Convicted of a crime of domestic violence

[Villanelle 4,122]

lol so many questions here...

He does have a potential VAWA case... on paper...

You have to review the inadmissibility guidelines.

The alien plead guilty to a charge of type of DV in a court. Doesnt matter if it was through a plea, through being found guilty by a jury, or by a judge or by flat out admitting a guilty verdict. Doesnt matter the specific charge, if it was in the category of DV it will have an effect.

Having that guilty in itself wont make him inadmissible in terms of VAWA. If you review the inadmissibility guidelines- most DV charges fall under the petty offense category are and exceptions and you can still be admitted unless you have multiple convictions. (which theres no mention of him having). So technically ON PAPER his criminal record is not going to stop him from being able to apply for VAWA nor get approved for VAWA.

But another part of VAWA is him having a good moral character, not in terms of a clean record, but in terms of them being able to believe the letter he submits to them detailing the abuse is true, along with all the statements from Drs, and his statement of entering the marriage in good faith, and his proof of the relationship.

He would have to be filing for mental abuse VAWA as the OP never mentioned there being any proof of any kind of physical abuse between the couple that he be able to submit as there never was any abuse from the wife towards the husband for him to show. No police reports where she assaulted him, no hospital records, no police reports- nothing.

The only somewhat mention of violence between them is the incident where he was arrested and charged and she was not, and her having a restraining order. Even if those papers show slight wording where they had a 'fight' and it got out of hand and it has mentions of her pushing him and he punched her and it why he was arrested and she wasnt. Well if he thinks hes going to show that to them and claim look it was mutual abuse- I qualify, hes sorely mistaken. Mutual abuse doesnt count. Youre not a victim if you are mutually abusing each other, (people with mutual restraining orders or an order against them from the 'victim' they are claiming was their abuser- or any other prior partner, is very hard to overcome in VAWA, making you ineligible)

So if he files based in mental abuse and they show enough legitimate proof that he was in fact the abuser in the relationship and not the victim- it would give them a reason to label him as inadmissible/deny him as they would find they could not believe his statements even though he wrote a nice little letter and got a drs statement and went to a few appts for 'treatment' for it.

The bottom line is they need to be able to believe his story. If he submits papers saying Im the victim and she submits stuff counteracting that and they choose to believe it was either mutual or solely one sided on his end- well thats up to them. Hopefully they can see through all his phony evidence and tag his file properly as submitting false stuff which will make it harder for future visa applications and put him back out of status now.

So I really dont see his VAWA going anywhere if he chooses to file for it, or has already filed for it.

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As for why the courts did not take any action on him when they had him, nor the police when he was arrested. The only logical thing is when he was arrested and fingerprinted he mustve had status at the time. Or he wasnt fingerprinted when arrested (which wouldve been rare). If they were still married and the 864 wasnt pulled yet, he wouldve had status.

If later on during the court proceedings for his DV charges she withdrew her 864 causing him to drop out of status and then notified the court through the prosec office that , hey this guy is now illegal, its not surprising that the court would just shrug it off. Courts dont fingerprint or detain people or check their legal status. Thats something that happens at the time you are arrested. Its odd for your status to change between the time you were arrested and the time you appeared in court. And many courts will take the position of, well thats between you and USCIS and for USCIS to resolve, not 'our courts jurisdiction'. ie USCIS to notify you of your status, issue you your deportation orders because you have no status etc.. The police dont round up illegals. If they run into one in the course of an arrest, they have to do something about it, but they dont go out of their way to drag someone in to fingerprint them and check their status.

Because he now has a crime making him eligible for deportation- it should be pursued, if the OP really wants to get him out of the US because USCIS is never going to know about it nor will ICE. But it takes a long time. You are looking at years. Months from after you submit it to get any type of hearing set in immigration court and then that drags on and then there appeals and that can drag on as well.

Its not a short process, its a long process and he has a lot of rights in it. The two issues are completely independent from each other- the VAWA and the deportation. He doesnt have to go through VAWA, he can marry another USC, or have his VAWA denied and marry another USC.

Regardless of whether he obtains status through another USC or is able to defraud the VAWA unit even after you submit everything with the help of a good lawyer and going through appeals there, the deportation for the DV will eventually catch up to him in the end.

[SingleDad2usc 71]

Great analysis! For all practicality, he stands no chance in VAWA (unless someone contends that annual statistics of substantial rate of VAWA denials have evaporated this year). As to any future attempt of marriage to USC: such journey would be so hard and costly that if OP wishes him harm - then he should be encouraged to pursue it! Lol

[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.

VAWA fraud is rampant and there are thousands of people who have been falsely accused of abuse by immigrants looking to exploit the system.

Something needs to be done.