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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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Orders of Protection

Order of Protection – Existence

  • Even if an Order of Protection is NOT violated, any person who is NOT a U.S. citizen may be subject to other immigration consequences including:
    • Denial of a Deportation Waiver which would protect someone from being deported.
    • Denial of an Immigration Benefit including lawful permanent residence and citizenship.
    • Interrogation after travel abroad and possible denial of reentry to the United States.

One of the most common consequences is the denial of immigration benefits.

  • Immigrants who seek U visas, lawful permanent residence, citizenship, and other types of immigration benefits may face:
    • Outright denials
    • Delays in adjudication that can last for years
    • Routine requests for additional evidence and questioning by the USCIS
    • See chart of adverse immigration consequences on NYFC dispositions (p. 10)

This can impact the children of immigrants who typically derive immigration status from their parents.

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Orders of Protection

  • Order of Protection – Violation
  • Order of Protection – Existence
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