Naturalization with Dismissed Personal Protection Order

[Kacper 1]

Hello All,

I'm not sure if I have posted in the correct forum or not, perhaps I should have posted in the naturalization area?

 

My wife and I have created a possible situation in regards to naturalization.  We have been married since 2016 and I have received my 10 year green card fairly recently.  Two years ago we were not treating each other well and both shoved and pushed one another.  She had a bruise on the arm and I had several myself.  Long story short she filed for a personal protection order and it was granted.  I left the home and over the course of two weeks we both went to court and she asked for the ppo to be terminated.  The judge asked if that is what we both wanted and we said yes.  The termination order simply stated there was no longer a need for personal protection.  I was never arrested, never charged with anything.  I was honest and let immigration know that I moved - once to an apartment and then again back home.  We went to counseling, but stopped as it was so expensive and we didn't make a connection with the therapist.  For the most part we get along, realize our mistakes and try to do better.  We both worried about ROC, but my case went through.  Will this be a problem for me when I decide to naturalize?  My wife and I are still married.  I have a copy of the termination order with the court seal on it, but not a copy of the ppo iteself.  Will the termination order be enough to take with me to the interview?  Should I mention this on the n-400 as I was not arrested or charged with anything?  I'm back to worrying and need advice.  Has anyone had a similar situation and been approved?  Should she write a paper stating we were both in the wrong and have a notary place their seal on it?  Would it even matter?  Many thanks.

 

 

[Going through 5,671]

Protection orders are generally civil matters, not criminal. 

 

A protection/restraining order, in and of itself, will not negatively affect your N400 and by itself also does not mean you will not fulfill the good moral character requirements for the N400.   Will it come up in a criminal background check?  No, because it's not a criminal matter.  Will it come up when USCIS does a name check?  Likely, yes.  

 

There is no specific question on the N400 regarding restrainting/protection orders, nor is a protection order in itself an arrest, or even a citation, nor a charge.   It is an enforceable warning and if it had been ignored, police charges could be filed.  It is a complete non-issue in terms of the N400.

 

 

THAT BEING SAID:

 

At any time did you violate the protection order before it was terminated?  If so and you were arrested/charged as a result of that---those charges need to be disclosed.  If so and you were NOT arrested/charged as a result---then it should be disclosed in Part 12 question #22 regarding "have you ever committed a crime for which you were not arrested".

 

If the protection order came as a result of you being previously charged for any criminal act (ie. domestic violence, battery, etc.) then those charges must be disclosed properly.

[TBoneTX 45,329]

Outstanding reply above.

 

Just to add:  Notaries notarize signers' signatures, not the contents of documents.

[Kacper 1]

13 hours ago, Going through said:

THAT BEING SAID:

 

At any time did you violate the protection order before it was terminated?  If so and you were arrested/charged as a result of that---those charges need to be disclosed.  If so and you were NOT arrested/charged as a result---then it should be disclosed in Part 12 question #22 regarding "have you ever committed a crime for which you were not arrested".

 

If the protection order came as a result of you being previously charged for any criminal act (ie. domestic violence, battery, etc.) then those charges must be disclosed properly.

Good morning and thank you for your response.  No, I never violated the order before terminated.  Prior to being served the police had been to the house and warned us to cool off, they later stopped by to see if everything was okay, but no arrest took place.  I don't believe I was charged with anything.  The order was an ex parte order and I was to stay away for one year.  She requested to terminate and so did I.  We met before the judge and he dismissed it on spot.   The hearing lasted a mere ten minutes.  We went to the courthouse yesterday to obtain a certified copy of the termination order and the clerk looked at us oddly stating it had been dismissed, of course it's still on record and will be forever.  We did not request the original paper work that started the motion, will we need this?  Will we need the certified termination order?  So, are you saying on Part 12 question #22, I should answer "yes"?  I'm very nervous. 

[Going through 5,671]

1 hour ago, Kacper said:

We did not request the original paper work that started the motion, will we need this?

No.

 

 

1 hour ago, Kacper said:

So, are you saying on Part 12 question #22, I should answer "yes"?  I'm very nervous. 

1 hour ago, Kacper said:

No, I never violated the order before terminated.

The bolded means you answer "NO", unless of course there's anything else in your history that would fit what the question is asking.

