2012 re-authorization, Male VAWA, children VAWA

[SingleDad2usc 71]

I so deliereply appreciate.

I'm sure your hunch is right: prosecution of fraud NOW wouldn't fall under U. Too bad for the government, as she was proudly announcing by 2006 she was making 35k. 25% of that for 5 years retroactively is not chump change - but not easy to pursue, either. Popular opinion appears that her crime paid - and you advised earlier I don't even bring this to Sanctuary's lawyer. I must stay efficient with Immigration Law approach

To qualify to obtain U visa YOU,not your US citizens,must be the victim of a violent crime. The mental abuse the indivual suffered MUST BE RELATED WITH VIOLENT CRIME. Cases of extortion,blackmail must be related with a violent crime as well. There are just 10.000 available per year. You don't have a case to file U visa.

[AmyWrites 593]

I hope, btw, that other single fathers or single parents forgive my honesty: single parenthood sucks. It shouldn't exist. I would never wish myself or anyone else to be put into these circumstances. I've had no problem romancing before starting a family; but since becoming the sole custodian of my two kids - no woman that caught my eye wanted to ever consider serious relationship. Moreover that Jr has so many issues...

Male VAWA/children VAWA are much more complex than typical VAWA. Men appear to be judged for mere attempt to seek LEGAL solution. Like I was just thouhtfully and somewhat rightfully advised: just give it up! To hell with OFFICIAL EVIDENCE, justice, best for society/community and innocent children. Just let the children fend for themselves, let fraud and violence win, and let the beaurocrats rejoice with status-quo. It's too hard to win changes

Your case is only atypical because people who file for VAWA tend to have much more evidence, and you know, RECENT abuse and so on, than you. Worst thing you've got is blackmailing which you can't prove and if you changed your number you'd get rid of it. Best thing you might have is some sort of medical report of your children's mental anguish over this. Read about other VAWA filers here....

[SingleDad2usc 71]

extremely appreciate your time/effort, and I hope it helps somebody to educate themselves on Child Support.

I will not pursue. I have to figure out the most efficient VAWA strategy and get the DV center all OFFICIAL EVIDENCE that's relevant. I estimate I still have a couple of weeks to brainstorm before I'm referred to psychologist and lawyers

Google and read the following:

Child Support Recovery Act of 1992

Deadbeat Parents Punishment Act of 1998

Federal law 18 U.S.C. 228

Project Save Our Children (PSOC)

If you have questions, send me a private message as I don't want this thread to go off topic.

[resignedtoinswhim 8]

I hope, btw, that other single fathers or single parents forgive my honesty: single parenthood sucks. It shouldn't exist. I would never wish myself or anyone else to be put into these circumstances. I've had no problem romancing before starting a family; but since becoming the sole custodian of my two kids - no woman that caught my eye wanted to ever consider serious relationship. Moreover that Jr has so many issues...

Male VAWA/children VAWA are much more complex than typical VAWA. Men appear to be judged for mere attempt to seek LEGAL solution. Like I was just thouhtfully and somewhat rightfully advised: just give it up! To hell with OFFICIAL EVIDENCE, justice, best for society/community and innocent children. Just let the children fend for themselves, let fraud and violence win, and let the beaurocrats rejoice with status-quo. It's too hard to win changes

You may be eligible for U visa. As far as I know there is no statue how long ago the criminal activity happened that you were a victim of. But consult with a good attorney. For U visa you need certification of fedral, state or government agency that you were helpful in the investigation on past criminal activity or you would/likely be helpful for investigators . You can collect evidence of threats etc as an ongoing criminal activity (under supervision of a good criminal lawyer) that you are a victim of and suffering ongoing extreme mental abuse. Again certification from agencies would be needed for this too.

For VAWA you run into problem of bonafide marrigage to LPR/USC within 2 years of application of VAWA petition. Your bonafide marriage ended more than 2 years ago. You have been separated (even if not divorced) for years and haven't had a bonafide marriage to this person in years. You should consult a good attorney on this. Also you would need some evidence that your wife/ex wife is LPR or USC at the time of filing the VAWA application (A# may be sufficient). Your wife/exwife's LPR or USC requirement is not required when the abuse happened or how long ago the abuse happened as long as the abuse happended in USA. She may acquire LPR/USC after abuse and should be LPR/USC at the time of filing the VAWA application.

If I were you I would have considered relocating to Canada or my home counrty and remove not only kids but myself from all this mess and have the ability be able to legally work and live freely? I would have gotten a legal dissolution and apply for sole custody of children. Given the facts of custody I feel courts would be willing to grant kids relocation to another country with you.

