U-visa certification

[Boiler 45,486]

With the support of the DA I would have thought a U visa would be a good bet.

[SingleDad2usc 71]

but of course... Alas, I'm not filing for U-visa first.

So my question is: should I include such certification in my VAWA packet?

And second question, what's riskier: so stop Affidavit at 2003 "physical act", or to continue Affidavit with more current "phone" threats?

[Boiler 45,486]

Good questions to ask your lawyer.

[SingleDad2usc 71]

I'll only know after Columbus Day if they can take my case. Even if NOT, she'll still answer question 1. Not sure she'll answer question 2. My impression is that she's handled more U-visas than VAWAs. For example, she's never heard of expediting VAWA due to child's med/psych...And when asked re: proof of un-dissolved marriage, she said just to state that I'm not aware of any divorce. I understand that proving a negative is not easy - but there must be a better answer

[belinda63 3,038]

Since the child is a U.S. citizen I don't think they would be relevant to the VAWA expedite. The child can receive benefits as they need them.

[SingleDad2usc 71]

It's an interesting thought. But what about the reality for these two USC minors, one of whom is mentally disabled: they have no other parent, no extended family, I'm their sole caregiver - and I'm functioning in that capacity with no legal status, and even no valid ID now. Not only can't I drive or do banking, I can't even enter some buildings. The other day, my library wouldn't issue me a replacement card - when they saw that my DL expired

Edited October 1, 2012 by SingleDad2usc

[Boiler 45,486]

I think this has been discussed before, anchor babies do not give Parents legal status.

I am less certain if you have mentioned their other citizenships, sounds like they may have 2 others.

[Ihavequestions 419]

Did somebody say Canada and the other, never named Eastern Bloc country could be a possiblity?

Ah, yeah, several locked threads ago.

[SingleDad2usc 71]

It has been said many times: children have USC only. Never spent one minute outside the US.

Kindly read the preceding post before replying. Question was: may child's med/psych condition be relevant to expediting parent's VAWA claim?

Two variations:

1. If VAWA claim is based on parent's harm only.

2. If VAWA claim is based on child abuse.

[AF-Wife 181]

I think this has been discussed before, anchor babies do not give Parents legal status.

I am less certain if you have mentioned their other citizenships, sounds like they may have 2 others.

Wouldn't be the first time a parent gets deported an the kids come into caring foster parents. And honestly, you aren't the only one on earth who can take are of your kids. There are trained people out there, who specialize in kids like that. That's no reason for anybody in the US to keep you here.

[epsonderby 85]

It has been said many times: children have USC only. Never spent one minute outside the US.

Kindly read the preceding post before replying. Question was: may child's med/psych condition be relevant to expediting parent's VAWA claim?

Two variations:

1. If VAWA claim is based on parent's harm only.

2. If VAWA claim is based on child abuse.

I still don't get why you're asking questions on a DIY site, when it's clear that your set of circumstances are pretty unique? Your time would be better spent waiting for your counsel to decide on taking your case and researching yourself; Google is your friend, as countless others can attest to and have told you.

You seem to keep hoping that someone is going to side with you, or produce some perfect solution that perfectly fits your situation. Not going to happen.

[SingleDad2usc 71]

I'm not self-conscious, and I've never been afraid to ask a question. Not every reply is wasteful. I've got very helpful advice on VJ. I wish it were coming from a wider group - but every single one counts.

As to my case: VJ helped me to transform it from a difficult one into an easy one. Keep it up

[Boiler 45,486]

Have you investigated what other Citizenships the children have?

[AF-Wife 181]

Have you investigated what other Citizenships the children have?

None, because he doesn't want them to have any other citizenship. Only US. He made that pretty clear that moving anywhere else isn't an option?!?

[ceadsearc 516]

How would their disabilities be relevant to expediting VAWA? You're in a period of authorized stay while your VAWA is pending so they aren't at risk for being parentless and if I am not mistaken you can apply for an EAD during that time period as well.

VAWA isn't fast. VAWA is very, very slow, because USCIS needs to weed out the people who actually qualify from the people who are grasping at straws to avoid leaving a country they aren't entitled to live in.