Convicted of a crime of domestic violence

[Tong Yan 2]

Before he committed the crime of domestic violence he already has plan on filing VAWA. Unfortunately for him that he committed the crime of domestic violence and pleaded guilty in court. The whole marriage is a scam and his sole purpose is to obtain a green card. He is having affair with a married USC woman which unable to file for him. So he deceive my friend into marrying him and used my friend to file for him.

Question:

1) can he file a VAWA petition by himself? If yes, how could we submit the evidence to USCIS to prove that he was the assault and not the victim of abuse?

2) how to get him deported? He got arrested for domestic violence and got released by the court even he is in illegal status (the petition for him to adjust status have been successfully withdrawn).

Also would like to hear from all of you what else we can do to black list his name with USCIS for his future applications to obtain green card.

Thank you.

[belinda63 3,038]

1. yes

2. Send the information to ICE and the local USCIS office.

Is this in regards to your friend from your last post? If so I am very sorry they are going through this. Best to notify, with copies of the police report and any court documents as they become available.

[Tong Yan 2]

1. yes

2. Send the information to ICE and the local USCIS office.

Is this in regards to your friend from your last post? If so I am very sorry they are going through this. Best to notify, with copies of the police report and any court documents as they become available.

[Villanelle 4,122]

I too am assuming you are referring to the same couple in your last thread.

The wife is your USC friend. The husband is the alien. Youre telling us now you discovered he has another girlfriend (which was the reason for his scam). She withdrew her petition some time ago and at one point it appeared he was going attempt to appeal it (but with out the 864 it wouldve been impossible to win) so now hes going to go the VAWA route) and you are looking for ways to snip that in the bud.

On a side note the alien has pleaded guilty to a domestic violence charge involving the USC.

You did not mention though if she has finalized her divorce yet though from him or not.

You (when I say you in the following its going to include you and she as one just for fluidity since you are posting on her behalf) You are in a very strong position to ensure that a VAWA claim if filed is denied. First of all there is going to be know way to know for sure that a VAWA claim is or has been filed unless the person tells you or you see paperwork on it because confidentially rules dictates USCIS will not tell you of it, nor disclose anything about the status of it to you. Its between USCIS and the alien.

I would suggest you start with Brians post (which youve been on that thread) about how to report fraud and try to submit evidence of the DV and the fraud to a FDNS officer to get it attached to their file. It will make its way to the VAWA unit which will stop the VAWA from being approved. You can also submit the same paperwork directly to USCIS yourself in person at an infopass, or through the mail, but its a bit slower and theres a chance it wont be attached or wont get reviewed or wont get the attention. Coming from a FDNS to VAWA is the most surefire way to ensure they take notice and acted upon it.

Thats only going to deny the VAWA though and will not trigger any kind of deportation. If the VAWA is denied, he will be back in the same boat of just receiving a notice that says, you were denied you are out of status you have 30 days to leave, youre accumulating overstay etc.

(Also there is no such thing as a 'blacklist'. I know you keep asking about it and its not that people are ignoring you, its just that theres no such thing. The way it works is the more times you apply for things and get denied like that and the more suspicious items that keep getting thrown into your file. Well they never get taken out. Its a permanent record. If he marries someone else, like lets say his girlfriend does get a divorce and then does petition for him legitimately, well his marriage to your friend and the withdrawal and denial is going to come up, his failed attempt at VAWA is going to come up and now his attempt at another GC through the new wife is going to come up. The officer is going to be like whoa this is your 3rd attempt at a GC in a short period of time. Whats going on here? You are fishing for a GC. You expect me to believe your marriage to this woman now is real? What is he going to do- explain no the first marriage wasnt but this one is real? He cant. He dug himself into his own hole. So there is no blacklist. Each person has their own list based on their own personal record of visa applications/marital history/work residency etc and his does not look good)

Going back to deportation. Deportation is completely separate from denials and from criminal prosecutions. In terms of denials. When you are denied, typically the denial letter does not include deportation orders. When you are denied you are out of status.They explain things like overstay and recommend you leave in 30 days. Its in your interest to do so, so you dont accumulate overstay that will effect your ability to get a future visa.

They give you the 30 days and dont send the deportation orders with it because deportation orders are extra paper work. You have a 30 day window to appeal, so if you do, it makes the paperwork useless. Plus some people refile. Other people leave. They sometimes ask you in the denial to notify them if you are leaving in the 30 days, because technically if you dont leave, refile or appeal when the 30 days are up they are suppose to generate deportation orders.

Do they do this for every single case. No. They have so many cases. They do not go back in to the system and pull back up people that were denied and issue deportation orders or check to see if appeals were filed, or if the A# shows it was refiled or if the alien sent a letter saying I am departing on such and such a date. They dont have the staffing for it. So tons of people end up overstaying. Some for a few weeks and leave before a ban incurs, some for years.

Perhaps because you would be sending proof of DV to the VAWA unit they would be motivated to pursue the deportation orders after the denial, perhaps not. He would also have the option to fight the deportation orders in immigration court. (If they fail to issue the deportation orders after his denial- theres not going to be anything you can do about it in terms of requesting or demanding USCIS does it. Its not like you can make an infopass and complain or call the 800 number and say he was denied and 30 days passed and he still didnt get a letter saying hes being deported. They are just going to look at you with a blank stare. Also reporting something like that to ICE is pointless. Sure they will take the report, but its just another out of status person. They dont track down out of status people and round them up. They dont have the staff for that.)

