Can a restraining order affect a conditional green card holder's conditional status removal

Asked over 1 year ago - Los Angeles, CA

...if the spouse does not violate it by coming close to the person that restrained him. Will it come up in his background when he tries to remove it, but not sure if the R. O. automatically will hurt him or not. So what affect, if any, it could have on him specifically for the removal of his conditional status AND if he decides to pursue another type of green card route. Again, I am not talking about violating it as in coming close or anything like that...specifically just adhering to the R. O. but just having that on your record during the conditional removal and/or an alternative green card. I get conflicting answers from different websites, so decided to find out in here.

Additional information

..how about when the time comes for citizenship.

Attorney answers (2)

  1. Samuel Patrick Ouya Maina

    Contributor Level 19

    5

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Are you saying the conditional resident is restrained from being near the petitioning spouse? If so, it will be an issue since when it comes time to file the joint documents in support of the joint petition to remove conditions, the restrained spouse may have a hard time doing so. the joint petition also assumes that the two spouses are living together as husband and wife. if the conditional resident is prohibited from being near the petitioning spouse, how can they satisfy that requirement? If the green card is to be obtained through a different route, then the bigger issue will be whether the conditional resident was ever convicted of a crime. I suggest a consultation with an attorney so all of the details of this case can be discussed.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  2. Tsirina Goroshit

    Contributor Level 14

    6

    Lawyers agree

    Answered . You need to get a detailed evaluation of your case rather than looking for not case specific answers. It could have an impact on immigration cases.

    The above is intended as general information only and cannot be relied upon as legal advice. Call (212)880-1538... more
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