VAWA, Part 7

[road runner 1]

@VAWAGUY I believe you alreDy received your answer. Please do not disrespect the group because many of us years later are still in therapy due to our abuse.

Since you apparently have all the answer, then I don't thing you need Sandraj or this group.

Do not try and abuse the system sir.

ThAnk you & best of luck with whatever you are attempting to gain from this group because we will not help you to pull a fast on the legal system.

I am in therapy too, DaBabe83 so I hope I'm welcome to the club.

Please point me to where I've shown disrespect so I can correct it. I personally don't think that I've crossed any lines.

I am only asking for an opinion.

[EM_Vandaveer 2,408]

Thanks for getting back to me EM_Vandaveer

What my wife did and still does is called extortion and it's considered felony:

"Extortion is a crime in which one person forces another person to do something against his will, generally to give up money or other property, by threat of violence, property damage, damage to the persons reputation, or extreme financial hardship."

"....extortion requires that the offender make a verbal or written threat..."

"Extortion does not usually require that the offender threaten to commit a criminal act as long as the threat attempts to obtain money, property, or to force the victim to act against their will. For example, a threat to bring criminal charges or file a police report unless money is paid is still extortion, even though the offender may have every right to file a police report. By coupling the legal act with the illegal act of demanding payment to not act, the offender has committed extortion."

There is a lot to talk about abuse. Abuse as is taken into consideration in a VAWA case, could be also mental abuse, not only physical.

The forms of abuse accepted in a VAWA case are multiple:

"FORMS OF ABUSE

Abusers use many tactics to establish and retain control over their victims. While in some cases only one instance of abuse will be sufficient to establish a case of extreme cruelty, other situations may require a victim to establish that many different acts, when examined collectively over a period of time, constitute extreme cruelty. Extreme cruelty can include the following conduct:

- Intimidation and degradation;

- Economic and employment-related abuse (such as forced labor or unemployment);

- Social Isolation;

- Sexual Abuse, which includes rape as well as other forms of sexual behavior;

- Immigration-related abuse;

I fall in the last category, IMMIGRATION-RELATED ABUSE which is defined as:

"When immigration related abuse is present in a relationship it is a key indicator of extreme cruelty.

Abusers of immigrant women/men often threaten to report their victims to the immigration authorities.

When immigrant women/men are dependent on their partners for legal immigration status, are undocumented, or have a vulnerable non-permanent immigration status, the power of immigration related abuse is accentuated.

Immigrant women/men are placed in the untenable position of having to choose between living with ongoing and escalating abuse or taking action to stop the abuse and risking deportation. Others believe that they will be turned away from help by social services, health care and the justice system because they are non-citizens."

"Battery and/or Extreme Cruelty

VAWA requires that the self-petitioner show that she and/or her child has been battered or has been the subject of extreme cruelty by a U.S. citizen or LPR spouse, parent, or child.25 For spousal cases, this must occur during the marriage.26 The federal regulations define abuse broadly to encompass physical, sexual, and psychological acts, as well as economic coercion.27 Other acts that may constitute abuse include:

Threats to beat or terrorize her;

Verbal abuse such as calling her names and/or obscenities or putting her down;

Hitting, punching, slapping, kicking, or hurting her in any way;

Emotional abuse, such as insulting her at home or in public;

Sexual abuse or exploitation, including molestation, rape, or forced prostitution;

Threats to take her children away or hurt them;

Threats to deport her or turn her into the immigration authorities;

Controlling where she goes, what she can do, and whom she can see;

Forcibly detaining her;

Engaging in a pattern of acts that when considered alone would not normally constitute abuse; and/or

Threats or committed acts of violence against a third person or thing, such as animals or objects, in order to scare or pacify her.

Extreme Cruelty

VAWAs immigration provisions define domestic violence more broadly than most state domestic violence statutes.59 In addition to physical and sexual abuse, VAWAs definition includes extreme cruelty, defined as:

being the victim of any act or a threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation incest (if the victim is a minor) or forced prostitution shall be considered acts of violence. Other abusive actions may also be acts of violence under this rule. Acts or threatened acts that, in and of themselves, may not initially appear violent may be part of an overall pattern of violence.60

So, do you still think my case is exceptionally weak?

Thanks and sorry for the super long posting

Would be really interested in sandranj's oppinion, though not pushing anything.

Talk to you all later

Yes, I do think so. None of the things you list has happened while you were living with your wife.

I myself am interested in sandranj's opinion of your case.

[jpsingh 0]

Thanks Sandranj & Merrytooth for your reply.

Sandranj: I have not pleaded guilty, the case is with court . After hiring attorney I Pleaded not guilty .. I have bond with the court to appear for not guilty.

