I have restraining orders with my ex-wife. Based on lies she filed a report at family court which she couldn't prove and the case was closed but I let her take restraining orders without the finding of wrong doing. What should my answer be for the question above? either Yes or No?
Any criminal restraining order against you is a charge of an offense that resulted in a court case ( as you disclosed). Even though the case was dismissed, you must:
1. Disclose its date, location etc,
2. Obtain and submit a certified copy of that case disposition from the court clerk of that jurisdiction.
IT does not appear to be a preclusion for N400, but discuss it with your attorney of record in New York.
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Based on what you describe you have never been charged with a crime or been found guilty (convicted) of a crime or offense. I believe you can legitimately answer in the negative but you should check with the immigration attorney who should be assisting you.
My colleagues are correct. Talk to an immigration attorney.
www.capriotti.com -- [email protected] -- Senior Legal Counsel -- Capriotti International Law -- Legal disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney.
Typically retraining orders are considered civil in nature, however, with immigration, it is always better to err on the side of honesty to avoid being accused of fraud.
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