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Custody of the child to sex offender father

By Niagara in Effects of Major Family Changes on Immigration Benefits

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Niagara Explorer

Niagara   1

Posted
Filed: Timeline
Posted

Hi,

i filed VAWA petition 16 months ago. To make story short, we have a child together. USCIS wanted to deport me because after FBI name check they find out that my now ex-husband have conviction against child. It's all happened during our marriage but my ex was hiding the truth from me until one day police came to our house. Now he is in prison and will come out in few months, he got 2 years. I have full custody of the child. my question is: If USCIS denied my VAWA will i be able take my child with me to my country or they will give custody to his father- child sex offender? I live in Texas.

NArocks Mentor

NArocks   13

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

Do you have an attorney? If not have you contacted one? Maybe catholic charties?

You need to make you case about VAWA, do you have police reports? Friends affidavits?

Just try and relax, you will get through this and you and your child will hopefully not be seperated

They should not be speaking of departing you becasue of your husbands records it is your they need to concerned with

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


canadian_wife Grand Master

canadian_wife   1,829

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I hope that the US child protection services has enough sense not to put permanent custody of a minor to a sex offender, I have more faith in the system than that. Does your child have citizenship of your home country? That may be something to look in to in case you decide to move back to your country there will be no issues with taking the child with you.

If you have enough evidence to support your VAWA (and a 2 year prison sentence is pretty good evidence) then I think you will be ok!

Good luck, I am so sorry for you and your child

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Niagara Explorer

Niagara   1

Posted
Filed: Timeline
  • Author
Posted

Yes, i have an attorney. My child is american sitizen, i cannot make him sitizen of my country without his dad permition.

I have friends affidavit to support my VAWA. I couldn't call police because my ex said if i call he will deport me and keep my child and hild my older son, i was realy scared.

He writing me letters from prison, when i was going trou divorce he sad i need go back to my country and leave my baby with his parents, it was ugly letters.

So, he will get out soon and i stil don't have green card.

Can they give custody of my child to his parents?

I can't believe i was married this man for 6 years.

Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
Yes, i have an attorney. My child is american sitizen, i cannot make him sitizen of my country without his dad permition.

I have friends affidavit to support my VAWA. I couldn't call police because my ex said if i call he will deport me and keep my child and hild my older son, i was realy scared.

He writing me letters from prison, when i was going trou divorce he sad i need go back to my country and leave my baby with his parents, it was ugly letters.

So, he will get out soon and i stil don't have green card.

Can they give custody of my child to his parents?

I can't believe i was married this man for 6 years.

What does your attorney say? Your ex seems to be intent in blackmailing you fron jail --- DO NOT LET HIM. Take all those mean letters to your lawyer. FAST. And stay safe.

Niagara Explorer

Niagara   1

Posted
Filed: Timeline
  • Author
Posted

Len, i did. My divorce attorney didn't care. She was scared to give full custody of my kid, she didn't want to be resposible if i take child out of country. I didn't like her in the end but it was too late hired another one. My immigration attorney contacted her and tell to her i have strong case then she was ok.

Does anybody know law in Texas?

Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
Len, i did. My divorce attorney didn't care. She was scared to give full custody of my kid, she didn't want to be resposible if i take child out of country. I didn't like her in the end but it was too late hired another one. My immigration attorney contacted her and tell to her i have strong case then she was ok.

Does anybody know law in Texas?

then your divorce lawyer is either a complete idiot or just does not want to do her job. Contact Catholic charities in your area, they do pro bono -free- work.

Niagara Explorer

Niagara   1

Posted
Filed: Timeline
  • Author
Posted (edited)

My divorce attorney was an idiot, i had a feeling that she is working for my husband. But it doesn't matter anymore..... My VAWA petition got APPROVED!!!!!

NOBODY will take my my child away from me!!! Thank you, GOD!!!!

Edited by Niagara
NArocks Mentor

NArocks   13

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

YEAH NIAGARA :dance: :dance:

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


canadian_wife Grand Master

canadian_wife   1,829

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

WHEW!! Excellent news!

And by the way, under US law, your husband CANNOT deport you!

Good luck!

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

 
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