 

 

1 hour ago, Kacper said:

We went to the courthouse yesterday to obtain a certified copy of the termination order and the clerk looked at us oddly stating it had been dismissed, of course it's still on record and will be forever. 

You do not need to disclose the prior protection order on the application.  You were not arrested for this.  You were not cited for this.  You were not charged with anything for this.  A protection order/ex parte order is not relevant to the questions regarding criminal history/citations/arrests.

 

If you are questioned about it---or asked outright if you've ever been involved in a non-criminal civil matter---during your interview (remember it will come up during a name-check) then of course be honest in explaining what happened.

 

 

 

 

[Kacper 1]

On 1/14/2020 at 9:45 AM, Going through said:

No.

 

 

The bolded means you answer "NO", unless of course there's anything else in your history that would fit what the question is asking.

 

 

You do not need to disclose the prior protection order on the application.  You were not arrested for this.  You were not cited for this.  You were not charged with anything for this.  A protection order/ex parte order is not relevant to the questions regarding criminal history/citations/arrests.

 

If you are questioned about it---or asked outright if you've ever been involved in a non-criminal civil matter---during your interview (remember it will come up during a name-check) then of course be honest in explaining what happened.

 

 

 

 

Thank you and sorry for asking repeatedly. 
# 22 of Part 12  Reads: Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?
I understand what you are saying about the protection order not being a criminal matter, but a civil, but will the word "offense" and the words "for which you were NOT arrested" change the dynamics or should my response still be "No."

#23 of Part 12 Reads: Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason?  Will the word "cited" pertain to my case as I did have to appear before the judge?  Should my answer be "No or Yes"?

Sorry, but I want to make sure we are looking at the same version, I have the application that expires 09/30/2022.

Thanks again for your kindness.

[Going through 5,671]

5 hours ago, Kacper said:

# 22 of Part 12  Reads: Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?
I understand what you are saying about the protection order not being a criminal matter, but a civil, but will the word "offense" and the words "for which you were NOT arrested" change the dynamics or should my response still be "No."

To try to avoid confusion for you, I'll try to explain my answer in a different way---  If you have ever shoplifted from a store and did NOT get caught (walked out with the item you were knowingly stealing), then the answer would be yes...you knowingly committed a crime and were not arrested/charged as a result.  Having a protection order in place doesn't mean one committed a crime or offense---anyone can file a protection order against anyone else, there doesn't have to be an actual convicted crime behind that before filing.

 

5 hours ago, Kacper said:

#23 of Part 12 Reads: Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason?  Will the word "cited" pertain to my case as I did have to appear before the judge?  Should my answer be "No or Yes"?

As I explained before, a protection order (in and of itself) is not an arrest, not a citation, nor were you detained at any point by what you have stated in this thread.

A law enforcement officer/immigration official/US armed official did not cite you to appear in court----your spouse had you served the order to appear (which was then dismissed).

 

It's like getting a divorce....one appears before a judge but it's not a citation given to do so by law enforcement.  The spouse has the person served with divorce papers to appear in court.  

 

[Kacper 1]

Thank you so much for your help.

[Kacper 1]

One last question, should I try this myself or hire an attorney?

[Going through 5,671]

13 minutes ago, Kacper said:

One last question, should I try this myself or hire an attorney?

You don't need an attorney (in my opinion)...you weren't actually charged with anything...not sure how an attorney can be useful...

 

Of course an attorney will be happy to take your money for any reason under the sun but be advised the attorney cannot answer any question on your behalf during the interview and has to remain silent unless the IO asks him/her a direct question.

 

One last time, there is no area to disclose you had a protection order against you in the past on the N400 application.

 

For what it's worth----I went into my N400 interview (and my AOS interview) with criminal CIMT charges (I was charged, arrested and convicted) which were far more serious than someone serving you with a civil protection order that was later dismissed....without the assistance of an attorney.  Naturally your choice though, your money---but I honestly don't see how the assistance of an attorney is beneficial when you were not actually charged, arrested, or convicted of anything?

Edited January 20, 2020 by Going through

[Kacper 1]

Thanks again, maybe I'm just worrying to much and need to relax.  We did not hire an attorney for ROC and that passed.  

3 hours ago, Going through said:

..."not actually charged, arrested, or convicted of anything?

Never.
 

[Going through 5,671]

It's normal to worry.  Every part of the immigration process can be stressful even for those with the most straightforward applications