2012 re-authorization, Male VAWA, children VAWA

[Boiler 45,940]

No

[Sandra G. 5,057]

Single dad I am very busy. I own a non profit organization who helps victims of domestic violence. I have several people here waiting to file out their papers but despite that I stop several times per week to answer questions in the VJ and several other sites.I handle cases nationwide depending on the complexity(pro bono services).

Before you think to file Vawa you need to have two things in your hand

a)proof that your wife is an US Citizen or green card holder.If she changed her name or if you have no idea how to get proof that she is a green card holder or US Citizen then forget about your case! without this proof you CAN'T EVEN START YOUR CASE.

b) Find out if she divorced you because if she divorced you more than 2 years ago YOU CAN'T FILE VAWA. Unfortunately in case of divorce you have two years from the date that your divorce becomes final to file an I-360 VAWA self-petition

Regarding your questions:

Unfortunately failure to pay child support is not reason to file Vawa,even if she is a fraudster.

If you can prove you suffered psychological/mental abuse and she was a green card holder in that time you can file the I-360. To show mental abuse you must prove you suffered isolation and/or intimidation, controlling,coercion, possessiveness or threats. Any descent lawyer to handle your case will ask psychological evaluations, detailed statements from people who knows about the abuse, it's not enough a detailed statement from yourself.

Vawa cases are adjudicated by IMMIGRATION OFFICERS in Vermont. When a Vawa case is denied by USCIS they initiate the removal proceedings then the individual can have the case adjudicated by an Immigration Judge. Judges nationwide adjudicate individual cases based in EVIDENCES, and it doesn't matter if you live on the East coast of the US or not.

In order to receive the prima facie you MUST Meet all five filing requirements:

1- Relationship to the abuser. Married to a U.S. citizen or permanent resident abuser OR divorced within the 2 years prior to filing form I-360

2- Battery or extreme cruelty by the U.S. citizen or lawful permanent resident abuser

3- Prove past or present residence with the abuser.

4- Have a good moral character

5- The marriage was entered in good faith

Find an experienced attorney near you and good luck.

Edited July 12, 2012 by sandranj

[Sandra G. 5,057]

Single dad regarding protective order in New York State you may obtain the order in Family Court but the incident must be severe enough where the Court feels that the persons life is in danger and they need to protect the person, we are talking here about stalking,harassment,attempted to assault, assaulted, reckless endangerment toward an adult or child. The violence/incident do not need to have happened immediately before you filed your petition but you are talking about something that happened 6 years ago?????Good luck with that.

http://www.inmotiononline.org/assets/pdfs/TheBasicsSeries_English/Orders_of_Protection_in_NYS.pdf

Edited July 12, 2012 by sandranj

[Boiler 45,940]

Kudos to Sandranj.

[SingleDad2usc 71]

Fantastic posts so far - and I couldn't thank Sandranj enough, for spending so much time!! I don't expect her to add anything.

As far as Boiler, who absolutely correctly blew apart what I have so far - I think he errs in the end. If Order of Protection is granted in 2012, then VAWA is likely a shoe-in. All 5 requirements listed by Sandra would be observed.

Sandra was skeptical about winning new order of protection. It's a very hard job - but I have to enlist an attorney, and as much evidence as possible. VERY IMPORTANT NOT TO MIS-INTERPRET: the new order would not be sought because of previous threats. It will only be sought if a new threat comes. All of the history listed in OP and correctly blown apart by Boiler - is only a documented context, a background, a motive for latest and current threat - should one occur. Until then - it looks like no VAWA. Unless 2012 re-authorization contains any break relevant to this case?

[Hypnos 6,578]

I'd probably be more worried about finding definitive proof that your wife was an LPR or even became a USC.

As has already been pointed out, without this it doesn't matter if God himself writes a message on the sky telling everyone what she did to you, your case cannot proceed.

[SingleDad2usc 71]

We're trying to be serious here. LPR is 100%, likely from 2006-2007. On USC, she was engaging pro-bono firm (due to her 2003 arrest/guilty plea).

