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

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. about when the time comes for citizenship.

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Attorney answers 2

Best Answer

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 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104



Thanks for the detailed answer...sorry i forgot to mention that we are divorced. I filed for divorce after 2 months when he received his conditional status; therefore, I am wondering if having the R.O. on him who still needs to try to remove his conditional status, will the R.O. hurt his chances with immigration in getting his permanent green card or not assuming that he does NOT violate it.. meaning does not call or come close to me. Simply having it on his record at that time (for a year or two), how will that affect him in the pursuit of his 1) permanent green card; 2) citizenship later on.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina


If you are already divorced then the Restraining Order is only one of his worries. Even if he does not violate the order he will have to file a good faith waiver to remove his condition. It may not hurt him to have this on his record, but it will certainly not help him either.


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 for detailed evaluation of your case. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore, You should consult an attorney about your particular situation. Visit us at WWW.USIMMIGRATIONPLUS.COM Contact Immigration Law Offices of Tsirina Goroshit at 275 Madison Avenue, 4th Floor New York, NY 10016