Also I was not aware that I should not accept the ticket for the misdemeanor. If I was knowing the law, I could have done that.

Moreover my Mother in law & Father in law witnessed against me , & I was helpless.

Pls guide me what should I do as once after getting case dismissed (hopefully Being Positive) I want to File for VAWA.

Q1) Anybody from TEXAS , Can pls help me to Find

1. Shelter: where I can stay in cheapest way like community center or anywhere (As attorneys are taking lot of money ) & I have no place to live.
   
2. Psychologist : pls suggest good psychologist having good track record and how can i get medicaid in Texas to pay them.
   
3. Best VAWA Attorney : I want to hire for my interview in case I found someone very genuine.
   

Q2) Should I file VAWA from Texas (e.g. Dallas/Fortworth area, or Houston) or Should I File from California or Minnesota or any other states which gives maximum benefit to the VAWA immigrants once Prima facie is received. Guys Pls Suggest.

Pls guide me on this thread or via PM whatever convenient to you.

[road runner 1]

Yes, I do think so. None of the things you list has happened while you were living with your wife.

I myself am interested in sandranj's opinion of your case.

Well EM_Vandaveer, opinions without arguments do not weigh too much.

Everything happened while we were legally married. If she decided to take off just to start extorting me, that's just a bad decision and doesn't have any relevance to the case. Extortion spells the same even if it's done by a spouse.

We are still married because she's still hoping I will surrender to her extortionist threats and that I will send her the money. She still thinks I need her to for the interview on the initial sponsoring application.

I entered this marriage in good faith while she only wanted to put me in this impossible situation with the help of her accomplice.

Looking forward to Sandra's feedback in case she cares to provide it.

[Villanelle 4,122]

I will chime in as Sandra appears to be done posting tonight...

Vawaguy - you posted it yourself. Please go back and re-read. "FORMS OF ABUSE

Abusers use many tactics to establish and retain control over their victims. While in some cases only one instance of abuse will be sufficient to establish a case of extreme cruelty, other situations may require a victim to establish that many different acts, when examined collectively over a period of time, constitute extreme cruelty. Extreme cruelty can include the following conduct:"

In regards to "Immigration related abuse" that falls under 'many acts'. You do NOT qualify under VAWA for the sole act of immigration abuse.

Furthermore:

• Abused spouses must additionally prove that the marriage was entered into in good faith, that the abuse occurred during the marriage, and that the marriage is still valid or was terminated less than two years prior to self-petitioning.
• The abuse must have occurred in the United States, and the victim must have lived with the abuser.

[Merrytooth 5,748]

Well EM_Vandaveer, opinions without arguments do not weigh too much.

Everything happened while we were legally married. If she decided to take off just to start extorting me, that's just a bad decision and doesn't have any relevance to the case. Extortion spells the same even if it's done by a spouse.

We are still married because she's still hoping I will surrender to her extortionist threats and that I will send her the money. She still thinks I need her to for the interview on the initial sponsoring application.

I entered this marriage in good faith while she only wanted to put me in this impossible situation with the help of her accomplice.

Looking forward to Sandra's feedback in case she cares to provide it.

Why can't you divorce and move on?

All these while you have been overstaying, no fear of deportation and own a business as well.

[road runner 1]

I will chime in as Sandra appears to be done posting tonight...

Vawaguy - you posted it yourself. Please go back and re-read. "FORMS OF ABUSE

Abusers use many tactics to establish and retain control over their victims. While in some cases only one instance of abuse will be sufficient to establish a case of extreme cruelty, other situations may require a victim to establish that many different acts, when examined collectively over a period of time, constitute extreme cruelty. Extreme cruelty can include the following conduct:"

In regards to "Immigration related abuse" that falls under 'many acts'. You do NOT qualify under VAWA for the sole act of immigration abuse.

Furthermore:

• Abused spouses must additionally prove that the marriage was entered into in good faith, that the abuse occurred during the marriage, and that the marriage is still valid or was terminated less than two years prior to self-petitioning.
• The abuse must have occurred in the United States, and the victim must have lived with the abuser.

For some reason I can't find your arguments Damara.

Where does it say that the Immigration related abuse can't fall under "one instance" ?

[Merrytooth 5,748]

Thanks Sandranj & Merrytooth for your reply.

Sandranj: I have not pleaded guilty, the case is with court . After hiring attorney I Pleaded not guilty .. I have bond with the court to appear for not guilty.

Also I was not aware that I should not accept the ticket for the misdemeanor. If I was knowing the law, I could have done that.

Moreover my Mother in law & Father in law witnessed against me , & I was helpless.

