I just want my life back

[Nancy2015 2]

Wow, Shona, your I-360 is taking such a long time... You would think USCIS should help abused immigrants better...

Please, be strong - things will work out for you in the near future!

I will pray for you and hope all goes well! (F) (F) (F) (F)

[Lovetoteach 53]

Once again thanks to all of you.

I have spoken to hospital re my sons bills, and they have taken note that, I am awaiting a decision on my EAD ( which was filed a year ago now). I told her I couldn't pay anything and said I could send proof about not be able to work. ( She didn't need it )She made a note on my file and said that she can't guarantee it won't go to collections but at least I called and explained. ( I have done so many times before.) They won't do anything for the moment anyway- phew!!

Shona

[arwensun1965 1]

Hey Shona

Hopefully things will start to look up for you in the near future, you have done everything possible as a single parent and a Decent parent would. Best of luck and lots of wishes to you.

Janice

[kamcia62 0]

sorry for hear it... Yest..this is America... difficult place to life... I understand you very much... New place to lfe is absolutely different than your previous home life... Only strong people are survive.

I wasn't enought strong... so ...now I'm in Poland ..I back and waiting for my husband here in my own country. I have idea ...to do TOIFL... after that when I come back USA I will more ready to improve my life there. Go to shool... study ... and start in higher level then before.

I wish you many godd wishes to resolve all yours problems in USA. Maybe you should be more determinated with your life tasks there (more than I was)..

Best regards

Kamcia

[coco's daddy 0]

Shona, were u married, widowed, remarried then divorced and then applied for I-360? Isn't a 360 for widow(er)s who were married to USC for 2+ yrs & did not remarry?

[Lovetoteach 53]

Shona, were u married, widowed, remarried then divorced and then applied for I-360? Isn't a 360 for widow(er)s who were married to USC for 2+ yrs & did not remarry?

Hi there,

The I360 can be for widowers but is also for people who have been abused. I married on a K1, filed an I360 in November 2005 because of abuse and divorced in January 2006. I have never re-married. As yet I am not allowed to do so, otherwise the petition is denied. I have read conflicting information that one can remarry after the petition has been approved and also that you can't remarry until you AOS.

Either way I'm not ready to remarry.

Shona

Edited February 19, 2007 by shona

[Boiler 45,965]

sorry for hear it... Yest..this is America... difficult place to life... I understand you very much... New place to lfe is absolutely different than your previous home life... Only strong people are survive.

I wasn't enought strong... so ...now I'm in Poland ..I back and waiting for my husband here in my own country. I have idea ...to do TOIFL... after that when I come back USA I will more ready to improve my life there. Go to shool... study ... and start in higher level then before.

I wish you many godd wishes to resolve all yours problems in USA. Maybe you should be more determinated with your life tasks there (more than I was)..

Best regards

Kamcia

TOIFL?

Do you mean TOEFL?

Sorry just amused me.

[diadromous mermaid 36]

D. Mermaid : The 1996 Welfare Reform Act states the immigrants cannot get benefits for the first 5 years. I have been to churches and, have been able to get free school meals for my son thankfully.

Shona,

I think it is time for you to get aggressive with the agencies that are denying you benefits, or approach the Department of Health and Human Services, armed with the following information. You might even consider emailing this person to enquire of how to proceed

Deeana Jang

Office for Civil Rights

U.S. Department of Health and Human Services

200 Independence Avenue, SW

Room 506-F

Washington, DC 20201

Phone: (202) 619-0403

FAX: (202) 619-3818

e-mail: djang@os.dhhs.gov

Can battered immigrants get TANF, Medicaid or State Children's Health Insurance Program (SCHIP) benefits?

