2012 re-authorization, Male VAWA, children VAWA

[SingleDad2usc 71]

see what sandranj mentioned mid-topic

[SingleDad2usc 71]

post#80:

You do not need to have a restraining order or a police record to file Vawa! Of course it will increase your chances to have your Vawa approved but it's not mandatory!Do you have any document from Court or Psychologist or social worker stating YOUR KIDS WERE ABUSED BY THEIR MOTHER? if yes you have a chance to have your Vawa approved because the Vawa Law states if you have a child with the US Citizen or LPR who was abused by her you are elegible for Vawa.

Did the Court issue a "Termination of Parental Rights"? If you don't have yet maybe you should file "Involuntary termination of Absent Mother's Parental Rights".

[Ihavequestions 419]

Not that I know of.

There is a VAWA category for the parent of a citizen who was abused by a LPR/USC, meaning the child was abused.

Not neglected and not abandoned. Abused.

The OP would be hard pressed to prove abuse with a coinciding revocation of parental rights on the basis of abandonment, but whatever.

[SingleDad2usc 71]

Sandranj nailed it: I was poorly prepared on VAWA possibilities, going into next week's ACS conference. They love status-quo. I thought I'd ask for their help to file Order of Protection, when I get a new threatening call. That was a wrong idea, I need nothing to wait for any more. Just imagine:

A conference of 9 years ago transcript:

Mother took subject children to precinct. "I don't want these children. I want to move in with my boyfriend and have fun". Children are 2 and .5 years of age, respectively.

Conferences in 2007-2011: absent Mother should be paying Child Support. They even claimed to know her new address in 2010 - now they can't find it. They still have a case in her name 9 years after she gave up children in my absense - and they never suggested "Termination of Rights" should be filed.

In the meantime, children continue attending with psychologist they referred - besides all of the other medical appointments and emergencies. What do you think the 9y.o.-11y.o's talk to each other about? 50% of marriages break up. All I hear from my daughter is her friends' moms preach how dad is late on child support. But at least dad takes them places every weekend, buys them Jordans and I-phones - which does more for kids happiness than any money. Those kids still have two parents showing them love every week. What can my daughter say to her peers: she knows that Mother has been hiding from Child Support authorities, never paid any money, never bought anything for them, never asked to even see them or speak on the phone. She sees pictures of 10 years ago, being held by a beautiful stylish young woman - and she wants to be just like her. But she can't even tell anything to her friends, she has no excuse to put forward for her mom. That even backlashes on me: her friends look weird at me, further damaging my daughter's self-image. And that mother is still the mother to date - although ACS says I have done a superb job, and just monitor that all of the medical needs are met.

Let me ask you again: how will the beaurocrats resolve this family? I believe VAWA is discretionary, at least in current version. May something in new version hurt my application?

[Bumbo1 1]

As I understand it, Sandranj believes you may have a case if you can prove (with evidence) the following:

1. You were married less than 2 years ago or that you are still married to LPR/USC

2. You had a genuine relationship with your ex/spouse.(Children are not evidence alone of this, even straight foward cases have to provide more evidence than just children, but i'm sure you have other things)

3. You resided together (joint bank accounts, leases, utility bills, mail to same address)

4. You are still married (provide evidence from a NATIONWIDE search)

5. Proof (from you) that she is an LPR/USC, as Sandranj said the burden of proof is yours, and while they "may" perform a search based on the A-number, bear in mind this is a minimum requirement, should they choose not to search for this on your behalf (given the law clearly states the burden of proof is on you) they could deny your case at first look - no discreation need be applied when it comes to the minimum criteria. It's after this fact that you are hoping they use their discreation to view you/your children as past and current victims based on that evidence.

5. You and/or your children were abused and now continue to be abused by the LPR - its seems evidence of ongoing abuse is required, more than your word. Does an Order of Protection prove you/children are being threatened? or just that you "feel" threatened?

6. You are a person of good character - I understand you have stuff to show here

7. Affidavits confirming your relationship and then the abuse towards you/children

8. Extreme hardhsip - I understand this is easily proven given your children's mental & physical health needs.

1 - 4 are the minimum you need to provide initially to establish your case. For example: when I applied to Remove Conditions on my greencard, the minimum I needed to send originally was the form, the fee, and a copy of my greencard for it to be accepted (not approved). I still had to provide evidence of our relationship over the last 2 years, but this is for them to decide my case not for initial acceptance. Naturally we all just send what we have all is one go to avoid RFE's or any issues. Should they be unable to accept the application at the initial stage due to the lack of suitable evidence, you are on their radar. Spare no expense to give them exactly what Sandranj has suggested/ Sanctuary ask for. Too much is riding on this for you and your family. Do not get over confident, as an immigration consultant I have seen this time and time again. People provide what they believe is good enough, not what they are asked for provide in the format in which they are asked to provide it, and their case is denied for it.

As you may recall from my response to previous topics, the burden of proof is on you, but the IO gets to decide whether the proof you provide is good enough. Just because you give them something you think is enough proof does not mean they will accept it (A-number being my case in point)

You must provide good evidence of all these things. While having alot of evidence of extreme hardship helps, having most hearsay or your account of ongoing abuse (not past abuse, as this is substantial but prior to hear LPR status) will not be outweighed. As has been said, the extreme hardship factos may only be your strongest argument when case is looked at from a COR perspective. If I have missed anything, let me know.

Edited July 15, 2012 by Bumbo1

[SingleDad2usc 71]

I think they'll accept A-number, if Sanctuary can't help me get any other paper. If my lawyer can't, then it means to me that only IO can see her status. All other papers are easy.