Pls guide me what should I do as once after getting case dismissed (hopefully Being Positive) I want to File for VAWA.

Q1) Anybody from TEXAS , Can pls help me to Find

• Shelter: where I can stay in cheapest way like community center or anywhere (As attorneys are taking lot of money ) & I have no place to live.
• Psychologist : pls suggest good psychologist having good track record and how can i get medicaid in Texas to pay them.
• Best VAWA Attorney : I want to hire for my interview in case I found someone very genuine.

Q2) Should I file VAWA from Texas (e.g. Dallas/Fortworth area, or Houston) or Should I File from California or Minnesota or any other states which gives maximum benefit to the VAWA immigrants once Prima facie is received. Guys Pls Suggest.

Pls guide me on this thread or via PM whatever convenient to you.

Again you are trying to enter US with tourist visa.

The last time you entered you tried to AOS. What make you think that CBP at POE will let you in this time?

Plus you are intending to become public charge using free benefits on tourist visa, you do not show the financial means to support yourself in US.

[Villanelle 4,122]

Eh Im not a VAWA attny- Sandra is. So you can wait for her to come back and post when she has the time or you can take my word for it. She has posted it many many times on VJ. You can try to search for it. But these are things that a qualified attny can advise you. Are you using a VAWA specific attny? What have they told you?

[jpsingh 0]

Again you are trying to enter US with tourist visa.

The last time you entered you tried to AOS. What make you think that CBP at POE will let you in this time?

Plus you are intending to become public charge using free benefits on tourist visa, you do not show the financial means to support yourself in US.

@Merrytooth , I understand your concern & all risks.

As per my AoS Immigration lawyer, I have court dates , The CBP can allow me to reconcile & allow entry for the court dates. Let us BE Positive for this.

I have money to sustain but not too much to give or go everywhere or try everything with this limited money.

I need help of all of you guys on my Pain Points.

Q1) Anybody from TEXAS , Can pls help me to Find

• Shelter: where I can stay in cheapest way like community center or anywhere (As attorneys are taking lot of money ) & I have no place to live.
• Psychologist : pls suggest good psychologist having good track record and how can i get medicaid in Texas to pay them.
• Best VAWA Attorney : I want to hire for my interview in case I found someone very genuine.

Q2) Should I file VAWA from Texas (e.g. Dallas/Fortworth area, or Houston) or Should I File from California or Minnesota or any other states which gives maximum benefit to the VAWA immigrants once Prima facie is received. Guys Pls Suggest.

Edited August 16, 2016 by jpsingh

[Villanelle 4,122]

I mean you can believe what you like. Besides Sandra and a few others most on here are just average people trying to help each other. So I am telling you- the snippet posted above where it says in some instances one act is enough others must be more- in practice 'immigration related abuse' falls under more then one act needed.

Sandra has posted the following many times:

Mental abuse is a pattern characterized by control,humiliation,degradation,threat,isolation etc..but to have a Vawa based in extreme cruelty approved you need to have a psychological evaluation done and you should be diagnosed with major depression and or post traumatic disorder.

[road runner 1]

Eh Im not a VAWA attny- Sandra is. So you can wait for her to come back and post when she has the time or you can take my word for it. She has posted it many many times on VJ. You can try to search for it. But these are things that a qualified attny can advise you. Are you using a VAWA specific attny? What have they told you?

Damara, let's wait for Sandra then!

Cheers

[Cheezees 1,514]

Again you are trying to enter US with tourist visa.

The last time you entered you tried to AOS. What make you think that CBP at POE will let you in this time?

Plus you are intending to become public charge using free benefits on tourist visa, you do not show the financial means to support yourself in US.

jpsingh, please read Merrytooth's post. Seriously, you are hoping to return to the country of your "abuser" in hopes that my tax dollars will pay for your stay and medical treatment while on a TOURIST VISA. Why do you believe this is feasible?

[road runner 1]

I mean you can believe what you like. Besides Sandra and a few others most on here are just average people trying to help each other. So I am telling you- the snippet posted above where it says in some instances one act is enough others must be more- in practice 'immigration related abuse' falls under more then one act needed.

Sandra has posted the following many times:

Damara, I could also use a link if you want to point me in the right direction.

I understand you've been around here a while so I take it you know the forum better. I believe the purpose of this forum is that people like us to search for and get support in their vawa cases.

I look forward to your support and to that link where I can read whatever you wanted me to read.

Thanks

[Villanelle 4,122]

well every case is going to be different. Theres a search bar on the top of the page. You can enter a variety of keywords or even go to Sandranjs profile and read just her recent postings.

Here is a in-depth 'how to file VAWA' for attnys. