Immigration Consequences of a Virginia Protective Order
As an immigrant living in Virginia, if you are facing a temporary or permanent protective order, you could be facing serious immigration status consequences as well. Even when a protective order does not result in criminal charges, it may still raise red flags with immigration officials.
Whether you are renewing a green card or applying for a visa, a protective order can complicate your path to legal status in the United States.
If the issuance of a protective order raises questions about "good moral character" or suggests even minor criminal activity, deportation proceedings could be the result. A Henrico County, VA immigration attorney can assess your situation, answer your questions, and explain your options. Under certain circumstances, you could be eligible for a waiver of inadmissibility (Form I-601) if you are attempting to re-enter the United States and have had a protective order filed against you.
Types of Virginia Protective Orders
There are three types of protective orders in Virginia that represent a progression of legal action taken to safeguard individuals from abuse, with each type offering increasing levels of protection and requiring different procedures regarding issuance and enforcement.
- An Emergency Protective Order (EPO) is the quickest form of protection, issued by a police officer or magistrate in the face of an immediate threat of family abuse, and lasting for 72 hours. The alleged abuser is not required to be present or notified when the EPO is issued.
- A Preliminary Protective Order (PPO) is issued by a judge, providing an additional 15 days of protection while a hearing is set for a Permanent Protective Order and requires that the alleged abuser be personally served.
- A Permanent or Final Protective Order occurs after a court hearing where both the petitioner and respondent have an opportunity to present evidence. If the judge believes family abuse has occurred. The order can last up to two years.
How Can a Protective Order Affect Green Card or Visa Status?
When a green card status is pending, a protective order against the person seeking the green card can have adverse effects. If the protective order stems from a domestic violence incident and the respondent is convicted of a crime of "moral turpitude" related to that incident, it can jeopardize green card status.
Even if the protective order does not result in a criminal conviction, it can render an individual inadmissible to the United States, thereby denying entry or re-entry. A finding of "good moral character" is necessary for the issuance of a green card and citizenship applications, and a protective order related to domestic violence could potentially halt the process.
If any type of immigration application is pending, there must be close coordination between the immigration attorney representing the person against whom the protective order is issued and the attorney handling the family court case. Immigrants with a protective order should not consider traveling outside the United States without first consulting their immigration attorney.
In short, an immigrant who has a protective order issued against him or her could see adverse consequences regarding an adjustment of status, green card application, renewal, or naturalization. A protective order can also adversely affect a pending visa or asylum application.
Contact a Prince William County, VA Immigration Lawyer
If the claims of domestic violence that resulted in a protective order against you are false, it is important that you gather pertinent evidence and defend yourself strongly against such claims. You should not wait until a protective order jeopardizes your visa, green card, or future in the United States.
Having an experienced Fairfax, VA immigration attorney from The Estevez Group, PC who understands the overlap between Virginia civil law and federal immigration enforcement is crucial. Attorney Estevez is caring and wants to help people in crisis. She works as a guardian ad litem and is fluent in Spanish and Portuguese. Call 703-202-1660 to schedule your free consultation.
