Canadian Single Dad of 2 young U.S. citizens

[amberlynnloves 125]

amberlynnloves, I don't want a shouting match. Don't envy the court-ordered assistance for USC minors - it just insures the basics. I'd much rather be a tax-payer; that's why I'm not resigning to circumstances and educating myself

I have no envy toward you what so ever. I'm feel so sorry for your children and its terrible that you are using them.

amberlynnloves, I don't want a shouting match. Don't envy the court-ordered assistance for USC minors - it just insures the basics. I'd much rather be a tax-payer; that's why I'm not resigning to circumstances and educating myself.

Edit: Harpa Timsah, I stepped away to administer medicine and just now read your libel; it doesn't help you, me or anyone on this forum or this planet.

You're a sick individual. I'm sickened by you.

[AmyWrites 593]

Come on guys don't get this closed I want to see what a lawyer tells him

[SingleDad2usc 71]

the fact that you get sickened by merely reading means that you're not at piece with YOURSELF. can't help in that department

now, when there were tough questions earlier today - I actually appreciated them; keep them coming friends.

To come back: isn't there a provision for CAREGIVER to USC children abused/neglected by LPR parent?

[Bumbo1 1]

If you make an VAWA application you need to

1. find out if you are still married or not (this effects you eligability) - before applying.

2. Prove your relationship was not entered for immigration purposes (so evidence you lived together for at least 2 years)

3. Proof your wife/ex-wife is now or was a LPR/USC

4. Evidence of abuse - it may be harder for you if you cannot prove recent abuse - not paying child support doesnt appear to count

It is likely more is needed but this is some of what I have found.

You can apply as a parent of an abused child but again abuse or extreme cruelty must be proven, not paying child support is not abuse or extreme cruelty, however I believe you mentioned they were abused by her (but this must be in the legal sense, not just in your opinion)

My research also indicates that there is a time frame in which they would expect you to have filed, again this seems to depend on whether you are married still or not. However, the fact that you have gone this long without taking action doesnt go in your favor.

FYI - taken from VAWA law on USCIS website:

"(ii) Legal status of the marriage. The self-petitioning spouse must be legally married to the abuser when the petition is properly filed with the Service. A spousal self-petition must be denied if the marriage to the abuser legally ended through annulment, death, or divorce before that time. After the self-petition has been properly filed, the legal termination of the marriage will have no effect on the decision made on the self-petition. The self-petitioner's remarriage, however, will be a basis for the denial of a pending self-petition" - Although their appears to be a provision if you are divorced: "your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing"

"(vi) Battery or extreme cruelty. For the purpose of this chapter, the phrase "was battered by or was the subject of extreme cruelty" includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence. Other abusive actions may also be acts of v iolence under certain circumstances, including acts that, in and of themselves, may not initially appear violent but that are a part of an overall pattern of violence. The qualifying abuse must have been committed by the citizen or lawful permanent resident spouse, must have been perpetrated against the self-petitioner or the self-petitioner's child, and must have taken place during the self-petitioner's marriage to the abuser."

"A self-petition filed by a battered spouse or child must be accompanied by evidence of citizenship of the U.S. citizen or evidence of the immigration status of the lawful permanent resident abuser. Self-petitioners are encouraged to submit primary evidence whenever possible, although adjudicators should consider any relevant credible evidence. 8 CFR 204.2©(2)(i) . However, the determination of what evidence is credible, and the weight to be given to that evidence, is left to the discretion of the adjudicating officer. Section 204(a)(1)(J) of the INA. USClS regulations at 8 CFR 204.1(g)"

I'm not an expert, but based on this I strongly recommend you find someone who is before proceeding

Edited July 7, 2012 by KT&MT

[Bumbo1 1]

the fact that you get sickened by merely reading means that you're not at piece with YOURSELF. can't help in that department

now, when there were tough questions earlier today - I actually appreciated them; keep them coming friends.

To come back: isn't there a provision for CAREGIVER to USC children abused/neglected by LPR parent?

Yes, but for abuse or extreme cruelty - I dont believe giving up the rights to your child is the same as neglect. Giving up your children, although hard to swallow, is a responsible move and very different from them not being taken care of if you follow me. A parent who acknowledges there inability to care for their children is not neglectful or abusive, although I appreciate you mentioned there was abuse in the traditional sense (taking prescribed medication while pregnant under the advice of a physician that resulted in damage to the children is tragic but not abuse). Still, the burden of proof for the applications remains the same.