Edited July 18, 2012 by resignedtoinswhim

[SingleDad2usc 71]

Let's take this in the order of importance:

1. Nobody's leaving. Nobody will be hiding from anyone. The only person hiding will continue to be the Offender, until she's found - and she will go to jail.

2. Please site immigration statute that says separation for 9 years disqualifies me from VAWA.

3. Please site statute that says Offender didn't have to be LPR when abused happened, as long as happened in US.

4. Family Court issued Final Order of Custody to me in 2005, on Mother's default.

5. Yes, I was helpful to convict her of Assault2 in 2003, when she was just Asylee Granted. Yes, I'm willing now, when she's LPR/possibly USC, to help prosecution of fraud and/or mental abuse. "may be eligible for U"?

You may be eligible for U visa. As far as I know there is no statue how long ago the criminal activity happened that you were a victim of. But consult with a good attorney. For U visa you need certification of fedral, state or government agency that you were helpful in the investigation on past criminal activity or you would/likely be helpful for investigators . You can collect evidence of threats etc as an ongoing criminal activity (under supervision of a good criminal lawyer) that you are a victim of and suffering ongoing extreme mental abuse. Again certification from agencies would be needed for this too.

For VAWA you run into problem of bonafide marrigage to LPR/USC within 2 years of application of VAWA petition. Your bonafide marriage ended more than 2 years ago. You have been separated (even if not divorced) for years and haven't had a bonafide marriage to this person in years. You should consult a good attorney on this. Also you would need some evidence that your wife/ex wife is LPR or USC at the time of filing the VAWA application (A# may be sufficient). Your wife/exwife's LPR or USC requirement is not required when the abuse happened or how long ago the abuse happened as long as the abuse happended in USA. She may acquire LPR/USC after abuse and should be LPR/USC at the time of filing the VAWA application.

If I were you I would have considered relocating to Canada or my home counrty and remove not only kids but myself from all this mess and have the ability be able to legally work and live freely? I would have gotten a legal dissolution and apply for sole custody of children. Given the facts of custody I feel courts would be willing to grant kids relocation to another country with you.

[resignedtoinswhim 8]

Let's take this in the order of importance:

1. Nobody's leaving. Nobody will be hiding from anyone. The only person hiding will continue to be the Offender, until she's found - and she will go to jail.

2. Please site immigration statute that says separation for 9 years disqualifies me from VAWA.

3. Please site statute that says Offender didn't have to be LPR when abused happened, as long as happened in US.

4. Family Court issued Final Order of Custody to me in 2005, on Mother's default.

5. Yes, I was helpful to convict her of Assault2 in 2003, when she was just Asylee Granted. Yes, I'm willing now, when she's LPR/possibly USC, to help prosecution of fraud and/or mental abuse. "may be eligible for U"?

1. I didn't tell you to hide. Please don't try to mis-represent my post.

2.I have asked you to consult a good attroney. A sepration of 9 years with no marital ties "may be" viewed as termination of marital relationship in the eyes of USCIS (again CONSULT A GOOD ATTORNEY on this specific issue).

3. This is my understanding of the law. Again consult a good lawyer.

5. For U visa too consult with a good attorney if you are eligible or not. I can't tell you if you are eligible or not. Without certification from appropriate authority you "will" not be eligible for U visa. Is fedral/state/government agencies willing to provide you with a certification? Do you have "proof" that due to these criminal activities you suffered extreme mental and physical abuse? (again consult a good lawyer and ask him/her these questions).

6. last but not least. Blasting at me is not going to help u in any way. I won't be available to comment on this thread anymore.

[SingleDad2usc 71]

I wasn't blasting at all. I'm grateful for all posts, including opposite opinions. The only thing not welcomed is mis-information; that's why I asked you to please cite corresponding statutes.

Also, you might have missed the purpose of this thread: I'm still a couple of weeks away from getting referred to legal clinic or DV agency, such as Sanctuary. By then, I want to ascertain the best legal approach and put all evidence together, stressing OFFICIAL EVIDENCE.

[Boiler 45,940]

So in summary, consult with a good attorney?

[SingleDad2usc 71]

One of you my new good friends: "Petition not on what you know, petition on what you can prove!"

Knowing current procedure is important, too. I walk into DMV with a letter from SSA that "SSN was never issued" and a some chocolates, and the girl in the window melts: sure, lets get your license renewed. Whoops, these cases have to be CALLED. Say what? She says, I have to motion supervisor for this. Supervisor: where is I-94? So I pull print-outs from all kinds of official sites, stating Canadians are not issued I-94. She says: oh, that's how you renewed last time, didn't you? Problem is dear: now we can't issue you regular DL, without seeing how long your stay is valid to - and we'll insert RED LINE with that date, on a 8y license. Every time you bring new DHS paper, we'll charge $17.50 to amend the insert. Good bye!

