Temp Limited Order of Protection

[samsori81 0]

Hello,

My wife and I have been married for about a year. She came here on a B visa about two years ago. We apply to adjust her status about 3 months after getting married and everything went well until we had a fight in public and were both arrested.

After spending a weekend under arrest, we each saw a judge. We were both giving temporary limited order of protection (which states we can be around each other, but should not fight or hurt each other) until our second court date ( a month later)

After my second court date, my case was closed and sealed and the temp limited order of protection dismissed.

Unfortunately for my wife, her case was extended for a whole year and the limited order of protection still stands. The deal was that her case would be closed and seal and the temp limited order of protection removed if she was out of trouble for that year.

In the middle of all this going on, we had our immigration interview to proof that our marriage was real. The immigration officer was satisfied and told us she would submit our case for approval.

After waiting the 60 days for the case to be approved, we were contacted by the immigration officer who saw our case. She requested that we submit a document that states that the temp limited OP was dismissed against my wife.

I've tried to contact the court and district attorney to get the order dismissed but have had no luck.

The immigration officer gave us until July 19th to bring her this document or she will have to denied the case.

Please Help! What should we do?

[perez525 8]

Wish I could help with this situation..but the immigration seems to be real strict about this and the date you need to have it by.....but I will either go in person to the district and explain your situation because it seems that they're not giving you the documents you need.. or have an attorney involved.

Best of luck.

[JimVaPhuong 4,863]

You can't provide what you don't have, and it's highly unlikely you're going to get the order lifted before the 19th. If you have an attorney, or you could get one, then you might be able to make an emergency appeal for a hearing in front of the judge who issued the order. If that doesn't pan out then be prepared for the I-485 to be denied. You'll have 30 days from the date of the denial to file a motion to reopen. Unless you can provide NEW evidence with the MTR then that would also be denied, and you'll be going to immigration court.

If the emergency hearing doesn't work then get a good immigration lawyer. Don't try to do the MTR or immigration court on your own.

[samsori81 0]

Thank you so much for your quick response. We will try to get a criminal lawyer to try to get the Order lifted. Hopefully we can get an emergency hearing...

Now, if we don't get that done in time would you recommend that we show up at the immigration office with what ever documents we have about the Order? If this is not sufficient, would they arrest my wife and try to deport her on that day?

If none of this works to get an approval or extension, we will get an immigration lawyer to go to the MTR; But I'm guessing that we need to continue to try to get the order lifted...

Is an order of protection sufficient to denied a case and deport a person? Anything we can tell the immigration officer?