Dismissed civil Domestic Violence Restraining order

S

steve162

New Member
Hello all

I was served with a civil Domestic Violence Restraining order (It was a civil order, so there were no arrests and law enforcement was not involved).

However, eventually judge dismissed the Domestic Violence Restraining order. Does it affect my immigration in any way, when I apply for Green card / Citizenship. I am on work based visa.

Previously, I was charged with a misdemenor DUI and paid all my dues ( weekend work program, and attended classes and paid all my fines).

Thanks and looking forward to your responses.
 
steve162 said:
However, eventually judge dismissed the Domestic Violence Restraining order. Does it affect my immigration in any way, when I apply for Green card / Citizenship. I am on work based visa.
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After getting my green card, but before getting my citizenship, a restraining order was filed against me. In my case the judge approved the petitioner's request and granted a permanent (multi-year) restraining order against me. Nevertheless I was still able to naturalize as a US citizen despite the restraining order remaining in effect.

However, a restraining order is listed in NCIC and a violation of a domestic violence restraining order is grounds for deportation--so it does seem to be a bit of a red flag for immigration officials despite being only a "civil" matter. I've been questioned about it both at the border and at my naturalization interview. Note that both the I-485 (green card) and N-400 (naturalization) forms ask not only about arrests but also crimes for which you have not been arrested. In my case the restraining order didn't allege any specific criminal conduct so I felt I could honestly say 'no' to such questions both on the forms and in person. However it can still lead to some stressful questioning.

In your case you may have an easier time since it sounds like only the ex parte (short term) restraining order was granted but the judge denied the permanent order at the hearing. But still be prepared to talk about it if asked by immigration officials.

The DUI--since you were arrested--OTOH clearly needs to be disclosed. A single DUI shouldn't hold you back from getting a green card (multiple offenses might be a different story). When it comes time to naturalize--still many years away for you--a DUI could be considered an indication of less than "good character". However hopefully by then it will be far enough in the past--if there are no further incidents of DUI or alleged domestic violence--that it is a non issue.
 
CalGreenCard said:
In my case the restraining order didn't allege any specific criminal conduct so I felt I could honestly say 'no' to such questions both on the forms and in person. However it can still lead to some stressful questioning.
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Do you mean we should disclose it though it is not a criminal issue and didn't involve Law enforcement. In my case, like you said accurately, only ex-parte was granted, but the actual Domestic Violence case was dropped. What kind of questions should we expect with immigration office during Green card / Naturalization?


CalGreenCard said:
A single DUI shouldn't hold you back from getting a green card (multiple offenses might be a different story).
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Do you mean multiple DUIs. ( or did you mean DUI and ex-parte as multiple offences)

Thanks a lot for a detailed response. Really appreciate it. Thanks for not being judgemental ( In my case I can honestly say that DUI was my mistake and Restraining order was done by petitioner due to spite and vengeance. And I have promised myself I would never drink and drive ever again.
 
steve162 said:
Do you mean we should disclose it though it is not a criminal issue and didn't involve Law enforcement. In my case, like you said accurately, only ex-parte was granted, but the actual Domestic Violence case was dropped. What kind of questions should we expect with immigration office during Green card / Naturalization?
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Who is 'we' in the above? If you've gotten back together with your partner and your partner is also a non-citizen and the 'we' means you and your partner--I cannot speak to that. Sometimes such matters involve accusations in both directions but you haven't said anything about your partner's legal situation so I cannot comment on that.

What I meant was that you (in the singular) would not disclose it on the forms since it is non-criminal but would disclose it if asked during an interview (interviews are mandatory for naturalization but sometimes happen at the green card stage too). In my case I was asked in an interview "have you ever been in court for a non-criminal civil matter"? Clearly the officer knew about the restraining order and that is what she was getting at in the question--so it needed to be disclosed verbally. Even though your case was dropped you might still be asked since the case did get to court.

steve162 said:
Do you mean multiple DUIs. ( or did you mean DUI and ex-parte as multiple offences)
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Yes I meant multiple DUI's.
 
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