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Will a restraining order affect a permanent conditional resident from removing conditions?

Glenwood Springs, CO |

In divorce proceedings now, and do not want to help ex-husband apply for a waiver (he has one more year left of his 2 year visa). Do not want to help because I am his sponsor and I don't want to be financially responible for him, and I am afraid he will be vindictive in trying to sue me for financial support. Considering restraining order as he has come to my house several times, pleading for me to take him back.

Attorney Answers 4

Posted

The removal of conditions phase is about the past, not the future: whether the marriage was real at its inception, not whether it is viable going forward. Many marriages don't work out, for a variety of reasons. The immgiration issues may--or may not--come into play.

You should be aware that the affidavit of support you signed when you initially sponsored your spouse survives a divorce and may carry some financial obligations, but you are not obligated to participate in his petition to remove conditions. That petition can be filed with you (so long as you are still married) or without (either before or after a divorce).

If his continuing to contact you is not OK, you can explore a restraining order, but if you are not concerned about safety issues, perhaps you could get some input from your divorce attorney?

This answer provides only general information and may not be relied on as legal advice. To find an immigration lawyer in your area, use www.ailalawyer.com. Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.

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Carl Michael Shusterman

Carl Michael Shusterman

Posted

Excellent answer!

Posted

I agree.

This is general information and not legal advise. This communication does not create a lawyer-client relationship.

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4 comments

Asker

Posted

Agree with what? Does a restraining order affect a permanent conditional resident from removing conditions?

Mani Khavajian

Mani Khavajian

Posted

Only if the restraining order is violated.

Asker

Posted

Ok. And would you say that he has technically violated the temporary injunction that is automatically in place when the divorce was filed by disturbing the peace?

Mani Khavajian

Mani Khavajian

Posted

I dont understand what you mean by "divorce was filed by disturbing the peace". Look at the language on the restraining order to determine if a violation occurred. If you still have difficulties, then please consult a local attorney who can look your specific facts and determine if the order was violated.

Posted

Affidavits of Support are contracts with the US government wherein the person who signed them agrees to reimbures the Federal government for the costs of certain means tested benefits, if the immigrant requires and is given those benefits. The US government can sue to obtain that reimbursement.

Affidavits of Support cannot be withdrawn once accepted by the government. They remain in effect until one of the following events take place:
1. The person for whom it was filed has legally worked for 40 quarters in the US.
2. The person for whom it was filed becomes a US citizen.
3. The person for whom it was filed permanently leaves the US.
4. The person for whom it was filed dies.
5. The person who submitted the Affidavit of Support dies.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

A restraining order will not directly affect your husband's ability to remove the condition on his two-year permanent residence card; however, a divorce will. If you are divorced by the time your husband needs to apply to remove the condition, then your husband will have to file for a waiver of the requirement to file a joint petition. In order to get a waiver, he must show that the original marriage was entered into in good faith (but later fell apart) or extreme hardship to himself, if he were to be removed. There are some related grounds for a waiver as well. If the husband obtains the waiver, then you will still be responsible to the government under your support contract. Happily, it would be a rare case in which your husband actually received any reimbursable benefits and even if he did, these contracts are rarely enforced. Your safety should be your concern in seeking a restraining order. You no longer control whether or not the husband keeps his permanent resident card.

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