No one has commented: when I need to serve her - may my lawyer try to achieve such service via HER KNOWN LAW FIRM?

[SingleDad2usc 71]

I just read this (in second link provided by amberlynnloves), I think all three apply!!

Special VAWA Hardship Factors

1. Nature and extent of physical or psychological consequences of abuse

2. Impact of the loss of access to the U.S. court system regarding protective orders, criminal investigations and prosecutions, child support and custody, etc.

3. Continued need for social, medical, and mental health services for victim and children

[SingleDad2usc 71]

Basically, to re-iterate history of what OFFENDER DID:

1. As soon as offender got "Asylum Granted", she began systematically getting rid of both the babies and the husband, with intent of keeping the family residence to herself.

2. She never considered application for derivative status for husband; on the contrary, all her actions were to push the husband out back to his country of citizenship, and to facilitate children's adoption SO THAT TO AVOID ANY FUTURE LIABILITY FOR CHILD SUPPORT.

3. With this purpose in mind, she kept at numerous 911 calls: attracting actions by police and ACS.

4. There are numerous documented statements of the OFFENDER to police and ACS: "I don't want these children. I want to live free life and have fun".

The eventual outcome was nonsensical to almost everyone who followed all those turbulations in real-time (now everyone, including all members here, seem to take it for granted): husband, without legal status, stepped up and complied with all ACS requirements (parental education, psychological evaluation, steps to provide basic necessities and round-the-clock care for children, younger of whom had 5 birth defects). She didn't expect that after 1 year of deliberations, the Family Court will order the children out of ACS custody into father's custody and Court-ordered ACS supervision (that would keep both the husband and the children pinned where they are). When she learned of that DECISION in 2004, the OFFENDER began her evasive actions in reference to looming Child Support proceedings. There was a slew of anonymous Child Neglect/Abuse calls to State hotlines - each had to be investigated by ACS over 60 days. Each would later be found "not indicated". Some reports even went as far as suspected "sexual abuse", and resulted in necessity of very intrusive physical and physchological examination of the children. All were dismissed following examinations.

In 2006, she made a sloppy mistake and allowed herself to be served by OCSE. She then pulled an intricate stunt: VOIPing into the scheduled Support Court hearing. Under oath on the speaker, she committed multiple perjury - and won dismissal of the Child Support case. She never again allowed herself to be served for any new hearing. She professed in threating phonecalls that she knows that her Support Court fraud can result in jail, if she is ever found. And that she thinks that I'm the only party who might care to bring up the truth. Her threats were of "dire occurrences" for either me or the children, "and I will not specify which" - and these threats have come in every year to date.

So much for everybody's assessment that I and the children were victims of abuse only 9 years ago. If there were no 2003 conviction of Assault in the Second Degree, would today's threats be considered OFFENCE?

[Boiler 45,940]

You wanted the thread to focus on VAWA but you keep on repeating issues that are certainly not showing her in a very good light but have nothing to do with any VAWA claim by you.

[SingleDad2usc 71]

I disagree:

Special VAWA Hardship Factors

1. Nature and extent of physical or psychological consequences of abuse

2. Impact of the loss of access to the U.S. court system regarding protective orders, criminal investigations and prosecutions, child support and custody, etc.

3. Continued need for social, medical, and mental health services for victim and children

You wanted the thread to focus on VAWA but you keep on repeating issues that are certainly not showing her in a very good light but have nothing to do with any VAWA claim by you.

[AmyWrites 593]

Something's very wrong with this woman, but considering this happened so long ago, I don't see how you can use any of this now.

[SingleDad2usc 71]

But it continues. How does everyone keep missing the point?

Only Assault2 conviction was 9 years ago. The rest continues to date

[AmyWrites 593]

It's threats from a woman who hasn't had physical contact with your kids for a long time, and no custody of them. The level of her no-contact thing is such that you don't even know much about her these days... where is she? Is she an LPR? A Citizen? Heck I think we know more about you than you know about her...

[SingleDad2usc 71]

In her phonecalls, she clearly indicated that she's LPR striving to USC. She threatened in regard to any interference with her Citizenship process or Child Support fraud