[canadian_wife 1,822]

Op, have you thought of consulting Laurel Scott? Her free immigration chats on Wednesdays are amazing. It is no surprise tht you aren't making any friends on this thread but you've gotten some great advice.

Please stop attcking people.

Although I feel so sorry for your children, they need to be priority #1, You've been in the US for how long? I would hate for something to happen to separate you from your children becuase you were not proactive enough to fix this

Good luck

[SingleDad2usc 71]

it sounds like her 2003 conviction doesn't count at all, if she only became LPR around 2006-2007(?) well since then there were only verbal threats to me and children (credible threats, based on documented previous track-record) and fraudulent Child Support avoidance

[SingleDad2usc 71]

so looks like offender's LPR lateness kills VAWA route (?)

[Bumbo1 1]

it sounds like her 2003 conviction doesn't count at all, if she only became LPR around 2006-2007(?) well since then there were only verbal threats to me and children (credible threats, based on documented previous track-record) and fraudulent Child Support avoidance

It may, it may not. I think your biggest issues are the fact that you didnt do this sooner (unhelpful, i know) and you really have no idea whether she herself is or was ever a LPR/USC or if you are even still married. It doesnt seem to clarify whether she must have both an LPR AND married to you for the abuse to count. The more I read the more convinced I am that this is way too big for VJ to really advise on. Get yourself that free expert advice, it should help you to, at the very least, determine if you even qualify. Again, not paying child support, while fraudulent, doesnt seem to be abuse/extreme cruelty - this is your least compelling argument, only serves to show a pattern as a bad parent but not as an abuser.

Remember that the visa requirements are just that, and if you dont meet the minimum the IO has the right to deny your case and begin removal proceedings against you. Applying for a visa when you arent certain you meet the minimum requirements means asking for approval outside the norm, which they do not have to do. While I believe humanitarian applications mean alot is upto the IO's discreation, this is not something I would want to rely on.

Again, I stress I am not an expert, just trying to be helpful - get your free consultation, but be realistic some lawyers will take your money regardless of the outcome for you. The recommendations you have received are great places to start since they have good reputations.

Edited July 7, 2012 by Bumbo1

[SingleDad2usc 71]

and Children only qualify as C-o-R defence (extreme hardship) if Feds come after me first (?); I can't go in myself (?)

[Bumbo1 1]

and Children only qualify as C-o-R defence (extreme hardship) if Feds come after me first (?); I can't go in myself (?)

That appears to be the advice given by another VJ member, I have no idea. I also would find out if not being removed is the same as being legal. In the UK, some people are denied asylum but not forced to leave and live in a weird limbo like state where they arent forcibly removed but still cant work easily and stuff like that - i realise this is USA, so could be and is likely that it is different. Please call an expert.

[canadian_wife 1,822]

and Children only qualify as C-o-R defence (extreme hardship) if Feds come after me first (?); I can't go in myself (?)

No, you cannot turn yourself in. Getting COR is actually more difficult thank you might think, and should ONLY be considered after you've consulted a lawyer

Good luck

[belinda63 3,038]

People who are here out of status but have USC children are deported almost daily. It would be your choice as the custodian whether you would take them with you or leave them. There are parents who are incarcerated awaiting deportation hearings and thus separated from their children while they await deportation. Your children can do nothing for your immigration status until they become 21.

Again you can marry a USC (if you are legally divorced), attempt to file a VAWA, or wait for the child to petition you after they turn 21. These are your choices. Don't know why you won't accept it.

[Boiler 45,519]

I would agree with a Poster above, it seems the issue is getting a US Drivers License, all the rest is waffle.

[Sandra G. 5,048]

If you didn't divorced her you can apply for Vawa. In the event that you divorced there is a two year window in which a VAWA can be filed.

You need to find a good lawyer to help with your case. I met one person was battered 16 years ago and faced with removal but last month she had her Vawa approved by an Immigration Judge.If you can't afford to hire a lawyer then find some pro bono lawyer to file the Vawa for you.

Edited July 7, 2012 by sandranj