Trust me on this. I've taken a case of restraining order up to NJ Superme court and still could be able to vacate the restraining order despite of the facts and laws were in our side. The courts actually issue restraining order to stop something bad to be happening between parties, which was/is the main intention of local legislators when they made laws in this regards. That's why courts don't care if allegations are found to be true or not even though domestic violence laws state that there must be a findind of guilt.

    The case I dealt with was about a US citizen woman who married to an immigrant as a business deal so that he could get US residency. Once she got paid, she filed for annulment and restraining order so that he won't be able to contact her to ask her to keep her side of the deal and for his money. Though both had committed immigration fraud but lady tried to be oversmart. She filed for a restraining order on the ground that the guy was calling her repeatedly which she called a harrasment.

    During the trial (final hearing) when judge asked her how she knew that he was the one called her, she answered that his number appeared on her cellular phone caller ID. Judge demanded the caller ID phone, but she couldn't produce it by saying that she didn't bring it, which was hard to believe because why someone wouldn't have their cellular phone with them. Judge told her that she should have brought it to the court when she knew that she is going to court to prove the allegation she made. Despite of all this, judge still granted her the restraining order on this stupid allegation. Her babylook face might have something to do with this as well. We (a big law firm) filed appeal up to NJ Supreme court but courts refused to even take the case by saying that "it's a "petty" case". The guy ended up loosing $15k on appeal and went thru extreme stress for 2 long year while matter was on appeal, and this seemed a "petty" case to courts. What a joke!!! Courts should be there to prevail justice for everyone regardless of gender bending or how "petty" a case is. Well, this is the classic example of how messed up our justice system is here.
    Last edited by a moderator: May 10, 2007
  6. manny39

    manny39 Registered Users (C)

    Thanks Everyone

    Thanks Everyone for posting reply to my message. I am quiet sure now that I am out of troube as far as immigration is concerned.
  7. N400Applier

    N400Applier Registered Users (C)

    If asked during the interview whether you are married state "Yes".

    And you are done.

    Good Luck.
  8. manny39

    manny39 Registered Users (C)

    Order of Protection Violation

    Johnny:

    Thanks for your reply. I am in an unfortunate incident. My wife tricked me into violating Order of Protection. She called me to discuss some important issues and was very sweet. Later, I believe she told police. I am being called by detectives now for investigation. I believe I may be charged with OP violation. This OP was issued by Family Court

    I know you said OP violation is serious and is a definite deportation. I know I am in a bad position. Tell me is there any room. I am in US for last 13 years and have green card for over five years. Also I have a court ordered child support to pay. I read the form that is used for waiver of deportation. Would I be eligible to file that. I have child support to pay for a US citizen child. I am more worried about the survival of my child then me getting deported.

    Tell me how ICE is going to know about me. Would I be also arrested by ICE when I am booked for OP violation. Are you an immigration attorney or know someone in NY area

    Thanks
    Manny

  9. CrossHairs

    CrossHairs Registered Users (C)

    Manny39,
    Find a good immigration attorney immediately.

    JohnnyCash advised you explicitly that so many people have been tricked by their wives or girlfriends on this. This is sad.
  10. brb2

    brb2 Registered Users (C)

    Johnny Cash explictly warned you against violating the OP. You need to be hiring the best immigration lawyer money can buy. Having a US citizen child is not the issue here, the issue is violating the OP. I don't think the US child will cut you any slack. If you don't pay, the county will have to pony up with the child support if your wife is not earning enough money.


    Good luck!

  11. arigsagc

    arigsagc Registered Users (C)

    no paper arrest and released because of op violation

    Johnny Cash, thanks for the wonderful inputs but i have a big question, i do hope you could give me some insights. This is my story:

    I have an order of protection by consent without admission of the charges issued for my ex- wife 7 years ago. A couple of months , she reported me to the polic that i violated the OP ( by visiting her place to see my kids), i went to the police station to answer the charges.
    I was interviewed, fingerprinted and mugshot. However, the cops tirned to call the witnesses , my ex- mother inl aw and my children and they verified
    that i did not go there, so the DA at that night, instructed to let me go. On my way out, i was asking the cops for release papers, and i was told there was none. I presumed at that point that the case was not formally filed and i did not think at that time that it has an implicatrion for my naturalization application until now.

    I remarrried with a US citizen and my turn to appluy for citizenship. I know I have to mention these incidents of OP and violation charge but my question is although I have the original copy of my OP but I DONT HAVE ANY PAPERS WITH ME PROVE THAT I WAS ARRESTED AND RELEASED ON THE SAME HOUR FOR OP VIOLATION CHARGES,.
    Johnnycash, can you help me how to deal with these ?

