There was a Protective Order against someone in 2003 without any violence or any cause. The applicant just wanted to leave with her paramour-girlfriend, so she through the man out of the house and placed a protective order against him. There was no prior domestic violence or any risk of violence whatsoever. After a year, the protective order was cancelled.
Now, is that kind of protective order a criminal offense that can disqualify somebody from the Obama Immigration Reform?
A lot more facts are required to answer this question. I recommend contacting an immigration attorney to help you answer this.
I do not think so. We do not know for sure since new regulations are not yet in, but it should not be based on the regulations USCIS promulgated for DACA's current version. One would suppose that the applicable standard should similar if not the same.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Not possible to tell one way or the other without some imminent clarification and instructions from USCIS, as well as the Regulations that are expected by early spring. Be patient.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
At this time, it is too early to determine if a protective order will cause problems with DAPA. We need to wait for the federal regulations to provide additional guidance.
a disqualifying offense as announced is a felony, but based on CIS past regulation in DACA cases one can draw a conclusion that any serious misdemeanor conviction can be included. if the conviction and the statute under which you were found guilt does not include domestic violence references then you may qualify but still is too early to say for sure. we all would know withing the next few months how the CIS will define those terms.
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