2012 re-authorization, Male VAWA, children VAWA

[Sandra G. 5,048]

Ontarkie I didn't post any private message between myself and a VJ member. What I posted he said in the thread VAWA Part 2-page 175.

[SingleDad2usc 71]

"To prove mental abuse the kids must suffered verbal abuse, intimidation, isolation, possessiveness,control or diminution of equality of life,mental harm."

The first thing mentioned by all medical professionals at intake was: children who are deprived of stable parenthood in the first/second year of their life often suffer "attachment disorder". My 9 y.o. son is still just as likely to go with someone/relate to someone who is not his family, who is a stranger. You can imagine the everyday danger this presents. Plus, he could never make friends/play with peers - he favors playing with either babies or adults. He doesn't appreciate danger: he gets up on ledges, stands on yellow subway platform, runs suddenly across road, wields kitchen knives...

Has Offender deprived him of stable parenthood? Not only would she not feed the newborn, she would also not house him, or allow other caretakers to be at the house. She waffled between asking ACS to return children and then giving them up yet again, between wanting to live with her Husband and not wanting him to be at the house, or leaving the house.

Then there is a question whether mental abuse continued in the years since 2007, presumably when she finally adjusted from Asylee to LPR. Look, when a child in his circumstances picks up the phone - and recognizes mother's voice - but she asks nothing else but to hand the phone to father, and then father receives the next threat - is there mental abuse of both the child and the father? Keeping in mind that the threats are credible, given Offender's mental health record, DV record, criminal record, elaborate OCSE fraud - where father appears the only witness... Again, when OJ Simpson was making calls like that - was the whole Nicole Simpson's family abused? Even if he never said anything bad to children

Edited July 16, 2012 by SingleDad2usc

[Ihavequestions 419]

What, exactly, does she say in these threatening phone calls?

ETA: OJ was acquitted.

Edited July 16, 2012 by Ihavequestions

[Bumbo1 1]

"To prove mental abuse the kids must suffered verbal abuse, intimidation, isolation, possessiveness,control or diminution of equality of life,mental harm."

The first thing mentioned by all medical professionals at intake was: children who are deprived of stable parenthood in the first/second year of their life often suffer "attachment disorder". My 9 y.o. son is still just as likely to go with someone/relate to someone who is not his family, who is a stranger. You can imagine the everyday danger this presents. Plus, he could never make friends/play with peers - he favors playing with either babies or adults. He doesn't appreciate danger: he gets up on ledges, stands on yellow subway platform, runs suddenly across road, wields kitchen knives...

Has Offender deprived him of stable parenthood? Not only would she not feed the newborn, she would also not house him, or allow other caretakers to be at the house. She waffled between asking ACS to return children and then giving them up yet again, between wanting to live with her Husband and not wanting him to be at the house, or leaving the house.

Then there is a question whether mental abuse continued in the years since 2007, presumably when she finally adjusted from Asylee to LPR. Look, when a child in his circumstances picks up the phone - and recognizes mother's voice - but she asks nothing else but to hand the phone to father, and then father receives the next threat - is there mental abuse of both the child and the father? Keeping in mind that the threats are credible, given Offender's mental health record, DV record, criminal record, elaborate OCSE fraud - where father appears the only witness... Again, when OJ Simpson was making calls like that - was the whole Nicole Simpson's family abused? Even if he never said anything bad to children

I'm sure most of us would agree that you and your children have been through alot at the hands of this woman, but its all about what you can prove. Absolutely you feel you have a strong case based on what you've experienced. But those 2007 onward phone calls may be hard to prove since you said the number is witheld and sometimes its someone acting on her behalf. I'm not sure whether your child/rens current mental health, as a result of the pre-LPR abuse, is valid for your VAWA application, unless subsequent abuse since LPR status can be shown. If you follow me?

Everything that happened to your children prior to LPR status you can prove, which will help show a pattern of abuse and help back up evidence you present regarding any "battery or extreme cruelty" that occured once she was an LPR. But you must have this proof, I think an application that relies soley on your testimony that you and your children receive threatening calls may not be enough.

How often does she call? Would it be legal for singledad2usc to record these? - would this be proof? - i'm grasping at straws here, as I'm concerned you may not be able to provide the type of evidence required (afterall, this is what matters, not what you deem extreme cruelty but what the USCIS will accept as such).

(and i really dont think the Oj thing is helping you, and I sure wouldnt put him in my counter argument - but I guess this comes more out of your frustration).