It depends upon whether the state has elected to provide these benefits to "qualified aliens," whether the applicant meets the definition of "qualified alien" and whether the battered immigrant entered the country prior to 8/22/96(3) or has been in "qualified alien" status for five years. 8 U.S.C. 1613 and 1612(B). If a state provides TANF, Medicaid or SCHIP benefits to "qualified aliens," then otherwise eligible battered immigrants who meet the definition of "qualified alien" and who entered before 8/22/96 or who have been in a "qualified alien" status for five years should be eligible. It should be noted that while certain immigrants are not eligible for federally funded benefits such as TANF, Food Stamps, Medicaid or SCHIP because of their immigration status, or because they have entered the country on or after 8/22/96 and have not been in a "qualified alien" status for five years, states may elect to provide state-funded benefits including income maintenance, nutrition assistance, or health care.

How do battered immigrants qualify for programs such as TANF, Medicaid or SCHIP?

As noted above, battered immigrants who are determined to be "qualified aliens" may be eligible for certain types of public assistance such as TANF, Medicaid or SCHIP. "Qualified aliens" include lawful permanent residents, refugees and asylees, persons granted withholding of removal (deportation), persons paroled for at least a year, those granted conditional entry prior to 4/1/80, Cuban and Haitian entrants, and certain battered immigrants.

In order for battered immigrants to be considered "qualified aliens," the Immigration and Naturalization Service (INS) or the Executive Office for Immigration Review (EOIR or "immigration court") must make certain determinations regarding immigration status, and the benefits granting agency must make additional findings. To be considered a "qualified alien," a battered immigrant must show he or she has an approved OR pending petition which makes a prima facie case for immigration status under one of the following categories:

1. A Form I-130 petition filed by their spouse, or in the case of a child, by the parent or in the case of an unmarried adult son or daughter of a lawful permanent resident (LPR), by the parent.

2. A Form I-360 petition as a widow(er) of a United States citizen (USC) under 8 U.S.C. 1154(a)(1)(A)(ii).

3. An approved self-petition filed with the Immigration and Naturalization Service (INS) under the Violence Against Women Act (VAWA) on Form I-360 OR an I-360 pending with the INS, and INS has issued a Notice of Prima Facie Determination. In addition, a child of a self-petitioner may also derive immigration status from the self-petition. INS should include the names of any qualifying children on the Notice of Approval or Notice of Prima Facie Determination. Review of these VAWA applications includes a determination that the applicant has been subject to battery or extreme cruelty.

4. An application for VAWA cancellation of removal or suspension of deportation has been granted OR is pending and the immigration court finds that the applicant has a prima facie case for this relief. Review of VAWA applications for cancellation/suspension includes a determination that the applicant has been subject to battery or extreme cruelty.

The Notice of Approval or the Notice of Prima Facie Determination may be presented to benefits granting agencies as evidence of status as a "qualified alien." Benefits granting agencies may verify this using procedures outlined in the"Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," AG Order No. 2129-97, 62 Fed. Reg. 61366 (November 17, 1997).

In order to be considered a "qualified alien," the person must demonstrate that he or she has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty. The child of a battered immigrant or the parent of a battered child (as long as the parent did not actively participate in the battery or cruelty) can also be eligible for benefits. INS or the immigration court has already made the requisite determination of abuse as part of the self-petition or VAWA cancellation in the last two categories, described above. However, abuse is not part of the adjudication in the first two categories. Therefore, the benefits granting agency must make this determination. Applicants must provide evidence of battery or extreme cruelty to themselves or their children. Benefits providers are to consider any credible evidence of abuse that the applicant provides including, but not limited to, reports or affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, counseling or mental health personnel, and other social service agency personnel, protection orders, evidence that the applicant sought help from a battered women's shelter, photographs of injuries, affidavits from family members or others who have personal knowledge of the battery or extreme cruelty and the applicant's own credible affidavit.

In all of the above categories, benefits granting agencies must determine that there is a substantial connection between the need for benefits and the abuse and that they are no longer residing with the abuser. See "Guidance on Standards and Methods for Determining Whether a Substantial Connection Exists Between Battering or Extreme Cruelty and Need for Specific Public Benefits," 62 Fed. Reg. 65285 (December 11, 1997), and Exhibit B to Attachment 5 of the "Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," AG Order No. 2129-97, 62 Fed. Reg. 61366 (November 17, 1997).

