2012 re-authorization, Male VAWA, children VAWA

[SingleDad2usc 71]

I have a conference with ACS coming up (they chalk it up annualy, or as needed). I've outlived dozens of ACS personnel over 10 years - and I'd like to gauge how much help I can get from current one.

Someone thought ACS record may be a minus. I'll clarify: the case is still under mother's name!! 9 years after mother gave up custody!! 8 years since I have physical custody, 7 years since I have Final Order of Custody. The case has moved many times within the same borough: it opened as Protective, mid-way moved to Preventive, then moved to Homemaking; and now I've requested and has been provided a neighborhood non-profit Preventive Agency, specialized in serious Medical cases.

If you wish to proceed you will need to appoint a Lawyer.

The sooner the better.

Edited July 13, 2012 by SingleDad2usc

[AmyWrites 593]

I encourage no one to "just do" anything in immigration. I encourage fruitful discussion and a lot of thought - only then engage a Lawyer

Don't give out immigration advice when you're the one in the US as an overstayer and grasping at any atom to possibly maybe when cows become Olympic gymnasts get a legal presence in the States. I wouldn't go admitting or advertising my illegal presence in any country online... it's either very brave or something you'll deeply regret.

What are you waiting to file VAWA, to figure out your wife's status (if possible)? You've been given information by very experienced people and lawyers to boot... what else do you want?

[SingleDad2usc 71]

This view is like telling cancer-fighter to not share and discuss info on cancerogenic foods, etc. I want you to know that many of your notes are appreciated, and that we will stay the course and continue sharing thoughts, both pro and con. Of course, once the immigration affairs are settled - only then I anticipate moving on to mostly other interests. How about the 6-foot waves last night - kids were extatic! We don't get that often at our Bay

Don't give out immigration advice when you're the one in the US as an overstayer and grasping at any atom to possibly maybe when cows become Olympic gymnasts get a legal presence in the States. I wouldn't go admitting or advertising my illegal presence in any country online... it's either very brave or something you'll deeply regret.

What are you waiting to file VAWA, to figure out your wife's status (if possible)? You've been given information by very experienced people and lawyers to boot... what else do you want?

[Messybrownhair 251]

What happens if you find out that your wife has divorced you? Or she is not even USC or lost her LPR status? Things you really should know before you proceed.. And won't they wonder why you only decided to file now after so long? They will probably notice that it coincided with you losing your DL, so all of a sudden, VAWA! Anyway, goodluck coz you have a long battle ahead of you. I admire your confidence even though odds are against you

[NigeriaorBust 4,087]

The longer you wait the greater the distnace between the current date and the date of the presumed divorce. If that 2 years slips by you are toast. (from what you said it probably has ) Immigration investigators are used to people manufacturing VAWA evidence so be carefull how far you proceed in this line. As a man the bar is set higher in your case. As someone that comes from a country known for fraud , that will set it even higher. ( you have never indicated where you birth citizenship is from but you will be asked during your interview) You have convinced yourself that you have an unbeatable case, I see that you haven't even established that you have a case ( if you don't meet the requirement to file no case ) I would file know before the new tougher rules come out. But you do as you please. I am firmly settled here with no immigration issues. You are grasping at immigration straws and they aren't the best footing in the world.

[SingleDad2usc 71]

Thanx on a good word! I think the reason 90% of members (rightfully) don't see VAWA possibility, while Sandranj and I (closest to the case history and current status) do - lies deep within VAWA. It may not be obvious in the Law, but I thank amberlynnloves for mentioning AILA link at outset. It lists

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

What happens if you find out that your wife has divorced you? Or she is not even USC or lost her LPR status? Things you really should know before you proceed.. And won't they wonder why you only decided to file now after so long? They will probably notice that it coincided with you losing your DL, so all of a sudden, VAWA! Anyway, goodluck coz you have a long battle ahead of you. I admire your confidence even though odds are against you

[SingleDad2usc 71]

This is good advice re: possibility of divorce (exactly 2 years ago?). The reason I doubt she'd ever file in the US - is because she wouldn't want to attract attention. She is basically in hiding, scared of her own shadow (and that's what unfortunately makes for possibility of a sudden physical attack); look, many believe OJ Simpson got away with murder - by his sole hand and/or hired.

I do feel that the bar may be set higher for a man. But don't lose sight of children. That's what I'm trying to figure out before filing: male VAWA, children VAWA or both (if such filing is allowed).

On tougher rules: what exactly amendments are in the lead right now?

P.S. Everyone please refrain from damning guesses, such as country of origin. I brought this up myself in discussion of US Court certification verasity vs. original foreign-language certificates - SOMEBODY ELSE'S.

The longer you wait the greater the distnace between the current date and the date of the presumed divorce. If that 2 years slips by you are toast. (from what you said it probably has ) Immigration investigators are used to people manufacturing VAWA evidence so be carefull how far you proceed in this line. As a man the bar is set higher in your case. As someone that comes from a country known for fraud , that will set it even higher. ( you have never indicated where you birth citizenship is from but you will be asked during your interview) You have convinced yourself that you have an unbeatable case, I see that you haven't even established that you have a case ( if you don't meet the requirement to file no case ) I would file know before the new tougher rules come out. But you do as you please. I am firmly settled here with no immigration issues. You are grasping at immigration straws and they aren't the best footing in the world.

