Orders of Protection

Both the existence 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.

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 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.