Naturalization denied due to Order of Protection

O

OFP

New Member
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!
 
Did you violate the order? Did you admit to doing anything wrong? How did interviewer know about the order?

Did you apply for citizenship based on the 3 year marriage rule? I know you got the GC through your employer, but you don't need to have a GC based on marriage to apply for citizenship based on the 3 year rule.
 
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I did not violate anything. I told the IO about order of protection since he asked.

I got GC from my employer and it has been more than 5 years. I did not apply for citizenship through 3 year marriage rule.

I was denied related to Good Moral Character.

Jackolantern said:
Did you violate the order? Did you admit to doing anything wrong? How did interviewer know about the order?

Did you apply for citizenship based on the 3 year marriage rule? I know you got the GC through your employer, but you don't need to have a GC based on marriage to apply for citizenship based on the 3 year rule.
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OFP said:
I did not violate anything. I told the IO about order of protection since he asked.
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Why did the IO ask about order of protection? They ask that when interviewing every divorcees?
There must be a reason.
 
My wife and I are separated. My current address is different from when I filed N400.

WBH said:
Why did the IO ask about order of protection? They ask that when interviewing every divorcees?
There must be a reason.
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OFP said:
My wife and I are separated. My current address is different from when I filed N400.
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Seems like you volunteered the information about the order of protection. Separations don't automatically involve an order of protection.

Anyway, you're not supposed to be denied just for having an order of protection against you. Those orders are given with little or no evidence, and no jury determination of guilt. The denial should only happen if you violated the order, or if you were charged with an offense related to the order and the charges still have not been dropped, or if you admitted that the order was placed because you did something wrong (e.g. threatening her, hitting her).

If you did not violate the order and didn't admit to doing anything wrong, get a lawyer and appeal.
 
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Jackolantern said:
Seems like you volunteered the information about the order of protection. Separations don't automatically involve an order of protection.

Anyway, you're not supposed to be denied just for having an order of protection against you. Those orders are given with little or no evidence, and no jury determination of guilt. The denial should only happen if you violated the order, or if you were charged with an offense related to the order and the charges still have not been dropped, or if you admitted that the order was placed because you did something wrong (e.g. threatening her, hitting her).

If you did not violate the order and didn't admit to doing anything wrong, get a lawyer and appeal.
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I personally think the OP did not tell the whole story perhaps due to some misunderstanding.
 
The IO specifically asked if I had OFP after I told him my wife and I were separated. Then I said yes. The IO then asked the reason of OFP, and asked me if I hitted my wife, and I said Yes again.


Jackolantern said:
Seems like you volunteered the information about the order of protection. Separations don't automatically involve an order of protection.

Anyway, you're not supposed to be denied just for having an order of protection against you. Those orders are given with little or no evidence, and no jury determination of guilt. The denial should only happen if you violated the order, or if you were charged with an offense related to the order and the charges still have not been dropped, or if you admitted that the order was placed because you did something wrong (e.g. threatening her, hitting her).

If you did not violate the order and didn't admit to doing anything wrong, get a lawyer and appeal.
Click to expand...
 
OFP said:
The IO specifically asked if I had OFP after I told him my wife and I were separated. Then I said yes. The IO then asked the reason of OFP, and asked me if I hitted my wife, and I said Yes again.
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So that means you were denied because you admitted to doing something wrong, and the denial was legitimate. If you're going to reapply you'll need to wait 5 years after the incident, and consult a lawyer before you reapply because this could result in deportation depending on how the situation eventually unfolds.
 
All,
Sorry I do not know how to create a thread yet but here is my situation below for anyone to advice
I filed under 3yrs rule married to US citizen since Jan 2010
I got a yellow letter last week to bring to my N400 interview and have listed almost everything I already submitted
- Drivers license - already filed with application but can still provide.
- Original/copies of tax I filed last 3 yrs - already filed with my application
- all passports/travel documents including expired ones- can present at interview
-Proof of arrest since I indicated that on my application- already filed with the application with explanation
- Proof of termination of previous marriages- already filed with the application

What does all these requests mean ? Be prepared for a tough interview when the time comes ? Date not set yet

Thanks
 
Jackolantern said:
So that means you were denied because you admitted to doing something wrong, and the denial was legitimate. If you're going to reapply you'll need to wait 5 years after the incident, and consult a lawyer before you reapply because this could result in deportation depending on how the situation eventually unfolds.
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We often state that only conviction can result legal action from USCIS. In this case, if OP admitted to doingsonething bad
but there was no criminal charge against him yet, what should USCIS do?
 
WBH said:
We often state that only conviction can result legal action from USCIS. In this case, if OP admitted to doingsonething bad
but there was no criminal charge against him yet, what should USCIS do?
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I don't know if it would be enough for deportation without charges being brought, but admitting wrongdoing can definitely be grounds for finding that the applicant failed to maintain good moral character, and therefore result in denial of naturalization.
 
Jackolantern said:
I don't know if it would be enough for deportation without charges being brought, but admitting wrongdoing can definitely be grounds for finding that the applicant failed to maintain good moral character, and therefore result in denial of naturalization.
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This goes back to one topic we often discuss: can the IO ask such question :"Did you do this or that?" beyond the scope
of criminal court papers. Can applicants refuse to answer such questions?
 
One reason may be that if the OP hit his wife and admiited to the IO, the IO may think statute of limitation has not expired for such behavior, that is, conviction is still possible or likely. Unless the OP can get a wriiten statement from DA that
they will not pursue him on crminal court and the decision is final, he better wait
 
WBH said:
This goes back to one topic we often discuss: can the IO ask such question :"Did you do this or that?" beyond the scope of criminal court papers. Can applicants refuse to answer such questions?
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I imagine one could; but then one shouldn't be surprised to be denied naturalization.
 
TheRealCanadian said:
I imagine one could; but then one shouldn't be surprised to be denied naturalization.
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USCIS should insert such quetions formally into N400

Question 16.1:"Have you ever beaten your spouse?"
Question 16.2:"Have you ever been beaten by your spouse?"
 
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:).

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.



OFP said:
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!
Click to expand...
 
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