[SingleDad2usc 71]

Her favorite line, which I heard regularly, was: "if you ever do or say anything that's not in my interests, there will be dire occurrences for either you or the children, and I will not specify which"

[SingleDad2usc 71]

She was fascinated reading and watching about OJ Simpson. Just like the poster above, she mistakenly believed that OJ totally got away with it. Here is from ACS separate interviews with us (following her false 911 call, first child removal and order of protection against me, which she immediately appealed):

"Mr.X stated that all his wife did on Fri was a show for attention. he stated that she has a very masculine character. He stated that his wife apparently needed even more romance than he has been giving her. He stated that his wife never wanted to be separated with the baby, she just wanted to make him feel sorry. He stated that in Germany there are family centers where a woman can talk to another woman or counselor about problems that she may be having. He stated that his wife doesn't know the system very well, and had a false idea of what would really happen when she made up such a story".

"Mrs.X stated that she didn't expect such huge response when she called 911. She stated that six to twelve police officers were there along with paramedics. She was taken to xxHospital and seen by a psychiatrist and SW. She stated that she was coersed by the Social Worker to say that she was experincing DV in her home, after the police told her that if she was really not in danger then she would be in serious trouble, like facing jail. She stated that she was stupid and it was very bad on her part for making up a story like that. Mrs.X also stated that she has a more domineering nature than her husband, and does not suffer from any physical, emotional, or verbal abuse. She said "Are you kidding me"

concluding

"Mr.&Mrs.X appear to have a good relationship. They appear to love each other"...

"P.O. X works @X precinct. Stated that Mrs.X tried to give the baby to the first officer responded. Stated that Mrs.X told him and the other officers that she found the baby in a laundry room. Super pulled the officers to the side and told them that baby belonged to Mrs.X. Then she stated that her husband left her. One of the officers that was with him told him that she may be emotionally disturbed, because she pulled the same stunt @the Y precinct."

[Sandra G. 5,048]

Singled dad I suggest you get an evaluation of your children's mental condition and get a current letter from a psychologist or psychiatrist stating the diagnosis, characteristics of the problem/disorder, medication, what she believes the kids suffered in the past. Due privacy/confidentiality between psychologist-patient relationship they use not to write specific diagnosis to others, but they can release diagnosis using DMV codes like for example Axis I : 309.81 Post-traumautic stress disorder,309.28 Adjustment disorder with mixed Anxiety and Depressed Mood, Axis IV: Severe problems with primary support Group, Axis V: 58. etc... and then your lawyer or you have to extract from the DSM (Diagnostic and Statistic Manual of Mental Disorders) a brief explanation about the codes and send to USCIS along with the psychologist letter, and then the adjudicator will be able to understand the diagnosis and the meaning of the codes.

A few months ago I submitted form I-360 regarding one case of mental abuse and the psychologist gave a letter and specified seven codes. I extracted the codes from the DMV then I used google search to find the explanations about the DMV codes. I sent 44 pages to Immigration and the case was approved.

[Sandra G. 5,048]

Singled dad I suggest you get an evaluation of your children's mental condition and get a current letter from a psychologist or psychiatrist stating the diagnosis, characteristics of the problem/disorder, medication, what she believes the kids suffered in the past. Due privacy/confidentiality between psychologist-patient relationship they use not to write specific diagnosis to others, but they can release diagnosis using DMV codes like for example Axis I : 309.81 Post-traumautic stress disorder,309.28 Adjustment disorder with mixed Anxiety and Depressed Mood, Axis IV: Severe problems with primary support Group, Axis V: 58. etc... and then your lawyer or you have to extract from the DSM (Diagnostic and Statistic Manual of Mental Disorders) a brief explanation about the codes and send to USCIS along with the psychologist letter, and then the adjudicator will be able to understand the diagnosis and the meaning of the codes.

A few months ago I submitted form I-360 regarding one case of mental abuse and the psychologist gave a letter and specified seven codes. I extracted the codes from the DMV then I used google search to find the explanations about the DMV codes. I sent 44 pages to Immigration just explaining the codes and the case was approved.

Edited July 16, 2012 by sandranj

[SingleDad2usc 71]

Sandranj, that's tremendous work - I don't know how you do it!!

I intend to push ACS to task. The original Family Court order said: "Father to sumbit to ACS supervision to verify: a)means of support. b)legal residence. c)health care. d)day care. e)that children's needs are being met, i.e. medical and educational

Over the 8 years, I've made ACS comply fully - except LEGAL.

