2012 re-authorization, Male VAWA, children VAWA

[37shells 5]

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.

Hi Sandranj, thanks for the time you spend sharing your knowledge and experience here. I have a question re psychological reports. I recently filed VAWA by myself and I am still stuck with my abusive spouse who has never filed papers for me over 10 years. I am housebound - i have children and nowhere to go until I can get EAD and an escape plan - I know I have a long and excruciating wait ahead of me before a decision on my case. My affidavit was approx. 50 pages and I feel like i did not even scratch the surface of what he has put me and children through. He is a sociopath - i do have a copy of diagnosis showing him as having antisocial personality disorder (evidence of being a sociopath) and delusional features. I have been to hell and back and cannot even leave to see a psychologist or get help or support. Anyway, without going too much into all of that, my question is, as I think the OP might also be questioning, is can official evidence of the abusive spouse's mental state given weight/credibility with USCIS when the victims psychological report is unavailable because the victim cannot get help?

OP - I empathize with all you are going through and really wish you and your children the best.

[SingleDad2usc 71]

isn't your affidavit limited to 7 page maximum?

[SingleDad2usc 71]

Thanks, You guys are my Legal Team for a few weeks, until I get everything in hand for Sanctuary/other. I see no reason to go there until ACS refers me.

I've had hundreds appointments/emergencies for children, but I haven't had any medical (incl. psychological) appointments for myself - never had insurance. I guess my psychological evaluation is another item to try ACS to refer me to. Until now, I've never asked ACS anything for myself

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

[Boiler 45,940]

What would ACS have to do with it, your Legal advisor's should be able to recommend some one suitable.

[SingleDad2usc 71]

1. ACS can refer to free specialist

2. I will not have any Legal advisor for a few weeks. I'm putting together all documentation I can and preparing to prompt the preventive workers as best as I can toward ACS conference. I think it will be better if ASC 2012 conference agenda reads that ACS raised concerns over the mother, and will file for "Termination of Rights". Also, that ACS referred me to Sanctuary for self-petitioning

What would ACS have to do with it, your Legal advisor's should be able to recommend some one suitable.

[Sandra G. 5,057]

As I said before read the threat Vawa Part 2 pages 175 and you will see one case where the guy filed vawa based in abuse, he sent some psychological report and got an RFE from Immigration yesterday asking more things about the abuse.

Edited July 17, 2012 by sandranj

[SingleDad2usc 71]

Thank again Sandranj, I now understand I can't file until I've started going to a psychi/psycho.

Also thanks for referring to 98' memo:

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.

Besides all previous court orders, I'm seriously considering making the entire 10 years of ACS files available to Sanctuary. And definitely go to Family Court for "Mother's Termination". I’m no lawyer, but I suspect that when granted, Court may also grant Order of Protection for either me or the children

[Sandra G. 5,057]

You know many people think shelter is a horrible place, but most of the shelters for victims of domestic violence are well furnished, have tv,internet. There is one girl here in the visa journey she posted something here a few weeks ago saying " We are in the shelter, we have everything here, well at least more than I had in my house".

[SingleDad2usc 71]

Over the years, I've participated in parental classes/groups, some mandated and some not. Alas, no one could ever find a dad's group in my borough. So I've heard out many mothers, and I can't recall any wanting to swap long-term house for shelter. It would be commendable of 37shells

[SingleDad2usc 71]

It would be rewarding to hear the evidence of 37shells. She says she never separated, went for counseling. It doesn't sound like she ever had any court order, or police report. She doesn't say she's represented. How would she be granted?

[SingleDad2usc 71]

It sound like the only OFFICIAL evidence is that husband never petitioned for 37shells. Is that enough?

[Sandra G. 5,057]

To file Vawa the individual needs to prove ABUSE mental/psychological or physical.I am not taking about her specific case, but answering your question singledad just failure to sponsor an alien spouse is not ground for Vawa.

[SingleDad2usc 71]

Indeed...She only mentions her 50 page Affidavit; I'm sure there are other Affidavits. But NO official evidence? Is prima facie pretty automatic if 5 qualifications are submitted?

[SingleDad2usc 71]

kindly update here if there is any voting shift in the House on VAWA Re-authorization. If not, we just should assume Obama veto and no change till Nov elections

[Sandra G. 5,057]

Singedad I never saw one single case approved without meeting all five requirements.It doesn't mean because someone gets prima facie the case will be approved, there are several cases USCIS denied the I-360 even with prima facie approved. Prima facie notice is intended solely for the purpose of the individual apply for public benefit. The first time the adjudicators touch your case, to issue a prima facie or not, they are looking to find five requirements.USCIS will evaluate the petition and the evidence submitted in support of the petition to determine if the alien has established a prima facie case. Once a prima facie determination is made, the case will proceed to review. The prima facie evaluation will consist of an initial review of the Form I-360 and the supporting documentation.

There is a memorandum from USCIS stating:

"....Without standards, determinations could be made inconsistently and with varying constancy to Congressional intent, which would be detrimental to the purpose of the statute and to the individual petitioner trying to meet it. This interim rule explains the standards to be utilized by the Service in determining whether the petitioner has established a prima facie case".

Requirements for Demonstrating a Prima Facie Case

The prima facie determination will be made only after a self-petition has been filed with the Service, and the decision to issue that Notice of Prima Facie Case (Notice) rests solely with the Service. In evaluating whether a self-petitioner has established a prima facie case, the Service must have evidence of each of the required elements of the self-petition as detailed in Service regulations at § 204.2©(1) and (e)(1). Accordingly, self-petitioners should submit Form I-360 and credible relevant evidence in support of the petition addressing each of the statutory elements as detailed in the instructions accompanying Form I-360: (1) existence of the qualifying relationship; (2) the citizenship or immigration status of the abuser; (3) the self-petitioner's eligibility for immigrant classification; (4) residence in the United States; (5) evidence that, during the qualifying relationship, the petitioner and abuser resided together in the United for some unspecified period of time; (6) battery or extreme cruelty ; (7) good moral character; (8) extreme hardship; and (9) in the case of a self-petitioning spouse, good faith marriage. The elements and evidentiary requirements are set forth in 8 CFR § 204.2©(1) and (e)(1).