Convicted of a crime of domestic violence

[Darnell 8,478]

as for 'the illegal alien in question' - he is trying anything, after his wife found him cheating, withdrew the I-864 and filed for divorce.

now he is out of the house, and seeking to adjust in any way he can.

Still, I get your point, why wasn't he arrested and deported at the same week?

[belinda63 3,038]

It is my understanding he was here out of status, i.e. he came legally and decided not to leave. At some point he determined he wanted legal status. I don't know if he was with the married USC first or if this happened after he married the unsuspecting female. She found out she was being used for a green card and withdrew the I-864. He then stated he could obtain a green card through VAWA which was probably a bluff to try to delay/prevent her from withdrawing the I-864. When he found out his AOS was cancelled I am suspecting is when he lost his temper and conducted domestic violence against the USC. He does not seem to be the brightest of people.

As to why he was not placed on a immigration hold there could be a variety of reasons. His AOS could still be showing as pending. He could have never been taken to jail. Most municipalites don't make it a habit to check with immigration on people. Unless it is brought to their attention who would have known he had no legal status?

As to why "waste the time of immigration officers" he doesn't deserve a green card. He needs to go home. He is messing with a married woman and lied to another woman. When he didn't get what he wanted he became violent. Is this the sort of person we want living in our country?

[Tong Yan 2]

Yes... He don't deserve it now or in the future..!!!

We make mistake and when we correct it .. It is the right thing to do. He may get his green card because they are many lawyer out there to help. We already knew he is a con man but USCIS might not know. As s USC, we want to do our duty.

[SingleDad2usc 71]

Still no one proposed a way for him to even apply

[belinda63 3,038]

Maybe he already did, the first post was a while back. Maybe he submitted his report of good moral character prior to the DV.

[SingleDad2usc 71]

"Maybe"? It doesn't sound this way from OP. OP also doesn't explain his plausible "abuse story"

[Tong Yan 2]

We don't know. We knew he was seeking lawyer when he found out the withdrawal.

[belinda63 3,038]

OP is a friend of the USC wife. Of course the wife would have no knowledge of his filing of a VAWA except what the husband told her. Anyone can make up a story of abuse. Doesn't mean it will be accepted. But the prior post did, I believe, mention the husband having an attorney to advise him. All the USC wife wants to do is make USCIS aware of the flaws of the applicant. It is up to USCIS to make the determination. He may file for VAWA, he may find another woman to marry and file for him, he may decide to remain in the country out of status. She has no way of controlling any of this. She simply wants to advise USCIS that he is fishing for a green card.

[SingleDad2usc 71]

Well, you seem to have the advantage of some previous topic...It would be helpful to hear from OP how he could possibly substantiate his VAWA claim. What has transpired in the household prior to DV incident?

[belinda63 3,038]

The op is not the one filing the VAWA. Nor is it his friend. His friend in the USC. All we know is what little information her out of status spouse provided her.

[SingleDad2usc 71]

Friend started more than one topic, and friend doesn't know what was happening in the household prior to latest arrest?

[belinda63 3,038]

Read friends prior topic, this will answer all your questions.

[SingleDad2usc 71]

No guarantee I'd find the answer there, so I'm asking the all-important question here: what would be petitioner's grounds for VAWA?

Quoting OP:

"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? "

To answer, it's important to know what transpired prior to latest arrest. What would be OP's grounds for VAWA?

[belinda63 3,038]

The OP is the friend of the USC. It is the USC spouse who has never been on this board and never posted a question who stated to the wife or she somehow heard that the might try VAWA. He has no grounds as far as what has been said on this board. He is attempting to obtain a green card in any way possible. He is committing fraud and lying to obtain a green card. There are no grounds of which we are aware that he could file a VAWA. He is a fraud and this is why the OP's friend, the USC, is reporting him to ICE and USCIS.

[SingleDad2usc 71]

So OP opens more than one topic on immigration forum, just to discuss "reporting" over and over (there is Reporting Topic, daily bumped - just refer there.) But no, it's picked up by you: "Anyone can make up a story of abuse". An impression is created that winning VAWA (for a man, no less) is as easy as penning a few pages of I-360, without official evidence of abuse and evidence of good character.

It's cluttering the immigration forum with anti-immigrant purpose. With this amount of zeal, the perpetrator should have been dealt with in criminal court, as Darnell pointed out

Edited September 8, 2013 by SingleDad2usc