VAWA & AOS for temp G.C. & Restraining Order?

[sallysmom 0]

How will having a temporary, and possible 1-2 year or permanent restraining order on record, affect a VAWA approval, and/or adjustment of status for temporary green card?

[Sandra G. 5,057]

You must show them a certified disposition,and having a one year restraining order against you it may not be a problem if you can prove the connection with the restraining order and the abuse suffered,but a permanent restraining order you can make plans to go back home because they will deny your AOS.

[Brian1967## 119]

What we want to know is the whole story sally mom, in order to help you the best way we know how is we need details. Thank You

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[sallysmom 0]

its only temporary now, cuz I sent him emails/messages threatening to kill him if he ever comes to my town/state, but I must go to court soon to fite it cuz the judge mite make it permenant or 1/2 years? I dunno. I have a lawyer there now, $$. will uscis/vawa always see this on their computer?? oh poop! why wud they deny my VAWA/AOS just coz of this?

[Sandra G. 5,057]

Yes USCIS can see any restraining order against you and they search for that. You have the right to defend yourself when they serve with the restraining order. If get a permanent restraining order probably your case will be denied.

[ir0nK1visa 2]

its only temporary now, cuz I sent him emails/messages threatening to kill him if he ever comes to my town/state, but I must go to court soon to fite it cuz the judge mite make it permenant or 1/2 years? I dunno. I have a lawyer there now, $$. will uscis/vawa always see this on their computer?? oh poop! why wud they deny my VAWA/AOS just coz of this?

Yes, get a lawyer, but MAKE SURE that lawyer has a plan to defend and show WHY you sent those messages. I think more importantly show that you are not a future threat to him. Should the judge sense any fear, or he state to be fearful of you...ummhh it may be hard to have the order denied. You are female, so that may help your case.

As for putting your full story on a public forum..ehhh, ummmhh, YES, you'd like some assistance, suggestions from others, but is it really wise to do so as you prepare to go to a court proceeding?

This will sound negative and I truly apologize, but if he can prove the messages came from you and you, I think, can not show it was in response to his threats or something similar, it may be difficult to have the order denied. I am speaking from my personal experience and am not a lawyer. Again, do seek some advice from counsel, maybe two or three different initial consultations then pick one.

[sallysmom 0]

wow, im nervous now, especially cuz I now live with my new man. can I just go to court on the phone so I don't fly all the way there? would that be bad for my case? and what if they ask me about my former job? if I ever worked with expired EAD, or if I did anything illegal? wud I have to admit anything really? if I get sent home, can my new fiancé get me back in soon? I cant go back, I have nothing there now. oh god, why did I ever come here? andi'm worried about my lawyer there, who I found in the phonebook, is he good? or an idiot? so stressfill!

[sallysmom 0]

nobody cares about me?

[Caryh 5,206]

nobody cares about me?

You've actually been given the advice you need, then you come back and basically ask the same questions again.

Get a known damn good lawyer, don't guess.

You cannot lie in court.

A good lawyer should be able to shield you from some of the questions you worry about.

You new bf may or may not get you back to the USA, depends on why you'd have to go.

Telling someone you will kill them, is not something you should have done if you wanted to prove you were the one being abused. Sounds like the opposite is true.

Working without authorization is taken pretty darn seriously by USCIS, and can get you booted out of the country.

No you cannot go to court via phone. You could have the lawyer represent you and not appear, but you won't be able to tell you view of the story either.

You've dug a hole against yourself. From what you have said of it, you have an uphill battle against you in order to stay, or even have the chance to return again. Again you need a damn good lawyer, this isn't a do it yourself situation you're in. Just picking a lawyer out of a phone book and hoping he's good is not a very smart thing to do in your situation.

[sallysmom 0]

Hearing was today in his state. I didn't go there but sent a lawyer. Judge ruled a "permanent" (1 year) restraining order was justified and its done. Now what should I do? Help, Sandra or somebody! I'm out of money!!!!

[Avery Cates 1,141]

Hearing was today in his state. I didn't go there but sent a lawyer. Judge ruled a "permanent" (1 year) restraining order was justified and its done. Now what should I do? Help, Sandra or somebody! I'm out of money!!!!

You're up 's Creek without a paddle?

What did the lawyer have to say, and what does he recommend now? You're likely well past the help that can be offered here.

What are the circumstances of your relationship? Did you threaten to kill him, but filed VAWA yourself with the goal of staying here?

Things aren't adding up.

[novedsac 355]

What did you expect?

If the email was a clear and direct threat to kill, then there is no real justification for that. The only thing your lawyer could possibly do would argue the invalidity of the email, which the other side, if prepared, would provide proper identification. Without you actually present to contest this, then game over. I'd be surprised if they spent more than 15 minutes in front of the judge.

I'd say you dropped the ball, but in this case the you never had the ball … it went straight over your head and into the other end zone.

For any chance of relief, whatever little there may be, you need to cool off and find a very good attorney, which will mean slogging through a lot of interviews and getting to understand the details of the predicament you're in, neither of which is going to come quickly.

Edited February 26, 2014 by novedsac

[christeen 966]

In light of you being found to be the agressor (hence the permanent 1 year restraining order) I believe your VAWA case will be denied which means your AOS as well... I would prepare for havi g to go back. Your new BF can petition you, but you will have a uphill battle and some waiver issues. You should be prepared to spend some $$$ on a good lawyer whether you fight this restraining Order or decide to try for a new k1 with BF.... Sometimes stupid mistakes we make n the heat of a moment have serious long lasting consequences... Something for all to,think about.

[Avery Cates 1,141]

For any chance of relief, whatever little there may be, you need to cool off and find a very good attorney, which will mean slogging through a lot of interviews and getting to understand the details of the predicament you're in, neither of which is going to come quickly.

Or cheaply.

When a restraining order gets ordered against you, your VAWA case pretty much goes out the window.

OP should perhaps prepare to pack your bags.

[Sandra G. 5,057]

avery cates your information is not correct, in the Vawa thread part 2,3,4, we had several women with restraining order granted against them and they got their GC without any problem,since they showed the connection between the abuse and the restraining order.Of course a permanent Restraining order the AOS outcome will be different than a 1,2 years temporary order.

Edited February 26, 2014 by sandranj