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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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Matrimonial & Integrated Domestic Violence

IDV – Orders of Protection

Any finding in civil or criminal court may result in immigration consequences.

  • Both the existence of an order of protection, and violation can lead to negative immigration consequences.
  • Orders of protection can be used as supporting evidence for other forms of domestic violence (DV) based immigration relief.
  • For more comprehensive guidance, please see the Orders of Protection module.

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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.
  • Immigration authorities use this information to determine if a person should be removed from the United States.
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Matrimonial & Integrated Domestic Violence

  • Judgment of Divorce
  • Annulment
  • IDV – Orders of Protection
  • IDV – Violation of Orders of Protection
  • IDV – Issuance of Orders of Protection
  • Secondary Evidence for VAWA
  • Violation of Support Order
  • Affidavits of Support – Impact
  • Denial of Immigration Benefits/Relief
  • Legitimacy & Paternity
  • Matrimonial & IDV Slide Presentation

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