Vawa part 4

[Sandra G. 5,047]

Yesterday I posted some information(vawa part 3)but today this new thread was opened then I am posting here again some information regarding Vawa , because every day we have new victims entering in the Vawa thread.

Every week I receive hundreds of emails. I am member of other sites as well, and I will try to answer here some frequent questions and provide some information.

If you were victim of mental abuse you MUST submit a psychological evaluation. Shelters can provide counseling, but counselor cannot diagnose you or perform a psychological evaluation,since they are not psychologist. The counselor letter will help your case, but the psychological evaluation will increase a lot your chance to have your case approved if you are diagnosed with severe depression and/or pos traumatic disorder and/or anxiety. Ask the psychologist to mention diagnose, number of sessions, duration of each session, treatment recommended, evolution of the treatment and if you have any referral to see a doctor.

When you have your Vawa case denied you have the option to file an appeal or submit a motion,it depends of each decision. If your case has to go to the Appeal to the Federal Circuit Courts and you submitted your appeal to the 2nd or 9th Circuits they will review your case based in domestic violence/extreme cruelty, but if you are in the 3rd, 5th, 6th, 7th, or 10th, the Federal Circuit Court CANNOT review the decision issued by an immigration judge or the BIA because the “extreme cruelty” is considered a discretionary factor, and they consider that can only be decided by the immigration judge and the BIA.

Many people in deportation proceedings filing Vawa Cancelation of Removal asked me how can I prove hardship? ( the alien must prove extreme abuse and hardship), well you can establish hardship by proving that your recovery from abuse would be jeopardized if deported, or proving the abuser threatened to track the victim down in her/his home Country if she/he leave the U.S, and proving you maintain a protection order in the U.S. against the abuser.

Many people do not mention some circumstances of the verbal abuse, because they don't know if it's abuse or not.Berating your ethnicity;threatening to report you with allegations that you married for immigration papers, forcing you to work without work permit, threatening to turn you in because of your immigration status, threatening to take your kids away all these circumstances are considered mental abuse.

When writing your affidavit you MUST describe the courtship. I saw hundreds of RFEs because the individuals failed to describe the courtship they need to know if you got married to get papers or for love, and they will be able to find out about that when they know the circumstance that lead you to got married.

Every time you submit affidavits from your friends they MUST state their full name, place of birth, date of birth, present address and contact number. Your friends must inform when they met you first time and where, last time they saw you or heard about you etc.

I know many people here did not submit their Vawa case and others are still living with their spouses, then here is what we use to say to all victims of domestic violence or victims of mental abuse:

- take pictures of the house if the abuser broke or destroyed some stuff in the house;

-take pictures if you have some visible injuries;

-go to the hospital TODAY IF YOU WERE BATTERED or if you feel suicidal or depressed. Any hospital will admit you for consultation even if you can't afford to pay them, after receiving the bill you can apply for "charity" with the hospital;

-call 911 if you are battered or feel threatened. Do not worry they won't "deport" you! ;

-If you are suffering domestic violence or you are being mentally abused call Domestic violence hotline and ask them a shelter where you can stay,

-when leaving the house take with you ALL your documents and children's documents as well. Leave just a brief note saying "I left",in order for your husband to know that you were not kidnapped, and not to call the cops and put everyone searching for you and your kids. Do not mention with neighborhoods or his friends that you are moving to a shelter;

- DO NOT ANSWER the abuser phone calls after leaving him/her or his/her family phone calls, tell your family not to disclose with him/her where you are living,

-delete him/her from facebook , change your facebook/email passwords;

-as soon you leave your house go to the family Court to file for child's custody;

-if you are moving to a shelter take just 1 suitcase per person;

-do not leave your house if the abuser is there, try to leave when he is not at home,of course if you call 911 you can leave the house because the cops will be there;

-If you don't have any money or food find a "salvation army" place they will be able to help you out, specially those with police report;

Be safe!

Edited June 13, 2013 by sandranj

[lank 16]

Sandranj when those girls whose spouses are LPR filed I-485 what did they base it on, did they check the box where it says approved I-360 petition?

[Sandra G. 5,047]

Iank In the form I-485 application, box "h" of Part 2 they marked " I-360 Vawa self petitioner"As I said before they may reject your form since you don't have a visa number available.We have here in this thread 1 girl that got EAD before her Vawa case was approved, and 2 others from thread 3.I will ask one of the girls permission to mention her nickname, if she says it's ok then I will post here and you maybe could contact be her through pm.

