2012 re-authorization, Male VAWA, children VAWA

[AmyWrites 593]

Wow, sandranj, you've made this thread so informative.

[SingleDad2usc 71]

Thorough explanation! And it looks like more than 5 requirements:

(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.

[Sandra G. 5,057]

singledad in your case you need to prove

1)existence of the qualifying relationship

2)the citizenship or immigration status of the abuser

3) good faith marriage

4)battery or extreme cruelty

5)good moral character.

Some people are filing form I-360 abroad then they have to prove more stuff,lol such as previous residence in the USA, evidence that during the qualifying relationship, the petitioner and abuser resided together in the United for some unspecified period of time.Did you get it?

[SingleDad2usc 71]

why is... (8) extreme hardship ...mentioned?

[Sandra G. 5,057]

Because the individual can file Vawa based in battery or extreme cruelty or based in extreme hardship. Some people are filing form I-360 based just in extremely hardship.

Singledad everyone can file form I-360 without hiring a lawyer. Many people submitted form I-360 without a lawyer and they had the Vawa approved, but others screw up. Your situation is highly recommended to consult with an immigration lawyer with experience in VAWA or with any organization who helps victims of domestic violence.

[SingleDad2usc 71]

I'm sure that I'll end up filing thru Sanctuary/other. I'm just trying to ascertain all evidence, which is my job rather than lawyer's at any point...

This is first time we touched on filing based on EXTREME HARDSHIP. In this case, extreme cruelty NOT need proving? (then my case, which has no physical occurrence since her LPR, looks easier)

[SingleDad2usc 71]

This is very important for me to know today. I already have all evidence to file based on EXTREME HARDSHIP

[Boiler 45,940]

It is the Lawyer's job.

Your Lawyer will wish to evidence any claims made.

[Sandra G. 5,057]

singledad to file Vawa based in extreme cruelty or extreme hardship you MUST provide evidences! It is not necessary that the spouse actually physically abuse the alien spouse/children. Extreme cruelty is also a basis for proving domestic abuse,some examples of extreme cruelty: mental/ emotional/psychological abuse,threats of violence or deportation, control over the alien spouse and/or children, involuntary servitude.I heard just a few cases of Vawa cases approved based in abandonment and adultery as well.

If your lawyer decide to file form I-360 based in extremely hardship then he must prove that your removal would result in extreme hardship for you or for your children. Most lawyers use to explore hardship in the context of suspension of deportation cases. But in your case I don't believe they will approve based in hardship.USCIS when adjudicating Vawa based in hardship will consider family ties in the United States and abroad,as far I know the children relatives do not live in USA. They will consider your financial status and occupation in the USA,the economic and political conditions in the country to which you may be returned, health system the country you may return, your inability to secure adequate employment in your home country, disruption of educational opportunities. USCIS gives a lot of weight regarding lack of medical, social, and psychological services in the Country you may return. You are a Canadian Citizen then I truly believe USCIS won't allow you to stay here based just in hardship.

Edited July 17, 2012 by sandranj

[Sandra G. 5,057]

Amy I took some days off then I am here in VJ chilling out a bit.I hope singledad and others can get some answers/informations regarding Vawa reading his thread.

[SingleDad2usc 71]

Professionalism of the answers we get in this topic is VERY impressive!

Now, I'm concentrating on putting together MOSTLY OFFICIAL evidence. My understanding of USCIS memo's is that, understandably, they give OFFICIAL evidence more weight. In my case: Court Orders, police reports, ACS files, medical reports, school reports.

We heard that failure to petition for spouse and non-payment of Child Support as such both AREN'T basis for VAWA case. However, I'm considering obtaining transcript of Offender's Support Court testimony. It will officialy show:

-she was sworn in to testify truthfully

-she testified that is VOIPing from spelled out address in home country

-she testified that never had ANY legal US status, and currently barred for 10y

-she testified that never worked/never saved$ in US

Because no one was holding evidence to contrary in hand, she got case dismissed - and never allowed herself be served again. Reading this TRANSCRIPT and seeing in USCIS database that she was committing grave fraud under oath - what will USCIS officer do? My next exhibit will show be that following week, I have volunteered sworn deposition in Family Court, exposing this fraud upon Support Court and requesting Order of Protection and TCS - which was not granted because she subsequently avoided service.

Will this OFFICIAL evidence add credence to my current affidavit of her threats to me/children. This is not just about non-payment; this is about criminal insanity to create a situation, where she is now viewing me the only witness who could put her in jail. So my Affidavit claiming such is one thing - but coupled with OFFICIAL proof in hands of USCIS of clear deliberate fraud seems a different level of evidence. My lawyer may even argue that USCIS, who solely can see her immigration timeline - are current witnesses to fact of this fraud. Again, OCSE is about to forever discard her Support case - but I'm willing to help prosecution.

[Boiler 45,940]

I know what they will do, RFE asking for evidence supporting your VAWA case.

[SingleDad2usc 71]

Correct again! If I don’t spell everything out as above and include the very graphic TRANSCRIPT – they likely RFE current threat/abuse. But what if I do?

I'm not asking to convict her without trial. I'm just proving with OFFICIAL EVIDENCE that I was willing to help successful prosecution of Assault2, and willing to help prosecution of fraud. Her colorful certificate of completion of Phase I of Mental Health Court program will also show in evidence.

All this goes to Hardship. Not only that 2 USC children will lose the only parent they've had last 3000 nights - but also that she can't be prosecuted remotely

I know what they will do, RFE asking for evidence supporting your VAWA case.

[Boiler 45,940]

If this is your approach have you considered the U Visa?

[SingleDad2usc 71]

I don't know which approach is better in my case. Something to consider: the bulk of the money will not go to me, but to the government - and they're able to charge 25% of her gross retroactively 5 years!