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Green Card Holder - Family/Civil Harassment Order. Re-entry to USA?

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Graeme1967

New member
Hi. I’m pulling my hair out a little. I’ll try to be brief.

I’m a UK citizen, married to a US citizen. Our kids were born in the UK. We came to California 8 years ago - I came with permanent US residency (expires 2021).

I have been going through a complicated divorce for two years now. As I gather happens in many case, my ex threw a Temporary Restraining Order at me, to get leverage in our custody case. We had a hearing, and the judge dismissed all allegations of physical violence (there was nothing of the sort). I only ended up with a harassment order, which ran from August 2017 and expired August this year. We are now peacefully working together through the final steps of the divorce.

Thinking that returning to the UK on my own, for a visit, wouldn’t be an issue, I booked a flight back to London to visit my parents over Christmas (both in their 80s and I haven’t seen them for 3 years). However, my roommate has now scared the heck out of me. He says he was at Thanksgiving at his brothers, and discussed my situation with a family fiend who works for Homeland Security. On returning home my roommate urgently advised me NOT to return to England for a visit, saying that his Homeland Security friend said that, because of the expired harassment order, I’d be refused re-entry to the USA.

I’m panicking, now. Is this true? Were this to happen, I’d never see my kids here in the US, again. I’d thought that there was a clear distinction between a ‘civil order’ and a ‘criminal order’? I was never arrested, never had my fingerprints taken, spent no time ‘locked-up’ anywhere. I have no prior criminal record here in the USA, nor back in the UK. I’m a highly respected high school teacher here in California - never been in trouble, and always been law-abiding. Again, the only stain is this harassment order, now expired. I know it remains in the CLETS system, but thought it wasn’t a criminal conviction.

I’m just so confused, now. Yes, I need to speak to an immigration lawyer, but can’t do this until Monday. But any information to perhaps calm me down a little, in the interim, would be hugely appreciated.

Thank you.
 


Just Blue

Senior Member
Hi. I’m pulling my hair out a little. I’ll try to be brief.

I’m a UK citizen, married to a US citizen. Our kids were born in the UK. We came to California 8 years ago - I came with permanent US residency (expires 2021).

I have been going through a complicated divorce for two years now. As I gather happens in many case, my ex threw a Temporary Restraining Order at me, to get leverage in our custody case. We had a hearing, and the judge dismissed all allegations of physical violence (there was nothing of the sort). I only ended up with a harassment order, which ran from August 2017 and expired August this year. We are now peacefully working together through the final steps of the divorce.

Thinking that returning to the UK on my own, for a visit, wouldn’t be an issue, I booked a flight back to London to visit my parents over Christmas (both in their 80s and I haven’t seen them for 3 years). However, my roommate has now scared the heck out of me. He says he was at Thanksgiving at his brothers, and discussed my situation with a family fiend who works for Homeland Security. On returning home my roommate urgently advised me NOT to return to England for a visit, saying that his Homeland Security friend said that, because of the expired harassment order, I’d be refused re-entry to the USA.

I’m panicking, now. Is this true? Were this to happen, I’d never see my kids here in the US, again. I’d thought that there was a clear distinction between a ‘civil order’ and a ‘criminal order’? I was never arrested, never had my fingerprints taken, spent no time ‘locked-up’ anywhere. I have no prior criminal record here in the USA, nor back in the UK. I’m a highly respected high school teacher here in California - never been in trouble, and always been law-abiding. Again, the only stain is this harassment order, now expired. I know it remains in the CLETS system, but thought it wasn’t a criminal conviction.

I’m just so confused, now. Yes, I need to speak to an immigration lawyer, but can’t do this until Monday. But any information to perhaps calm me down a little, in the interim, would be hugely appreciated.

Thank you.
Bump...
 

LdiJ

Senior Member
Hi. I’m pulling my hair out a little. I’ll try to be brief.

I’m a UK citizen, married to a US citizen. Our kids were born in the UK. We came to California 8 years ago - I came with permanent US residency (expires 2021).

I have been going through a complicated divorce for two years now. As I gather happens in many case, my ex threw a Temporary Restraining Order at me, to get leverage in our custody case. We had a hearing, and the judge dismissed all allegations of physical violence (there was nothing of the sort). I only ended up with a harassment order, which ran from August 2017 and expired August this year. We are now peacefully working together through the final steps of the divorce.

Thinking that returning to the UK on my own, for a visit, wouldn’t be an issue, I booked a flight back to London to visit my parents over Christmas (both in their 80s and I haven’t seen them for 3 years). However, my roommate has now scared the heck out of me. He says he was at Thanksgiving at his brothers, and discussed my situation with a family fiend who works for Homeland Security. On returning home my roommate urgently advised me NOT to return to England for a visit, saying that his Homeland Security friend said that, because of the expired harassment order, I’d be refused re-entry to the USA.

I’m panicking, now. Is this true? Were this to happen, I’d never see my kids here in the US, again. I’d thought that there was a clear distinction between a ‘civil order’ and a ‘criminal order’? I was never arrested, never had my fingerprints taken, spent no time ‘locked-up’ anywhere. I have no prior criminal record here in the USA, nor back in the UK. I’m a highly respected high school teacher here in California - never been in trouble, and always been law-abiding. Again, the only stain is this harassment order, now expired. I know it remains in the CLETS system, but thought it wasn’t a criminal conviction.

I’m just so confused, now. Yes, I need to speak to an immigration lawyer, but can’t do this until Monday. But any information to perhaps calm me down a little, in the interim, would be hugely appreciated.

Thank you.
I am going to recommend that you get an immediate consult with an immigration attorney. However, based on what all is going on in this country lately, I am not surprised that your friend's family member made that warning.
 

xylene

Senior Member
I think your friend/roommate is kind of a big jerk to discuss your personal issues over dinner, let alone with a government official.

You need your own attorney consult on how to proceed.

Bluntly, I think you would be crazy to leave the US for any reason until your divorce is finalized and your immigration attorney say "OK"
 

xylene

Senior Member
I don't thing the immigration officers will be inclinded to view this fairly.

You may need to get this order vacated - not simply expired.
 

Just Blue

Senior Member
I think your friend/roommate is kind of a big jerk to discuss your personal issues over dinner, let alone with a government official.

You need your own attorney consult on how to proceed.

Bluntly, I think you would be crazy to leave the US for any reason until your divorce is finalized and your immigration attorney say "OK"
It amazes me how people feel free to discuss others legal issues with all and sundry. smh...
 

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