[SingleDad2usc 71]

Documentary Requirements

Your memorandum also raises the question of what evidence rises to the level of "credible

evidence." Generally primary or secondary evidence must be submitted with an immigrant visa

petition. See 8 CFR 204.1. However, that section allows the battered spouse or child selfpetitioner

to submit "any credible evidence" and does not require that the alien demonstrate the

unavailability of primary or secondary evidence. This requirement stems from section

204(a)(1)(H) of the Act, which requires the Service to consider "any credible evidence which is

relevant to the petition" before reaching a decision. A self-petition may not be denied for failure to

submit particular evidence. It may only be denied on evidentiary grounds if the evidence that was

submitted is not credible or otherwise fails to establish eligibility. It is within the Service's sole

discretion to determine what evidence is credible and to determine what weight to give that

evidence.

WESTLAW DOCUMENT

The determination of what evidence is credible is one that must be made

by the adjudicating officer on a case-by-case basis. Frequently evidence that is credible in one

setting will not be so in another. Evidence may be credible or incredible on either an internal or

external basis. Evidence that is inconsistent with the other elements of the case or other evidence

in the case is internally incredible. Evidence that does not conform to external facts, such as

information contained in Service databases, is externally incredible. Adjudicators should carefully

review evidence in both these regards before making a credibility determination. Much like the

determination of extreme hardship, the determination of whether evidence is credible will often be

a function of other elements of the case. For example, inconsistencies may accumulate so as to

render the evidence submitted not credible. In other cases, apparent inconsistencies may

disappear upon more careful examination and comparison with other evidence submitted.

Some general principles are applicable in making a credibility determination. The preamble to the

Service's interim rule implementing the VAWA states that "more weight will be given to primary

evidence and evidence provided in court documents, medical reports, police reports, and other

official documents ... self petitioners who submit affidavits are urged, but not required, to provide

affidavits from more than one person. Other forms of documentary evidence may be submitted,

including evidence... not ...identified in the Service's regulations." Petition to Classify Alien as

Immediate Relative of a United States Citizen or as a Preference Immigrant; Self-Petitioning for

Certain Battered or Abused spouses and Children, 61 F.R. 13061 (1996). This principle

recognizes the fact that battered spouse and child self-petitioners are not likely to have access to

the range of documents available to the ordinary visa petitioner for a variety of reasons. Many

self- petitioners have been forced to flee from their abusive spouse and do not have access to

critical documents for that reason. Some abusive spouses may destroy documents in an attempt

to prevent the self-petitioner from successfully filing. Other self-petitioners may be self-petitioning

without the abusive spouse's knowledge or consent and are unable to obtain documents for that

reason. Adjudicators should be aware of these issues and should evaluate the evidence

submitted in that light. Adjudicators should be sure to give the self-petitioner ample opportunity to

add to the evidence submitted in support of the petition if necessary. As in the discussion of

extreme hardship above, no scorecard can be provided to reach a conclusion that evidence in a

particular case is credible. Each adjudicator must make that determination in each case based on

the facts and circumstances of that case only, taking into account the limitations that pertain to

battered spouse and child self-petitioners.

[SingleDad2usc 71]

I'm not familiar with I-360 or the way it's submitted. Do I specify if I'm claiming abuse against me OR children OR both?

Also, the MEMO emphasized Court, Police, Medical docs over current Affidavits. Does the entire ACS file (hundreds of pages, over 10 years) qualify as Primary evidence? In preparation to a fair hearing on homemaking services, which I won in 2011, I've managed to have ACS legal offices release to me the entire file!! (they did spend half-a-day blocking informants' names with black marker - so some pages are like 30-50% blocked)

[Boiler 45,520]

All very good questions for your legal team.

[SingleDad2usc 71]

I'm trying to prepare for ACS conference. It may be important that ACS records particular text, which will become official.

Right now, I'm in a sweet spot with ACS - the workers seem to be happy that I have won two fair hearings against their offices. They are pushed from above to close cases left and right due to budget pressures - but they stopped being my adversary, since ACS lost fair hearings. Now they just complement me, and really do what family needs.

I'm thinking to prepare the ground during their regular visits, so they themselves set the conference agenda for the first time ever to focus on LEGAL issues. Then the transcripts will demonstrate THEIR current concern about the Offender, and THEIR concern that I've never self-petitioned for legalization

[Sandra G. 5,048]

Singledad I submitted many times to USCIS 300 500,700 pages in Vawa cases. Who will handle your case will send to USCIS just relevant documents to Vawa. If you have proof that you were abused you can claim the children abuse and your abuse as well. You need to have someone representing you and they will choose which path to follow within your Vawa case.

One thing is MANDATORY when filing Vawa based in mental/psychological abuse, you MUST submit psychological reports/evaluation(old and new) otherwise you will get and RFE asking for that.

Edited July 16, 2012 by sandranj

[Boiler 45,520]

I may have missed it, but do you have any psychological reports/evaluations.