2012 re-authorization, Male VAWA, children VAWA

[SingleDad2usc 71]

what's the burden of U-visa claim? (and any advantages over the I-360)

[Ihavequestions 419]

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.

Has she ever been convicted of this alleged fraud?

Edited July 18, 2012 by Ihavequestions

[SingleDad2usc 71]

OCSE never managed to serve her again. Every year, I would be called to make two witness appearances in the same Support Court. Every year I volunteered info: ladies and gentlemen, grave elaborate fraud was committed in this very room in 2006. It was before a different Support Magistrate and a different Prosecutor - but in this very room, where I'm called to appear twice every year! All the Prosecution says every year: we couldn't serve her using Lexis-Nexis. All my children and I get every year out of prosecution's half-hearted attempts to serve the Absent Parent is threatening phonecalls. When will this nightmare end? If you don't have the ability to affect service - then don't try it, leaving your witness exposed to convicted mental criminal. I'm asking you for order of protection - and you're telling me that all you do in this court is collect Child Support. As the only result, my family is threatened just as often as you call me here as a witness. When will this end, and why don't prosecute the fraud that you'd allowed to take place in this room?

[Boiler 45,486]

Would that not be an issue for the DA?

[SingleDad2usc 71]

What is OCSE for? what is that Court for? I tell them every year: you've been duped right on that speakerphone. Sorry, I can't run around collecting proof - will you protect me?

[Ihavequestions 419]

OCSE never managed to serve her again. Every year, I would be called to make two witness appearances in the same Support Court. Every year I volunteered info: ladies and gentlemen, grave elaborate fraud was committed in this very room in 2006. It was before a different Support Magistrate and a different Prosecutor - but in this very room, where I'm called to appear twice every year! All the Prosecution says every year: we couldn't serve her using Lexis-Nexis. All my children and I get every year out of prosecution's half-hearted attempts to serve the Absent Parent is threatening phonecalls. When will this nightmare end? If you don't have the ability to affect service - then don't try it, leaving your witness exposed to convicted mental criminal. I'm asking you for order of protection - and you're telling me that all you do in this court is collect Child Support. As the only result, my family is threatened just as often as you call me here as a witness. When will this end, and why don't prosecute the fraud that you'd allowed to take place in this room?

So the alleged fraud was never charged or convicted - even though you have brought it to the court's attention almost a dozen times?

OP, do you have reason to believe she has left New York? If so, there may be other child support collection avenues open to you.

[Boiler 45,486]

The same way ICE can not run around and deport every person out of status I am sure OSCE have to prioritise limited resources.

[Ihavequestions 419]

The same way ICE can not run around and deport every person out of status I am sure OSCE have to prioritise limited resources.

Right.

And why would the OCSE use Lexis-Nexis when it has full access to the Federal Parent Locator Service?

[SingleDad2usc 71]

Exactly: for OCSE it's numbers game. The more straight non-custodial parents allow service and show up - the more they'll collect. That one was so far from straight: she just gave up two babies "to have fun". What is she thinking today: I got a good idea of that presenting my case to this forum. 90% thought I'd leave to Canada, and some professed exactly same impression of her idol OJ Simpson - that he got away with murder, even though there were records of his threatening phonecalls!

[SingleDad2usc 71]

so back on track:

what's the burden of U-visa claim? (and any advantages over the I-360)

[Ihavequestions 419]

so back on track:

what's the burden of U-visa claim? (and any advantages over the I-360)

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1b15306f31534210VgnVCM100000082ca60aRCRD&vgnextchannel=ee1e3e4d77d73210VgnVCM100000082ca60aRCRD

Q: What Qualifies as "Criminal Activity"?

A: Qualifying criminal activity is defined as being an activity involving one or more activities that violate U.S. criminal law, including

Abduction

Abusive Sexual Contact

Blackmail

Domestic Violence

Extortion

False Imprisonment

Genital Female Mutilation

Felonious Assault

Hostage

Incest

Involuntary Servitude

Kidnapping Manslaughter

Murder

Obstruction of Justice

Peonage

Perjury

Prostitution

Rape

Sexual Assault

Sexual Exploitation

Slave Trader

Torture

Trafficking

Witness Tampering

Unlawful Criminal Restraint

Other Related Crimes

While perjury is on the list, you've repeatedly reported it to the proper authorities and, for whatever reason, they have never acted on your (multiple) reports.

I believe a U Visa would be quite a stretch.

[Sandra G. 5,047]

Single dad you don't have a case to get U visa.

[Boiler 45,486]

If he assists the Authorities in bringing to Justice a criminal?

U Visa Application: An application for the U visa is filed with Form I-918, and there are different requirements that must be satisfied before an application can be submitted. The applicant must have suffered substantial physical or mental abuse due to a criminal activity in at least one of the following categories: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage situations, peonage, false imprisonment, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.

Edited July 18, 2012 by Boiler

[SingleDad2usc 71]

it's interesting to note that the ONLY TIME the crime becomes obvious is that if I provide the 2006 TRANSCRIPT and her A# to USCIS. Only they can instantly observe the perjured TIMELINE of this obstruction of justice

[SingleDad2usc 71]

I suspect she may be guilty of another major fraud: using her own early DV complaints, which she later withdrew, not only to falsely prosecute me, but likely to request new SSN