    Thanks again in advance.

    QUOTE=JohnnyCash;1667888]I'm the only one who discussed two years ago about the implication of Restraining Order (Order of Protection) in context with Naturalization application. You might try to find some of my old postings on this issue to know the full info. But in short, you have nothing to worry about it because it won't hurt your naturalization application even if USCIS would come to know about it.

    In some states, like NJ, it's mandatory for courts to take the fingerprint of the person whenever a restraining order is issued against him/her. But those fingerprints are not forwarded to FBI or any other law enforcement agency; rather they are kept on state level. Thereby, restraining orders never show up on FBI report.

    Don't even dare to tell the officer about Restraining Order unless you are specifically asked for. And make sure to take the copy of Restraining Order complaint and the Order at the time of interview.

    Just because there is a restraining order against you, then that doesn't mean that you have committed a crime. That means, no crime here whatsoever. Restraining Order proceedings are civil in nature even if a restraining order is obtained in a criminal court. I know that it was family court that issued the restraining order in your case, but if parties are/were not related, the matter for restraining order is heard in a criminal court.

    And since your pending N-400 has nothing to do with 3 yrs rule in context to naturalization laws, then it doesn't matter if you guys get divorced. But if would have filed N-400 based upon 3 yrs rule of being married to a US citizen, then your N-400 would have denied without a doubt. But not in your situation because your case is based upon 5 yrs rule (I assume).

    There is something you should know. If you would ever violate the restraining order before becoming a US citizen, then you will be deported for lifetime under section 237 of INA. Nobody would be able to save you then, even if you get remarried with another US citizen or would have children born here. There is zero tolerance policy on violating the restraining order. So be careful. It could be possible that your wife might try to trap you in violating it so that she could make you deported as I've seen this happening hundred of times. That's why it's very important for you not to get trapped even if she would try to be goody-goody because you will end up being deported then. Nobody would be able to protect you from deportation. Read my lips-Nobody.

    Good luck.[/QUOTE]
  12. arigsagc

    arigsagc Registered Users (C)

    no paper arrest and released because of op violation

    Johnny Cash, thanks for the wonderful inputs but i have a big question, i do hope you could give me some insights. This is my story:

    I have an order of protection by consent without admission of the charges issued for my ex- wife 7 years ago. A couple of months , she reported me to the polic that i violated the OP ( by visiting her place to see my kids), i went to the police station to answer the charges.
    I was interviewed, fingerprinted and mugshot. However, the cops tirned to call the witnesses , my ex- mother inl aw and my children and they verified
    that i did not go there, so the DA at that night, instructed to let me go. On my way out, i was asking the cops for release papers, and i was told there was none. I presumed at that point that the case was not formally filed and i did not think at that time that it has an implicatrion for my naturalization application until now.

    I remarrried with a US citizen and my turn to appluy for citizenship. I know I have to mention these incidents of OP and violation charge but my question is although I have the original copy of my OP but I DONT HAVE ANY PAPERS WITH ME to PROVE THAT I WAS ARRESTED AND RELEASED ON THE SAME HOUR FOR OP VIOLATION CHARGES,.
    Johnnycash, can you help me how to deal with these ?

    Thanks again in advance.

    QUOTE=JohnnyCash;1667888]I'm the only one who discussed two years ago about the implication of Restraining Order (Order of Protection) in context with Naturalization application. You might try to find some of my old postings on this issue to know the full info. But in short, you have nothing to worry about it because it won't hurt your naturalization application even if USCIS would come to know about it.

    In some states, like NJ, it's mandatory for courts to take the fingerprint of the person whenever a restraining order is issued against him/her. But those fingerprints are not forwarded to FBI or any other law enforcement agency; rather they are kept on state level. Thereby, restraining orders never show up on FBI report.

    Don't even dare to tell the officer about Restraining Order unless you are specifically asked for. And make sure to take the copy of Restraining Order complaint and the Order at the time of interview.

    Just because there is a restraining order against you, then that doesn't mean that you have committed a crime. That means, no crime here whatsoever. Restraining Order proceedings are civil in nature even if a restraining order is obtained in a criminal court. I know that it was family court that issued the restraining order in your case, but if parties are/were not related, the matter for restraining order is heard in a criminal court.

    And since your pending N-400 has nothing to do with 3 yrs rule in context to naturalization laws, then it doesn't matter if you guys get divorced. But if would have filed N-400 based upon 3 yrs rule of being married to a US citizen, then your N-400 would have denied without a doubt. But not in your situation because your case is based upon 5 yrs rule (I assume).

