QUESTION

Can a civil restraining order (PFA) affect H1B stamping at the US consulate in india?

Asked on Apr 14th, 2021 on Immigration - New York
More details to this question:
My wife filed a civil restraining order against me, and it was entered in my name for 1 year. The civil restraining order ended in Aug 2018, so it’s not active now and i didnt violate it either. Currently I am on a valid H1B visa and wish to travel to India and get the H1B stamping done from a US consulate in India. Is there any chance that my H1B stamping gets rejected and I am not able to enter US??
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Initially, travel to India at this time in the time of pandemic is not advised and you may not be able to return because of the new travel ban of the Biden administration. That being said, it is difficult for me to imagine that the American consulate or embassy would have knowledge of your protection from abuse civil restraining order since you did not violate it. If it did, however, it might ask you for an explanation of the entire incident or incidents leading up to the PFA. Dependent upon your responses, the consular officer would make the decision. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 07th, 2021 at 1:58 PM

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