Edited July 13, 2012 by SingleDad2usc

[AmyWrites 593]

Your country of origin usually does matter. This process isn't equal... it's easier if you're from a white English speaking country. It's hell if you're from Sub-Saharan Africa; it's not formally written anywhere, but you'll rarely hear about difficult interviews in certain embassies while they're standard in others and so on. So we don't know where you're from, but if you were born Canadian, might be easier. But I agree anyway, you're seriously grasping at straws, and apparently waiting for God himself to come fix this for you. If you're going to file, do it sooner rather than later... it already looks bad that you waited this long, so, yeah.

[SingleDad2usc 71]

Where do u get God - when I specify above that I'm intensively preparing!

I need to know what I'm talking about in ACS conference. Their mandate is to never volunteer help (they have limited budget). Over many different ACS teams I've had to deal with, I had to often start from scratch - like they had zero idea about the case. I've had to self-represent at fair hearings, and always won Judge's decisions - mainly because of case merits, but also because I have always turned up better prepared than adversary. Can you imagine a new caseworker sitting across and argue a 100-month-old case?

Your country of origin usually does matter. This process isn't equal... it's easier if you're from a white English speaking country. It's hell if you're from Sub-Saharan Africa; it's not formally written anywhere, but you'll rarely hear about difficult interviews in certain embassies while they're standard in others and so on. So we don't know where you're from, but if you were born Canadian, might be easier. But I agree anyway, you're seriously grasping at straws, and apparently waiting for God himself to come fix this for you. If you're going to file, do it sooner rather than later... it already looks bad that you waited this long, so, yeah.

[SingleDad2usc 71]

In two particular hearings 7 years apart, Judges were appauled with ACS representatives. One stopped me quick: don't hurt yourself, I've heard enough from the other side, you've already won. The other threatened to fine ACS $1000/day, if they continued at slow pace setting up safe infrastructure for the children and me. He ended up issuing two-page decision, which included ACS supervision to ensure "legal residency" among other

[Boiler 45,486]

Canada would make it very difficult for a CoR case.

I think you also need to re read Sandranj's posts.

[Sandra G. 5,047]

Single dad contact "Sanctuary for Families" in New York City and maybe they can represent you,but let them do their work. Tell your story, write your affidavit (MAXIMUM 07 pages) and leave!. No need to mention about her pictures in the internet, forget about OCSE fraud prosecution.

Regarding the special VAWA Hardship Factors such as 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, we use to raise these VAWA factors but usually they are granted when seeking relief through suspension of deportation or cancellation of removal, not when adjudicating form I-360. You have the chance to argue and maybe win in COURT if one or more factors are present.

Read the memorandum for Terrance M. O'Reilly regarding "Self-Petitioning for Certain Battered or Abused Spouses and Children. Google "VAWA_Virtue _Extreme_Hardship Memo 8.16.98"

I repeat again YOU DO NOT NEED A CURRENT RESTRAINING ORDER to file Vawa!

Vermont is taking 12/14 months to adjudicate form I-360.If you file form I-360 ALONE and USCIS deny USCIS they won't start with removal proceedings against you because Vermont is not currently removing Vawa petitioners, except if they are criminals. If you decide to file I-485 along with I-360, you can obtain a work permit, and the I-360 is denied they WILL START WITH REMOVAL PROCEEDINGS but you will have 5-7 years ahead of you fighting in Court until they approve your Vawa or deport you.

Edited July 13, 2012 by sandranj

[Sandra G. 5,047]

Singedad as I said before find out that your wife divorced you and if she is a green card holder or US Citizen. Imagine if she divorced you 3,5 years ago? find out FIRST about your eligibility. Your lawyer can ask USCIS to check her status when filing your Vawa but there's no guarantee that they will search. As I said several times the burden of proof is yours.

[SingleDad2usc 71]

I can't thank you enough for all of the particulars!!!, this is exactly what I was counting developing this topic. Now your mention in the end "5-7 years" is interesting as well. So what would be my reality in those years (able to work, to drive, to re-enter?)

Single dad contact "Sanctuary for Families" in New York City and maybe they can represent you,but let them do their work. Tell your story, write your affidavit (MAXIMUM 07 pages) and leave!. No need to mention about her pictures in the internet, forget about OCSE fraud prosecution.

Regarding the special VAWA Hardship Factors such as 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, we use to raise these VAWA factors but usually they are granted when seeking relief through suspension of deportation or cancellation of removal, not when adjudicating form I-360. You have the chance to argue and maybe win in COURT if one or more factors are present.

Read the memorandum for Terrance M. O'Reilly regarding "Self-Petitioning for Certain Battered or Abused Spouses and Children. Google "VAWA_Virtue _Extreme_Hardship Memo 8.16.98"

I repeat again YOU DO NOT NEED A CURRENT RESTRAINING ORDER to file Vawa!

Vermont is taking 12/14 months to adjudicate form I-360.If you file form I-360 ALONE and USCIS deny USCIS they won't start with removal proceedings against you because Vermont is not currently removing Vawa petitioners, except if they are criminals. If you decide to file I-485 along with I-360, you can obtain a work permit, and the I-360 is denied they WILL START WITH REMOVAL PROCEEDINGS but you will have 5-7 years ahead of you fighting in Court until they approve your Vawa or deport you.

[AmyWrites 593]

I can't thank you enough for all of the particulars!!!, this is exactly what I was counting developing this topic. Now your mention in the end "5-7 years" is interesting as well. So what would be my reality in those years (able to work, to drive, to re-enter?)

Re-enter? No... you'll get a ban for this....