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Will accepting an Order of Protection, even though I never did the things stated in the petition, have an effect on immigration?

New York, NY |

I have posted this question already but not on the " immigration " side of this website . What happened is I broke up from my girl friend who took it really badly and retaliated by going to family court and doing a petition against me . The petition is full of horrible lies and things that I can , for the most part , prove are lies with both material evidence and witnesses . I was wondering that , since I broke up with her and don't particularly want to see her anymore in my life especially after she did this , what would happen if I accepted the OP for like months to a year without admitting to anything , will it have ANY effect on my future immigration status ? What she wrote on the petition is horrible and criminal , I am afraid that if I accept the OP that it would then mean I would accept those

Attorney Answers 8

Posted

It can catch up with you later. DO not agree to this. Fight it all the way trough if you can. Immigration system is very unforgiving when it comes to domestic violence. Your girlfriend should know better despite her anger.

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Asker

Posted

Tell me about it! and worst thing is it looks like she will not be punished for having wrongly and knowingly accused me of these horrible things for the sole purpose of retaliating. Fair justice would be for her to go to prison for what she did.

Posted

The concern I would have is that if you accept the order of protection and then by some unfortunate turn of events you violate it, then you may be facing criminal charges which will definitely have an effect on your immigration status and future filings. If your ex is willing to make up allegations, she may have other intentions of harming you once the order is in effect (basically framing you) and causing you serious problems. Hire an attorney and challenge the allegations.

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Posted

Well, I see I am not the first victim of this. She HAS had me falsely arrested for breaching the order of protection even though I never did. That was the second time she falsely arrested me. The judge apparently understood I didn't and then simply asked them to serve a new OP! The judge HASN'T even tried to punish my ex! Crazy! But would it have any effect on future immigration, I intent to leave the US when I'm done with this case.

Rahul Chakravartty

Rahul Chakravartty

Posted

You need to have a consultation. No respectable lawyer can advise you on criminal arrest consequences without taking a full look at the documents and analyzing the case. The short answer is yes, any arrest whether charges are sustained or dismissed, can and likely will have an impact on your immigration status and future options.

Posted

My recommendation would be to retain an attorney and fight to clear your name.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Posted

I agree. Do not accept anything. Try to fight it until they leave you alone and drop the charges.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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Posted

SO, I should never agree to the OP? If I agree to it, it will have an effect on my future immigration status when I try to come back with a working visa?

Alena Shautsova

Alena Shautsova

Posted

No, Do not agree. Even it's not so, you will be questioned about it and viewed as as somebody involved in domestic violence.

Asker

Posted

OK, so I am strongly considering switching attorneys. My ex got me falsely arrested because she lied and said I breached the OP before I even got the papers. The judge basically said that she just had to serve new papers. I have change my home since. So, I still haven't been served these papers. They wanted to serve me the papers in court. My attorney refused. Why would my attorney do that? I have proof and witnesses that I am completely innocent. Am I wrong to think that maybe my attorney doesn't have the best intentions for me?

Posted

I strongly suggest that you fight the OOP. If there is any type of allege violation of the OOP, then you might have problems with the later USCIS filing.

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Posted

This could really affect you negatively down the line. You do not want to accept the order and then have it prevent you from adjusting status later (or potentially even lead to deportation proceedings). Immigration is not forgiving when it comes to criminal histories or instances of domestic violence and it would be unwise to let this develop any further.

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Posted

So, at the next court date if I simply accept the Order of Protection just for the sake of getting rid of this, even though I never did these horrible things, it will be used against me when I try to apply to immigrate with a working business visa?

Sasha O. Lazarevich-Sinnott

Sasha O. Lazarevich-Sinnott

Posted

Yes, it can be used against you. If you do not contest the order it is like you are admitting that you did the things your ex has accused you of. It is important that you clearly dispute your ex's allegations. If you "accept" the order without a fight and later this becomes an issue when you try to adjust status (or end up in removal proceedings) it will be presumed that you deserved to have the order issued against you. Immigrants have to be extra vigilant about these issues because they can impact them so negatively. You should hire an attorney and fight the order.

Asker

Posted

OK, I'm strongly considering changing attorneys now. My attorney says I can accept the OP without admitting any wrongdoing. That this wouldn't have ANY effect on my future immigration status. Is this true or false? What section of the law is it in, where can I find this in writing?

Sasha O. Lazarevich-Sinnott

Sasha O. Lazarevich-Sinnott

Posted

Is your attorney an immigration attorney or a criminal defense attorney? If they are a criminal attorney you should also consult with an immigration attorney to make sure whatever you "accept" will not affect you down the line. You will need to consult with an immigration attorney BEFORE you accept and have them evaluate the specifics of your situation. The intersection of criminal law and immigration law is complex and there is not one answer to how each and every crime will affect someone in your situation. The result will vary depending on the severity of the crime and your what your future immigration goals are/issues will be. If you already have an immigration attorney you should trust their evaluation of the situation instead of coming to an online forum to second guess them. They know your situation best and, I assume, have researched the specifics of your present situation.

Asker

Posted

my attorney is a criminal defense/family court attorney. All I want to know is if accepting the Order of Protection, even though I never did anything wrong, would have an effect on my future immigration ? I am planning on leaving the country after the case is over, and planning on coming back in the 2,3 years.

Sasha O. Lazarevich-Sinnott

Sasha O. Lazarevich-Sinnott

Posted

Again, I've given you as much information as is possible. If you want a more detailed answer you will need to hire an immigration attorney to review your situation in detail.

Posted

I agree with the other posts as well. Accepting the OP can affect an immigration case as it can be viewed as domestic violence, and then there is always a chance that the OP could be violated. I strongly suggest that you retain an attorney to fight these charges in Family Court, it requires a hearing in family court where your attorney will have the opportunity to cross-examine your ex, and you will have the chance to tell your side as well.

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Posted

If the allegations in the OP can add up to a finding of "moral turpitude," the test the INS will use to evaluate the allegations against you; then absolutely not. More importantly, violating an existing OP can subject you to felony criminal charges. It is really easy to get arrested for violating an existing OP; especially if you are dealing with an angry and vindictive ex-girlfriend. DO NOT put your freedom in jeopardy. Do not accept the OP. You MUST act to get rid of the threat of the order of protection ASAP. Retain a criminal attorney with immigration experience who is familiar with Family Court procedure today.

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