[Lovetoteach 53]

D. Mermaid : The 1996 Welfare Reform Act states the immigrants cannot get benefits for the first 5 years. I have been to churches and, have been able to get free school meals for my son thankfully.

Shona,

I think it is time for you to get aggressive with the agencies that are denying you benefits, or approach the Department of Health and Human Services, armed with the following information. You might even consider emailing this person to enquire of how to proceed

Deeana Jang

Office for Civil Rights

U.S. Department of Health and Human Services

200 Independence Avenue, SW

Room 506-F

Washington, DC 20201

Phone: (202) 619-0403

FAX: (202) 619-3818

e-mail: djang@os.dhhs.gov

Can battered immigrants get TANF, Medicaid or State Children's Health Insurance Program (SCHIP) benefits?

It depends upon whether the state has elected to provide these benefits to "qualified aliens," whether the applicant meets the definition of "qualified alien" and whether the battered immigrant entered the country prior to 8/22/96(3) or has been in "qualified alien" status for five years. 8 U.S.C. 1613 and 1612(B). If a state provides TANF, Medicaid or SCHIP benefits to "qualified aliens," then otherwise eligible battered immigrants who meet the definition of "qualified alien" and who entered before 8/22/96 or who have been in a "qualified alien" status for five years should be eligible. It should be noted that while certain immigrants are not eligible for federally funded benefits such as TANF, Food Stamps, Medicaid or SCHIP because of their immigration status, or because they have entered the country on or after 8/22/96 and have not been in a "qualified alien" status for five years, states may elect to provide state-funded benefits including income maintenance, nutrition assistance, or health care.

How do battered immigrants qualify for programs such as TANF, Medicaid or SCHIP?

As noted above, battered immigrants who are determined to be "qualified aliens" may be eligible for certain types of public assistance such as TANF, Medicaid or SCHIP. "Qualified aliens" include lawful permanent residents, refugees and asylees, persons granted withholding of removal (deportation), persons paroled for at least a year, those granted conditional entry prior to 4/1/80, Cuban and Haitian entrants, and certain battered immigrants.

In order for battered immigrants to be considered "qualified aliens," the Immigration and Naturalization Service (INS) or the Executive Office for Immigration Review (EOIR or "immigration court") must make certain determinations regarding immigration status, and the benefits granting agency must make additional findings. To be considered a "qualified alien," a battered immigrant must show he or she has an approved OR pending petition which makes a prima facie case for immigration status under one of the following categories:

1. A Form I-130 petition filed by their spouse, or in the case of a child, by the parent or in the case of an unmarried adult son or daughter of a lawful permanent resident (LPR), by the parent.

2. A Form I-360 petition as a widow(er) of a United States citizen (USC) under 8 U.S.C. 1154(a)(1)(A)(ii).

3. An approved self-petition filed with the Immigration and Naturalization Service (INS) under the Violence Against Women Act (VAWA) on Form I-360 OR an I-360 pending with the INS, and INS has issued a Notice of Prima Facie Determination. In addition, a child of a self-petitioner may also derive immigration status from the self-petition. INS should include the names of any qualifying children on the Notice of Approval or Notice of Prima Facie Determination. Review of these VAWA applications includes a determination that the applicant has been subject to battery or extreme cruelty.

4. An application for VAWA cancellation of removal or suspension of deportation has been granted OR is pending and the immigration court finds that the applicant has a prima facie case for this relief. Review of VAWA applications for cancellation/suspension includes a determination that the applicant has been subject to battery or extreme cruelty.

The Notice of Approval or the Notice of Prima Facie Determination may be presented to benefits granting agencies as evidence of status as a "qualified alien." Benefits granting agencies may verify this using procedures outlined in the"Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," AG Order No. 2129-97, 62 Fed. Reg. 61366 (November 17, 1997).

