Both the issuance of an order of protection, and violation can lead to negative immigration consequences.
The Process for Immigration Referrals
- USCIS may seek access to the NYS Order of Protection Registry.
- USCIS can gather Family Court Orders of Protection because their databases are connected to the NYS Order of Protection Registry.
Violation of Orders of Protection
- Violations have potential immigration consequences.
- The most serious is the possibility of deportation.
- Any non-citizen who IS FOUND TO HAVE VIOLATED a Family Court protective order is deportable. 8 USC 1227(a)(2)(E)(ii).
- This provision applies to:
- Family and Criminal Court orders of protection
- Temporary and Final orders of protection
- Applies even when the violating conduct involved no actual violence or threat of violence
Issuance of Orders of Protection
Issuance of an O/P by itself does NOT trigger removal from the U.S., but it may:
- Decrease the chances of a non-citizen being granted immigration status or other relief (i.e., U.S. citizenship, lawful permanent resident status) which may result in removal from the U.S.
- Increase the potential for a non-citizen to be deemed inadmissible and referred for removal following brief travel abroad.
Click here for a complete guide on Orders of Protection
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