Possible Deportation Arrest or jail for violation of a support order may trigger a hold by immigration and lead to deportation proceedings (if not in status). Possible Denial of Future Immigration Benefits Violations ​can be​ sources of information regarding “conduct-­based” grounds of inadmissibility or deportability. Many immigration benefits like naturalization, LPR card, VAWA, VAWA Cancellation […]

Orders of Protection can provide secondary evidence for VAWA petitions and VAWA cancellation of removal. The Violence Against Women Act (VAWA) is a “self-petitioning relief” for non-citizens who are victims of domestic violence. Orders of protection can be used as supporting evidence for domestic violence (DV) based immigration relief. Examples of DV based immigration relief […]

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 […]

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, Supreme and Criminal Court orders of protection. Temporary and Final orders of protection. Applies even when the violating conduct […]

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 […]

Possible Consequence: Loss of Legal Status If the marriage was never valid, then the immigration benefits received from it may no longer be valid either. Note: Any findings or admissions that include a fraudulent marriage that provided immigration status may also result in referral for removal from the United States and a permanent bar from […]

Possible Consequence: Loss of Legal Status: If one party is a non-citizen, and is in the United States based on their spouse’s immigration application on their behalf, their legal immigration status MAY be impacted by the delay or the granting of a divorce. Judgment of Divorce will NOT have immigration consequences for a person who […]

Any period of incarceration, no matter what the reason, can negatively impact a person’s ability to receive an immigration benefit, like an LPR card or citizenship. Any period of incarceration, no matter what the reason, can negatively impact a person’s ability to obtain relief from deportation.

Applicants for many types of immigration benefits and relief from deportation must affirmatively demonstrate “good moral character.” Any period of past incarceration may make it difficult for an immigrant to make this “good moral character” showing. A showing of “good moral character” can be a written letter detailing the community involvement the individual has engaged […]

Once ICE decides to target a person for deportation, ICE will try to apprehend that person with the help of the local jail. ICE asks local jails to notify them when a person will be released. This enables ICE agents to immediately apprehend a person when they are released from jail. If a local jail […]