Edited June 13, 2013 by sandranj

[loveme 4]

Hieveryone

[howtosurvive 43]

Good morning to all congrats to Raga Shanti on your approval one step closer to your permanent residency! Lets all look forward with positive hearts and minds I pray for all those still waiting for their approvals....this has been a good week so far lets all continue to be there for each other giving words of encouragement an support......

Howtosurvive an lank any news???? Panamaguy you've been quiet on us......

Congtats on ur approval I applied February this year so I know its late this year or early next year for me. Thanks for your concern.

[PANAMA-GUY 21]

Hey Everyone

I went to vawa part 3 and saw that its closed. I start to freak out but than i found you guys here again.

This is where I come to see what people that go trhu the same situation as me and post my frustation ,bad days, good days, etc . so i dont want to loose you guys.

Little info about my case, its still the same thing no changes but I know God is working on it and I beleive something is coming soon.

I m applying for my 6th prima facie because the 5th one is close to expire. But I m hanging there keeping the fight on and I know God sent his angels to be on the front line guarding and protecting me along the way .

I m looking forward to come here and post some good news.

Edited June 13, 2013 by PANAMA-GUY

[lank 16]

Iank In the form I-485 application, box "h" of Part 2 they marked " I-360 Vawa self petitioner"As I said before they may reject your form since you don't have a visa number available.We have here in this thread 1 girl that got EAD before her Vawa case was approved, and 2 others from thread 3.I will ask one of the girls permission to mention her nickname, if she says it's ok then I will post here and you maybe could contact be her through pm.

I very much appreciate your help and information on this. Thank you Sandranj

[PANAMA-GUY 21]

Hey guys

I found this link that was helpful to me. its kind old but for those doing their paperwork alone with out lawyer ,please check this out , they have samples of letters and some papers information .

http://www.lafla.org/pdf/VAWA/Chapter%202.pdf

hi Sandra

I sent you an email and also sent it here in your inbox at visajourney.

thanks again

[Sandra G. 5,047]

Iank i asked "faithkeeper" member permission to tell about her EAD, and she said "yes", ex husband is an LPR, her lawyer submitted form I-360 along with form I-485 and I-765, he chose option "a" in the form I-485,despite she did not have any number available he filed out using box "a" and she got her work permit,but she told me to mention that T her lawyer made some mistakes in her case then not to rely just on her information.As i said yesterday I saw others that filed out checking box "h", then it's hard to predict how they will handle your case if you decide to apply now before having a visa number available.

[Faithkeeper 25]

Iank i asked "faithkeeper" member permission to tell about her EAD, and she said "yes", ex husband is an LPR, her lawyer submitted form I-360 along with form I-485 and I-765, he chose option "a" in the form I-485,despite she did not have any number available he filed out using box "a" and she got her work permit,but she told me to mention that T her lawyer made some mistakes in her case then not to rely just on her information.As i said yesterday I saw others that filed out checking box "h", then it's hard to predict how they will handle your case if you decide to apply now before having a visa number available.

Yes lank my lawyer is a little 'coo-coo'! So give it a shot lank check box 'h' and see.

[Faithkeeper 25]

Also lank I was reading on the state.gov website that our category F2A could become current in the coming months meaning no matter your PD we would be able to get a visa number and not have a long wait.

So lets keep trusting God.

[Hopeforever 1]

Hi Sandra, I sent you a PM through hotmail

[Raga shanti 3]

It's look like Vermont is moving. I met a young who applied around July 2012 and her case is now approved also. I just want to know after your case is approved what is the next step. Keep in mind I didnot file a AOS or EAD because my husband was only a LPR.

[Jessy_L 7]

Hi sandranj, when you write:

if your Vawa is based just in mental abuse do not file Vawa without having a psychological evaluation and proof that you attended at least 5/9 therapy sessions ok.

Do you mean 5-6 therapy sessions with shelter counselors? or some psychologist (other than who evaluating survivor)?

[lank 16]

Also lank I was reading on the state.gov website that our category F2A could become current in the coming months meaning no matter your PD we would be able to get a visa number and not have a long wait.

So lets keep trusting God.

That's good news!!! Thanks again for your help!

It's look like Vermont is moving. I met a young who applied around July 2012 and her case is now approved also. I just want to know after your case is approved what is the next step. Keep in mind I didnot file a AOS or EAD because my husband was only a LPR.

Raga shanti, now it's time for you to apply for I-485 and I-785 based on approved I-360.