As for the criminal aspect of deportation. Its different. That you can report to ICE. That they should take action one. DV falls into the category of a violation that would put his status in jeopardy. Because he pleaded guilty probably in a local court, ICE would not have been automatically notified of it, so you need to notify them of it. They will (once you notify them of it) forward it to immigration court. Immigration court will demand he comes in and answer for it. They will after reviewing it, determine if he is deportable or not. But that process is long and slow. He has a lot of rights in immigration court and it can also be appealed and dragged out.

So your one option there is contact ICE and report it or you can go back and contact the prosecutor in the case. (probably you should do both) Advise them that they probably were not aware but he is not a citizen and by pleading guilty to a DV charge he has now placed his immigration status in jeopardy and they need to forward the case and files to their contact at the DOJ or whomever it is that they deal with in terms of deportation. Every county or city or township or wherever it is that you live that prosecuted him has someone in their office that should be able to deal with it or know who to refer it out to. You want it referred out. Take the pdf print out from that guide that was in the other post (http://www.ncids.org/other%20manuals/Immigration%20Manual/Chapter%203.pdf) if you have to and insist that they forward it to somebody to make that happen as he qualifies for it.

-

So you have a few ways to get deportation orders. You can pursue it through the criminal aspect (which is pretty certain) or you can wait for it from the denial (which is uncertain) or do both.

For stopping the VAWA you do the FDNS, you can submit through infopass, or the mail.

You also need to work on finalizing the divorce if its not already done yet because the sooner you are done with all this the better. (I am very sorry that your friend got caught up in such a mess, but its very admirable that she is seeking to take a proactive approach and prevent more carnage and abuse to the system by this man. Some people are just hurt so badly that they just give up and shrink back and say well its over and lick their wounds, but shes fighting back so good for her.)

[EM_Vandaveer 2,408]

I think you have to prove good moral character for VAWA. E.g. a clean police record. It does not sound like this person could do that.

[SingleDad2usc 71]

I'm probably missing something from the "other topic" of yours: what did he plead guilty to, exactly? If indeed convicted, what was he sentenced to? What exactly are the terms (and time) of his wife's protective order?

[Tong Yan 2]

I'm probably missing something from the "other topic" of yours: what did he plead guilty to, exactly? If indeed convicted, what was he sentenced to? What exactly are the terms (and time) of his wife's protective order?

[john gibbs 17]

Before he committed the crime of domestic violence he already has plan on filing VAWA. Unfortunately for him that he committed the crime of domestic violence and pleaded guilty in court. The whole marriage is a scam and his sole purpose is to obtain a green card. He is having affair with a married USC woman which unable to file for him. So he deceive my friend into marrying him and used my friend to file for him.

Question:

1) can he file a VAWA petition by himself? If yes, how could we submit the evidence to USCIS to prove that he was the assault and not the victim of abuse?

2) how to get him deported? He got arrested for domestic violence and got released by the court even he is in illegal status (the petition for him to adjust status have been successfully withdrawn).

Also would like to hear from all of you what else we can do to black list his name with USCIS for his future applications to obtain green card.

Thank you.

you should make an infopass appointment and go to immigration and have a written statement with the evidence.

they will put it in his file and it will be reviewed whenever his case comes up for a green card.

[Tong Yan 2]

Yes, this is what we wanted to do. But not sure report to the regular dept or the fraud dept?

[SingleDad2usc 71]

What case can he possibly have, given his criminal record?

[Tong Yan 2]

[

Very good question.. could someone answer. Thanks name=SingleDad2usc" post="6496038" timestamp="1378594128]

What case can he possibly have, given his criminal record?

[belinda63 3,038]

If he lies on the application and no one happens to catch it. Best to take no chances and report it, take a copy of the court disposition and provide it to the regular officer and the fraud department. The more copies in USCIS hands the better. Sounds like this man will stop at nothing to obtain legal status.

[Darnell 8,478]

You claimed success in getting the I-864 withdrawn in your other post,

so if you want to help your friend again,

make another infopass appointment,

ask for the FDNS officer, and talk with that person. Is possible that person is not there that day, but a personal appointment might be possible if you ask for it whilst there at the local office.

When you are talking with a FDNS officer, go over all, bring all 'stuff' and paperwork.

Ask that the newly submitted evidence be put into his casefile, along with a letter detailing exactly what he is now attempting to do.

Time passes, when/if someone gets around to reviewing his VAWA application, his A-FILE will be pulled and reviewed. The stuff you gave to the FDNS officer will be in the A-FILE, so another USCIS human in the VAWA group will review it.

Just read Capri's post - he/she has outlined all you need to handle

Edited September 7, 2013 by Darnell

[Tong Yan 2]

Thanks.. will do whatever we can to stop a fraudster. He don't deserve it... !!!!

[SingleDad2usc 71]

The amount of thought provided to this "immigration" topic is mind-boggling. Can someone answer: what potential VAWA application, if he has criminal record??

To unbiased reader, the female side of this story seems much more deliberate than the elaborate fraudster's. His only aim is immigration, yet he sweeps of her feet a married USC. He pre-plans VAWA claim, yet he commits DV crime. His only aim is immigration, yet (with an attorney to advise him) he pleads guilty. He's totally barred from submitting any application - yet the female party continues to seek out and go to any length, make additional appointments, take up various officers time just to beef-up his file. It feels like just another topic disruptive to immigration. If the man is dangerous, why wasn't there more effort to land him in jail? This is way more important than a non-existing immigration application