In order to be considered a "qualified alien," the person must demonstrate that he or she has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty. The child of a battered immigrant or the parent of a battered child (as long as the parent did not actively participate in the battery or cruelty) can also be eligible for benefits. INS or the immigration court has already made the requisite determination of abuse as part of the self-petition or VAWA cancellation in the last two categories, described above. However, abuse is not part of the adjudication in the first two categories. Therefore, the benefits granting agency must make this determination. Applicants must provide evidence of battery or extreme cruelty to themselves or their children. Benefits providers are to consider any credible evidence of abuse that the applicant provides including, but not limited to, reports or affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, counseling or mental health personnel, and other social service agency personnel, protection orders, evidence that the applicant sought help from a battered women's shelter, photographs of injuries, affidavits from family members or others who have personal knowledge of the battery or extreme cruelty and the applicant's own credible affidavit.

In all of the above categories, benefits granting agencies must determine that there is a substantial connection between the need for benefits and the abuse and that they are no longer residing with the abuser. See "Guidance on Standards and Methods for Determining Whether a Substantial Connection Exists Between Battering or Extreme Cruelty and Need for Specific Public Benefits," 62 Fed. Reg. 65285 (December 11, 1997), and Exhibit B to Attachment 5 of the "Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," AG Order No. 2129-97, 62 Fed. Reg. 61366 (November 17, 1997).

Thank you so much. I shall be getting in touch with the above person today!!

Shona

[eau_xplain 2]

Good luck Shona! Keep us updated how it goes.

[dmartmar 1]

I rarely say things like this, but dmartmar, you are such a fukcing aszhole....BITTER AS HELL or what??? wow. I disgrace myself by speaking that way to you, but you know what? This one time, it was worth it. M.

Only those that are truly bitter resort to insults and verbal attacks.

Edited February 25, 2007 by dmartmar

[dmartmar 1]

1. You never said "go to hell and join my bills." I told you to go there with my bills, due to your nastiness.

Ok, sorry for my misunderstanding.

2. You have no idea what went on in my marriage and the abuse that both myself and my children endured. My attorney has 7 pages of it. My reasons for applying went way beyond "my husband not attending the AOS interview." If you have any idea of the VAWA, then you would know that this is insufficient.

Your attorney has 7 pages of the abuse you and your children endured, the USCIS recognized it (according to your timeline) and sent you a prima face determination, yet they still haven't adjudicated your waiver, nor are you eligible for benefits.

3. Yes I chose to adjust . That was my choice - for many reasons.

Right! Which is why I wrote that it wasn't your husband who put you in the position you're in now.

4. Do you actually think I like relying on people? Are you an abused immigrant? If not, tell me how I could have bettered myself. I'm intrigued.

I have no idea, but it sure seems that way to me. I am not an abused immigrant, but an abused USC by one.

5. If one has no income, cannot work and has a child; do you really think one has a choice in the matter whether they like it or not? It's called survival. Do tell me what you would have done in this case, since you criticise me so readily. I am not blaming it ALL on the USCIS. Taking 4 months to forward a file is excessive and saying you have some benefits when you actually can't justifies some blame. The person whom I actually blame is my ex for the abuse and the situation he has put me in.

I would've returned back home a long time ago and again you cannot blame your ex for your current situation. It was you who decided to stay, not him.

6. I am NOT teaching or working, but I am qualified to teach and yes, my son is in school.

How can your son be in school when you are not entitled to anything at all as of yet?

Ok, I'm done with you. It's obvious you cannot even start to comprehend what I'm going through. I really don't know what your problem is, but go get it sorted out before you really hurt someone emotionally. You don't want to end up becoming an abuser yourself.

Oh, believe you me, I totally DO and CAN comprehend exactly what it is that you're going through in its entirety, having lived it in the flesh and from both sides of the fence.

[Jonesie 1]

((Shona))

[MrsBruce5 0]

1. You never said "go to hell and join my bills." I told you to go there with my bills, due to your nastiness.

Ok, sorry for my misunderstanding.

