OFP and citizenship
Folks, Here is my story and advice in such cases…..My situation was very similar to this case. My ex-wife and I got our green cards in Dec 2002. In Jan 2003 she filed an order of protection or restraining order (RO) against me. This is ofcourse the best way for a woman to get the man out of the house. I realized that my ex-wife had married me just to get her green card and my assets. So anyway we got separated and I filed for divorce later that year and was granted final divorce in New Jersey in 2004, but the RO was never closed. My divorce lawyer missed including the closure of that in the final divorce settlement. Anyway I was glad the ordeal was over and I had rid myself of such a deceitful woman, who was capable of manipulating the family law system to her advantage.
I moved on with my life and met and married a great woman with whom I have wonderful kids, and who so far appears sane
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I decided to apply for citizenship in 2010 (thru my employment based GC, and not because my current wife is a US citizen) and completed the N400 form and answered all the questions truthfully. Disclosed all the facts about the RO and my divorce with my ex-wife in 2004. However I also hired an immigration lawyer who represented me in the citizenship case. Although he did not come for the interview along with me, the N400 form was filed by him on my behalf. The interview was quick and the immigration officer did not even ask me any questions about the RO of my ex, because I had clearly written all the details on the N400 form. I was granted the citizenship the same day.
However even till today (and this is year 2013, 10 years have gone by since the RO…) I am asked about that RO every time I enter the US. The border officers ask all kinds of questions, for example:-
1. Have you been in trouble before?
2. Is this person your ex-wife? (when my current wife and I travel together)
3. What do you do? How long have you lived in this country? Where are you going?
It is frustrating, a hassle, time consuming, humiliating and annoying to answer all these questions which ofcourse takes place in the secondary immigration area. AND I AM A US CITIZEN FOR GOD’S SAKE!!!! AND I HAVE NOT BEEN CONVICTED OF ANY CRIME!!!
So folks it does not matter whether you have a green card or a citizenship or whatever, a RO will always hang over you like a dark cloud. It does not matter that you did not do anything. In most states a RO is permanent especially in NJ where I live, unless the other party decides to drop it or you go through an expensive legal fight. I don’t have the funds for this right now.
The advice I will give is this:- If you have NOT done anything wrong ,disclose each and every detail of your life with respect to past divorces, RO’s and any arrest, anger management programs etc., , in the N400 form along with long written explanations of your viewpoint and take an immigration lawyer with you (or have him/her atleast represent you while filing the N400 application). The truth is the USCIS have access to vast resources to find out every trivial detail of your life which has been recorded. This includes DUI’s , RO’s, divorce records, FBI records, expunged orders, local, county, state government, tax forms, municipal documents, school ,college transcripts etc., YOU GET THE PICTURE ,RIGHT?? THEY KNOW EVERYTHING ABOUT YOU AND IT IS RECORDED FOREVER AND IT WILL BE USED AGAINST YOU AT ANYTIME.
The only thing which can give you peace of mind is the fact that you have not done anything wrong and can prove this is in a court of law.
So do not be under any illusions – you may or may not be questioned about RO’s but it will remain in your record FOREVER.
It is an extremely sad situation that a deceitful and crazy woman can play the system so easily and can use that vindictively against a decent man, but that is the fact today. Crazy women can/will make 911 calls, give false testimony, make any allegations etc., and are easily believed and granted RO’s by the judicial system. There are thousands of cases like this out there every day where just regular guys are getting shafted for no reason and have to spend the rest of their lives defending themselves. I sometimes seriously think that a class action lawsuit needs to be brought on regarding the abuse of restraining orders by the judicial system, the immigration officers and several deceitful women. I agree that the RO concept is useful but must be applied very carefully, because whatever people may tell you, it is being abused royally and especially against hapless immigrant men, and I can clearly see this on this forum that AN OVERWHELMING MAJORITY WHO ARE FACING ALL THIS RO PAIN ARE MEN.
This immigration forum is a fantastic site. Keep sharing.
Hi, My wife 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 before this incident happened.
I got my green card through my employer not from my wife
Now my naturalization is denied. To quote from the decision letter, "USCIS finds that the unlawful act you have testified to committing adversely reflects upon your moral character because your behavior posed a threat to the safety and welfare of others... you have not established that you are a person of good moral character..."
Any suggestions on how I can appeal that I am a person of good moral character?
Thanks a lot!