What my Affidavit will ask IO to believe is clear and present danger to me and children. I'm not asking IO to convict Offender, or even to grant Order of Protection against her. I'm just asking IO to believe that based on previous DV record, psychiatric record and elaborate OCSE fraud (which I exposed in my sworn Family Court petition) - there is credible current abuse/threat. Look at what OJ Simpson got away with, and he didn't even have previous Assault2 conviction...

I think most members here agree that Offender's actions re: children were grave enough in 2003, when children were 2 and .5 respectively - and she went on record: "I don't want these children". What's different now, when they are 11 and 9.5, if ACS considers the situation grave enough to now file "Involuntary termination of Absent Mother's Parental Rights"?

[Sandra G. 5,057]

Single dad you need to go to some organization who helps victims of domestic violence and they can see your file about child abuse and they will be able to tell if you have a Vawa case or not. There is HUGE difference between a bad mother and an abuser. Single dad failure to pay child support is NOT ground for Vawa.I told several times you need to prove your kids were ABUSED by their mother(mental or physical abuse ). To prove mental abuse the kids must suffered verbal abuse, intimidation, isolation, possessiveness,control or diminution of equality of life,mental harm. Regarding neglected or abandoned children there is a provision in the Law for that called "Immigrant Juvenile Status (SIJS)". IT'S NOT YOUR CASE!. It provides lawful permanent residency TO CHILDREN who are under the jurisdiction of a juvenile court and who will not be reunified with their parents due to abuse, neglect or abandonment.The Vawa is very clear you must to prove mental/psychological or physical abuse, and in your case child abandonment is NOT GROUND for Vawa.

Boiler Vawa Law states a person who is the non-abusive parent of a UCS,LPR or illegal alien who is or was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent is eligible for Vawa. The parent herself/himself need not be abused.I had several Vawa cases approved where the US Citizen children were abused and not the parent (illegal aliens).

If you prove the abuse startED when she had her asylum granted and continued when she became an LPR you have a good chance to have your Vawa approved.

Edited July 15, 2012 by sandranj

[Sandra G. 5,057]

BUMBO1 you did a great job summarizing everything what I said regarding Vawa and his case. But the children or him do not need continue to be abused by the LPR or Citizen. It's not necessary to prove ongoing abuse.

Edited July 15, 2012 by sandranj

[Boiler 45,940]

Boiler Vawa Law states a person who is the non-abusive parent of a UCS,LPR or illegal alien who is or was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent is eligible for Vawa. The parent herself/himself need not be abused.I had several Vawa cases approved where the US Citizen children were abused and not the parent (illegal aliens).

Not applicable in this case, but interesting to know.

[Ihavequestions 419]

Not applicable in this case, but interesting to know.

I believe the OP has chosen to approach from the parent of a/n abused USC child/ren by an LPR/USC parent standpoint.

Or no?

[Sandra G. 5,057]

Single dad contact Sanctuary for families but if they can't represent you try Safe Verizon they have GREAT pro bono lawyers as well.

http://www.safehorizon.org/

[Sandra G. 5,057]

Ihavequestion you nailed it!

[Sandra G. 5,057]

single dad I ask you permission to post something here.We have several cases in the visa journey of alleged abused people. There is one guy here in the VJ who was victim of mental abuse.I told him some stuff that I told you as well. Read please the letter he got from USCIS today (he is in Australia waiting to return to USA) and you can have an idea what I am talking about Vawa.

My message:

Young Seatle I don't know your case but any Vawa to be approved you MUST have extensive proof of the abused suffered, if you suffered mental/psychological abuse you need to prove you suffered intimidation, controlling,coercion, possessiveness or threats.If you were victim of physical abuse you need to show them some restraining order,police record,pictures of the violence suffered. It helps if you have documents from hospital,shelter and counselor in case of physical abuse.

Submitting and extensive/detailed affidavit IS NOT ENOUGH. The affidavit of course is necessary but the individual must show EVIDENCES.

HIS ANSWER TODAY:

Hi sandranj:

thanks for your help, I think you are right, today I received my Notice of Action letter from VSC, they said I have to answer it before Sep23nd, they ask me everything, including:

1: my wife's US birth certificate which I mailed it to NBC last May,

2:me and my wife's joint bank account, lease agreemet, joint property, joint bills, joint tax return, I mailed this to them before,

3: my extremely abused evidence, I only have mental doctor's medical report for my prescription drug and my I-693 medicl checkout report, so do my psychology test report from Seattle threapy. Police report and my shelter record, which I didnot have it, so i have to answer it honestly.

4: Good moral evidence: my non-criminal record from Seattle and my home country, my Six US citizen reference who knew my wife's drug habits.

I mail VSC all the evidence I can find today by express mail, it will take 5 days to delivery, after VSC received my letter they will make decision for my US travel documents and my Vawa result in 14 days, oh my God, never been so nervous! just hope my evidences can meet VSC minimum requirement for VAWA approve.

God bless you all! God bless American! enjoy your day in the state!I mean it, I have never been back Seattle for the past 18 months.

[Bumbo1 1]

BUMBO1 you did a great job summarizing everything what I said regarding Vawa and his case. But the children or him do not need continue to be abused by the LPR or Citizen. It's not necessary to prove ongoing abuse.

Thanks Sandranj! Good to know. I was concerned with the fact that the abuse occured before offender was LPR so I was unsure whether the threat would still need to be more recent to make the case stronger/valid. But I, of course, trust in your expertise. As a former UK imm consultant I know how frustrating it is when experienced advice is ignored or dimissed (singledad2usc this is not aimed at you )

Also, do you believe A-number in and of itself is good enough to proceed on? Just curious, as I based on my readings of what is required this might not be enough.

[Ihavequestions 419]

Ihavequestion you nailed it!

From that perspective, is it only necessary, from a relationship standpoint, that the father of two citizens only need provide proof of paternity and not marriage/divorce?