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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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        • Article 3 – Juvenile Delinquency
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        • Article 8 – Family Offenses
        • Article 10 – Abuse & Neglect
        • Matrimonial & Integrated Domestic Violence
        • Orders of Protection
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FCA Article 8 - Family Offenses

Orders of Protection

Both the existence of an order of protection, and violation can lead to negative immigration consequences.

The Process for Immigration Referrals

  • After a Criminal Court, Supreme Court or Family Court issues a temporary or final Order of Protection, the information is shared with the NY Order of Protection Registry which is then shared with the FBI Database.
  • Federal immigration authorities (including ICE and USCIS) can access this FBI database.

Violations have potential immigration consequences.

  • The most serious is the possibility of deportation.
    • Any non-citizen who is determined by a court to have violated an order of protection, including those issued by a Family Court, is at risk of being deported. 8 U.S.C. 1227(a)(2)(E)(ii).
    • This provision applies:
      • To Family and Criminal Court orders of protection.
      • To Temporary and Final orders of protection.
      • Even when the violating conduct involved no physical violence or threat of violence.

Issuance of a protective order 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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FCA Article 8 - Family Offenses

  • Issues for the Respondent
    • Orders of Protection
    • Civil Contempt & Incarceration
    • Concurrent Criminal Proceedings
  • Issues for the Petitioner
    • U Nonimmigrant Status Certifications
    • Process of U-Certification Issuance
    • U Certification Requirements
    • Why Timely U Certification Matters
    • SIJS v. U Visa
    • Special Immigrant Juvenile Status (SIJS)
    • Supporting Evidence for VAWA
  • FCA Article 8 Slide Presentation

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