VAWA Good Moral Character RFE

[Imperium 81]

Hello fellas,

I got an RFE to submitt a state police fingerprint based clearance. Althouhgh I previously submitted police clearance latters from the two cities I have resided prior to applying for I-360, service states that I must submitt a state police fingerprint clearnce. I have done that and now they are reviewing the RFE Response. I hope to get my Prima Facie soon.

[bjandrea 0]

Hello everyone , I have a criminal record what other ways are there to prove good moral character vawa

What if abuser recently

died and you have to reapply for vawa

[bjandrea 0]

I everyone I have criminal record what things can I do show good moral character

[Brian1967## 119]

Depends on the crime, if you where convicted and criminal record just means you could have been arrested. Need details in order,

Edited November 7, 2013 by Brian1967##

[Back&Brighter 1]

Hello everyone , I have a criminal record what other ways are there to prove good moral character vawa

What if abuser recently

died and you have to reapply for vawa

Not sure if you can apply VAWA now once abuser is dead.

Do you have evidences of abuse?

[belinda63 3,041]

What do you mean "reapply" for VAWA? Have you already been denied?

[Hypnos 6,578]

Someone whose abuser dies can still file for VAWA provided it has been less than two years since the abuser's death.

[bjandrea 0]

Depends on the crime, if you where convicted and criminal record just means you could have been arrested. Need details in order,

I am paying restitution back when payment is over I will not have a police record it was Id theft vawa got denied because I did not show proof of the mins of the plea ,restitution = no police record

[Brian1967## 119]

Look, it will not be easy but apply what do you have to lose. However, when USCIS runs your ID numbers through the system your arrest will become their knowledge, have all your paperwork, USCIS will not like the idea of a immigrant committing fraud. Your arrest record will follow you in the USA till the day you die even if you are pulled over in 20 years for speeding, it will come up on the computer, also this type of arrest will not show on employment checks but it will show on public records, in the USA all court proceedings and arrest records are allowed to be seen by the public.

[bjandrea 0]

Hi, y'all aside from volunteering at the hospital and immigration, what else can I do to show good moral character

[Villanelle 4,122]

You are asking a vague question and the answer is very complex depending on a variety of details- so the best I can give you is an general overlay and maybe you can see where you fit in and hopefully you'll get the information you need.

There are general grounds for inadmissibility that apply. Now were talking just regular applicants. In regards to crimes of moral turpitude (CMT) They count against you unless they were petty offense, including almost all misdemeanors, if you have no prior CMTs, the maximum potential prison sentence is one year or less, and the actual sentence is six months or less. Hence them needing the records to see if your CMT is something that can be held against you.

If your record does show it is something that can be held against you- dont panic. Because you are applying under VAWA, there are special provisions for VAWA adjudicators to provide an exceptions and waive it. They phrase it as 'using favorable discretion'. However they like to see that the reason for the crime was because of the abuse or situation you were in. Ie you were forced to commit the crime because you had no other choice as a victim of your situation. For example its unfair to punish a woman who was arrested for prostitution and not allow her to adjust now because of her record when her abusing USC spouse was the one forcing her out on the street. Or if your illegal ID card was to work to provide food for your starving children because your abusive USC spouse threw you out and you had no options- well okay. Or if your abusive USC spouse gave you the card to have you open accounts for them to help them launder money- I mean theres a thousand scenarios in which you couldve committed a crime out of necessity or been and unwilling victim in it due to the abuse. In those situations presenting the story to the adjucator that yes I was guilty of the crime but this is why and I wouldnt have done it if I wasnt in the abusive situation shows that you are a person of good moral character. (Its very similar to the if a man steals a loaf of bread to feed his starving family is he a criminal? To USCIS- No)

However if none of that applies to you (you can not tie the crime to the abuse because its just totally unrelated) they still do have that 'favorable discretion' they can use to provide the exception. So that is where you would need to come up with alternative forms of proof of your moral character, like proof of volunteer work and statements from respected members of the community and hope its enough to sway them. Because youd have to basically show you committed the crime on your own un coerced on your own free will- basically you were bad and now youre good. Now you have changed. It will make them question how good and truthful of a person you are and if they should believe your statements of the abuse or not.

So in my opinion and Im not a lawyer by any means, but how I see it:

if the crime is something that is going to be knocked out in the first round (the general rules that apply to everybody)

-if it was related to the abuse I would submit evidence of that as well because even though its not necessary its not going to hurt and will strengthen the vawa case along with all the other good moral evidence you have.

-if its not related to the abuse the final adjudicator will see that it was waived under the blanket provision but may still have doubts about you. So you can submit just good things like present good moral character stuff or the whole package detailing how the crime was unrelated the abuse and how you were once bad and now good. (personally I think oversharing like that is a bad idea, you dont know if they have doubts so why open up something they might not be thinking about, so I would just send evidence of good moral character and nothing about the crime besides the court papers)

if the crime does not get knocked out in the first round and has to go to "vawa' to make a favorable discretion determination- then you must send everything- good or bad, if it was related to the abuse or not because they are going to be making a decision rather then above where its automatically decided to be waived.