There is a set fear among the immigrant community about “taking” an undocumented person to court for child support and the fear that that would trigger deportation proceedings. However, that fear has no basis; that is, so long as the undocumented person is current on his or her child support or spousal support. When an undocumented person applies for an immigration benefit, he or she will be asked specifically if he or she is delinquent on any support orders.
For Orders of Protection, that is a real fear. It is important that you have sought the advice of counsel and are well represented prior to entering into any agreed Order of Protection, or before proceeding to a hearing. The effects of that final disposition order can have irreversible consequences for your immigration case, and there may be nothing your immigration attorney can do at that point. For example, even if you and your “ex” agreed to “terminate” the Order of Protection, that may be enough evidence of a finding of domestic violence by the undocumented person to subject him or her to deportation proceedings. Therefore, it is important that you speak to an attorney who knows about these consequences and can better advise you as soon as you are served with the Petition for Order of Protection.