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

[Avery Cates 1,141]

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.

I've yet to see anything about abuse on his part, but plenty of "I want to stay in the US."

[Sandra G. 5,057]

Thank God Uscis have well trained officers, and not just people saying bs without having any qualification.

[Avery Cates 1,141]

Thank God Uscis have well trained officers, and not just people saying bs without having any qualification.

They will hopefully see right through this one, yes.

[sallysmom 0]

but then why is it called a "Permanent Restrining Order" even it its for a year, vs. a temp one for 21 days or whatever?

[Avery Cates 1,141]

but then why is it called a "Permanent Restrining Order" even it its for a year, vs. a temp one for 21 days or whatever?

Temporary ones can be obtained relatively quickly and are used for a more immediate issuance.

Permanent means it's had appropriate face time in front of a judge to be weighed, sometimes while a TRO issued based on an immediate need is already in place.

Edited February 27, 2014 by Avery Cates

[sallysmom 0]

well it was a temporary, but after the hearing they called it a Permanent but judge set the time at 1 year, extendable if the need arises. I'm confused about this stuff.

[Avery Cates 1,141]

well it was a temporary, but after the hearing they called it a Permanent but judge set the time at 1 year, extendable if the need arises. I'm confused about this stuff.

A temporary can be granted with only one party present based on an immediate need, whereas the permanent is granted when both parties appear in court (or, in this case, your lawyer representing you) and the judge rules there to be an ongoing need for the order.

You now have a permanent order against you.

Edited February 27, 2014 by Avery Cates

[novedsac 355]

The burden of proof for a TRO is very low and they are almost always granted for the immediate protection of the requestor until such time that the issue can be discussed in greater depth in front of a judge with all parties present. Permanent restraining orders are issued after the facts have been presented to a judge, including that from any available witnesses.

This is why having a TRO issued against you is not a very big deal - lots of them are issues and many times they are vacated at the hearing and no permanent order is issued. However, a permanent restraining order is a very big deal. There is the presumption that you were a significant threat and the other party needed a permanent legal protection for their safety.

[sallysmom 0]

well, Sandra any more advice? my lawyer said it cud cost me many many 1000 dollrs to fite this. I don't have it.

[Avery Cates 1,141]

well, Sandra any more advice? my lawyer said it cud cost me many many 1000 dollrs to fite this. I don't have it.

Short of finding a really good lawyer who will work for free in a case where no money will be awarded, which is so unlikely, you wouldn't believe it's so unlikely, I'd say start packing. Your new fella can file for you again if he wants, but that's going to be quite the uphill battle.

[Sandra G. 5,057]

As I said before I saw many people with restraining order granted against them and they got their GC without any problem.Your lawyer has to connect the abuse with the restraining order granted against you, if your vawa wasn't approved yet, if your vawa was approved then you don't have a problem.Do you have any restraining order against him? if you have a restraining order against him then his chance to see you packing is non existent,because Uscis won't give a damn for any bitter ex husband filing restraining order against the ex wife, this is part of their training in how to evaluate a restraining order.

It will cost many many dollars for what?

Edited February 27, 2014 by sandranj

[Sandra G. 5,057]

Just clarifying here that a permanent restraining order it does not mean the RO will be in effect forever, it's just means that the restraining order is enforceable for the period of time the judge ordered 1,2 years etc.