2. You have no idea what went on in my marriage and the abuse that both myself and my children endured. My attorney has 7 pages of it. My reasons for applying went way beyond "my husband not attending the AOS interview." If you have any idea of the VAWA, then you would know that this is insufficient.

Your attorney has 7 pages of the abuse you and your children endured, the USCIS recognized it (according to your timeline) and sent you a prima face determination, yet they still haven't adjudicated your waiver, nor are you eligible for benefits.

3. Yes I chose to adjust . That was my choice - for many reasons.

Right! Which is why I wrote that it wasn't your husband who put you in the position you're in now.

4. Do you actually think I like relying on people? Are you an abused immigrant? If not, tell me how I could have bettered myself. I'm intrigued.

I have no idea, but it sure seems that way to me. I am not an abused immigrant, but an abused USC by one.

5. If one has no income, cannot work and has a child; do you really think one has a choice in the matter whether they like it or not? It's called survival. Do tell me what you would have done in this case, since you criticise me so readily. I am not blaming it ALL on the USCIS. Taking 4 months to forward a file is excessive and saying you have some benefits when you actually can't justifies some blame. The person whom I actually blame is my ex for the abuse and the situation he has put me in.

I would've returned back home a long time ago and again you cannot blame your ex for your current situation. It was you who decided to stay, not him.

6. I am NOT teaching or working, but I am qualified to teach and yes, my son is in school.

How can your son be in school when you are not entitled to anything at all as of yet?

Ok, I'm done with you. It's obvious you cannot even start to comprehend what I'm going through. I really don't know what your problem is, but go get it sorted out before you really hurt someone emotionally. You don't want to end up becoming an abuser yourself.

Oh, believe you me, I totally DO and CAN comprehend exactly what it is that you're going through in its entirety, having lived it in the flesh and from both sides of the fence.

Seems like you've gone off those meds again, haven't ya cupcake?

[Lovetoteach 53]

1. You never said "go to hell and join my bills." I told you to go there with my bills, due to your nastiness.

Ok, sorry for my misunderstanding.

2. You have no idea what went on in my marriage and the abuse that both myself and my children endured. My attorney has 7 pages of it. My reasons for applying went way beyond "my husband not attending the AOS interview." If you have any idea of the VAWA, then you would know that this is insufficient.

Your attorney has 7 pages of the abuse you and your children endured, the USCIS recognized it (according to your timeline) and sent you a prima face determination, yet they still haven't adjudicated your waiver, nor are you eligible for benefits.

3. Yes I chose to adjust . That was my choice - for many reasons.

Right! Which is why I wrote that it wasn't your husband who put you in the position you're in now.

4. Do you actually think I like relying on people? Are you an abused immigrant? If not, tell me how I could have bettered myself. I'm intrigued.

I have no idea, but it sure seems that way to me. I am not an abused immigrant, but an abused USC by one.

5. If one has no income, cannot work and has a child; do you really think one has a choice in the matter whether they like it or not? It's called survival. Do tell me what you would have done in this case, since you criticise me so readily. I am not blaming it ALL on the USCIS. Taking 4 months to forward a file is excessive and saying you have some benefits when you actually can't justifies some blame. The person whom I actually blame is my ex for the abuse and the situation he has put me in.

I would've returned back home a long time ago and again you cannot blame your ex for your current situation. It was you who decided to stay, not him.

6. I am NOT teaching or working, but I am qualified to teach and yes, my son is in school.

How can your son be in school when you are not entitled to anything at all as of yet?

Ok, I'm done with you. It's obvious you cannot even start to comprehend what I'm going through. I really don't know what your problem is, but go get it sorted out before you really hurt someone emotionally. You don't want to end up becoming an abuser yourself.

Oh, believe you me, I totally DO and CAN comprehend exactly what it is that you're going through in its entirety, having lived it in the flesh and from both sides of the fence.

What part of "I'm done with you" do you not understand. YOU need to be ignored.