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

Asked over 1 year ago - 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)

  1. Alexander Joseph Segal

    Contributor Level 20

    12

    Lawyers agree

    5

    Answered . 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.

  2. Irene Vaisman

    Contributor Level 20

    10

    Lawyers agree

    1

    Answered . 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.
  3. Rahul Chakravartty

    Contributor Level 11

    9

    Lawyers agree

    Answered . 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.

  4. Jeffrey B. Peltz

    Pro

    Contributor Level 14

    9

    Lawyers agree

    Answered . 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.

  5. Alena Shautsova

    Pro

    Contributor Level 20

    5

    Lawyers agree

    6

    Answered . 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... more
  6. Toria Lynn Dixon

    Contributor Level 4

    5

    Lawyers agree

    Answered . 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.

  7. Brian Figeroux

    Contributor Level 3

    5

    Lawyers agree

    Answered . 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.

  8. Sasha O. Lazarevich-Sinnott

    Contributor Level 12

    6

    Lawyers agree

    1

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,426 answers this week

3,285 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,426 answers this week

3,285 attorneys answering