    There is something you should know. If you would ever violate the restraining order before becoming a US citizen, then you will be deported for lifetime under section 237 of INA. Nobody would be able to save you then, even if you get remarried with another US citizen or would have children born here. There is zero tolerance policy on violating the restraining order. So be careful. It could be possible that your wife might try to trap you in violating it so that she could make you deported as I've seen this happening hundred of times. That's why it's very important for you not to get trapped even if she would try to be goody-goody because you will end up being deported then. Nobody would be able to protect you from deportation. Read my lips-Nobody.

    Good luck.[/QUOTE]
  13. puneet_it

    puneet_it Registered Users (C)

    Order of Protection and Citizenship help.

    I am in a really unfortunate situation. I have a Green Card for last 4 years which was thru Employer. My wife got GC as a derivative. Last week on Monday my wife filed a Divorce summons and Order of Protection summons in the court against me. The court has requested a hearing date for the 7th of May and they did not really grant any restraining order yet. She has put in all baseless allegations about physical and verbal abuse against her and her mother. In the order of protection she wants the house, car and most of the assets. Plus she wants her mother to stay here in the house as baby sitter for our 5 month old baby. Currently she has moved out of the house to her brother's house who lives close by.

    Since then we have tried to patch up and are considering marriage counseling. She says that her lawyer says that on the day of the trial we will go to the court and just revoke the Order of Protection. I have the following immigration questions:

    1) Can this affect my citizenship application which I will file in the future. Even if she revokes the order of protection on the date of the hearing.

    2) Will this show up in any sort of other background check or name check.

    3) What can I do in case she changes her mind. I have notified the court that I will be representing myself since she has assured me that it will be revoked.


    I would really appreciate the help and any other advice that members can give me..
  14. GhostRider

    GhostRider Registered Users (C)

    1st question must be: Have you been arrested throughout this ordeal for domestic violence, assault, battery, or any other charge she might have brought up against you with regards to the physical abuse part? If so, have charges were filed (in criminal court)? What was the outcome?
  15. puneet_it

    puneet_it Registered Users (C)

    No. I have not been arrested at all..Also no charges have been filed by my wife during last 5 years of marriage during which she mentioned so many incidents. There were a couple of 911 calls during heated arguments but we said that we were arguing which was the truth. My wife has threatened me several times with the 911 call thing.

    That is why most probably the judge never granted the request for Order of Protection and I am still in the house for the past 1 week.
  16. kckfs

    kckfs Registered Users (C)

    You urgently need a really good divorce attorney. It sounds like your wife's attorney is playing hardball with those orders. DO NOT UNDER-ESTIMATE THIS! Also at this point do NOT accept what your wife is telling you, since she might by lying about the order, or not understand exactly what her attorney is about to do to you. At this point I would suggest that the citizenship issue is a far 2nd place to resolving this issue.
  17. CrossHairs

    CrossHairs Registered Users (C)

    puneet_it,

    1. Are any of the allegations that she is making esp. on physical abuse true?
    If so, definitely get an attorney to talk on your behalf.

    2. Even if it is false (meaning you never hit her etc), it may still be beneficial to seek legal help, since her attorney may have a plan to screw you by misleading you to represent yourself.
  18. boatbod

    boatbod Registered Users (C)

    Your call, but in my book that sounds like an exceptionally bad idea. What if she is stringing you along, just to make sure you come to court unprepared?

    If I were you, I would not only retain a family lawyer to represent your interests in court, but I'd also consult an immigration attorney in connection with the protective order.
  19. puneet_it

    puneet_it Registered Users (C)

    The reason is because the families have also arrived from India. And everyone has tried to patch things up amongst us. We both have decided to give counselling a try. I think I trust my wife now and we both have to bring our confidence in the relationship back.

    However her lawyer is the only person whom I dont trust at all..Why is he telling her to wait till Wednesday for this. He can do this Monday itself and withdraw the petition for Order of Protection.
  20. LolaLi

    LolaLi Active Member

    I appreciate you trusting your wife and your culture in that having the families involved will resolve the problem. I completely get that, however, I still think you need legal representation. This is due mainly to the fact that if your wife truly wants to, she can terminate her relationship with her attorney effective immediate and order him to withdraw all allegations. Since this has not taken place, there is the possibility that your wife will proceed as planned. Please do not be blindsided by your willingness to patch things up - these are serious allegations that could have immeasurable ramifications on your life in this country.

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