[Sandra G. 5,057]

singledad it looks your thread became a "Vawa thread information",lol, then I ask permission to post more stuff about Vawa here ok.I am sure many people are reading your thread and they may get some benefits with all informations provided here.

Some people are in removing proceedings already and they were victims of domestic violence,but never filed Vawa , and many people ask what should I do now?. Well there is an option called "VAWA Cancellation of Removal" and this option is suitable for individuals who are not eligible to file a regular VAWA Petition with USCIS.The individual must prove the relationship to the abuser and to prove that is continuously present in the US for a period of three years prior filling the application.

There are some differences between the "I-360 self petition" and the "Vawa Cancellation of Removal". First difference of course the individual MUST BE in removal proceedings. One of the requirements to show is extreme hardship. The individual may request a work authorization while in removal proceedings. I am going to enumerate some category of people who are not eligible to file VAWA self-petition but they are eligible to file Vawa cancellation of removal.

-The individual who is divorced for over 2 years from the abuser qualifies to file " Vawa Cancellation of Removal

- A parent of an abused child who was never married to the child’s abusive US citizen or LPR parent

- An abused spouse or child whose citizen parent gave up citizenship or lost LPR status for over 2 years because of domestic violence

- A non-abused parent of a child abused by a US Citizen or LPR spouse

- An abused fiancé/fiancee of a US Citizen or LPR

- Victims of bigamy. (spouse of US Citizen or lawful permanent resident)

- .......

- ........

If the person is not in removal proceedings yet, but wants to file Vawa Cancellation of removal then the individual may ask ICE to serve them with a Notice to Appear and then they will transfer the case to immigration court and then the individual can file the application for cancellation of removal . Removal proceedings are complex matters and because of that do not try to handle your case without a lawyer. You can find pro bono lawyers.

http://www.justice.gov/eoir/probono/states.htm

[SingleDad2usc 71]

wow, reading this tells me that everyone has a chance. thank you Sandranj!

[SingleDad2usc 71]

on my way: preventive agency was able to schedule psychiatric clinic intake 3 days from now!

[SingleDad2usc 71]

noticed that hundreds of pages, printed to me from ACS archive database against this case# in my wife's name, is just ACS investidations of all "suspected Child Abuse reports" called in to state hotline. This is nowhere near the full case files 2002-present. Those should contain all hearings/conferences, all councelling attended by each family member, all reports released by doctors/schools/camps to ACS, all visits by ACS workers: a few thousand pages. I wonder how to obtain that

[Sandra G. 5,057]

Single dad you don't have to send to USCIS every single document regarding the abuse investigation, you need just to submit the doctors, psychologist evaluation from that time and the ACS service FINAL REPORT regarding the abuse, that's all. You don't have to submit hearings,conferences, but as I said just reports from doctors,psychologist and ACS REGARDING THE ABUSE. Documents regarding the investigation DO NOT SEND TO USCIS, but just the FINAL conclusion.

Edited July 21, 2012 by sandranj

[SingleDad2usc 71]

Your law/procedural point understood. However, here is the gist: in addition to psychiatric and psychologist appointments, I recall all individual counselling, couples counselling, DV counselling, anger management, parental skills, parent support groups, neigborhood family center roundtables, etc. attended by myself, my wife, my children. Some were mandated by ACS, some not. I've been awarded many certificates of completion - but I can't find them now.

There are two sides to VJ that I appreciate: one is objective poster opinion, critique of lack of substance in a family case. Skeptics are justified, because they're presented with one side of the story. Their skepticism mimics the "personal" attitude of IO-reviewer...Then there are professional opinions like yours, based on knowledge of statutory requirements and current standard procedure - and that helps to win "on technicality".

I think my objective is dual: I must gather OFFICIAL evidence of the kind required statutary; and also gather OFFICIAL evidence of the kind that demonstrates compelling footprint. I want to demonstrate with OFFICIAL evidence, that my entire 10 year stay was centered around my family, and around state and local authorities. The only authorities not involved (before this VAWA application) were USCIS.

I just looked at the authographed picture of just me with the Mayor, sealed and titled "Mayor M....R.B.... hosts a reception in honor of the 2009 NYC Neighborhood Achievement Awards, Gracie Mansion", mailed in a large envelope from the Mayor's Office. I think my VAWA case might mostly cover children (as opposed to spousal) and show my involvement over neglect/abuse in the community. I'm still trying to figure my actions with OCSE, and see if such can be tied into either VAWA or U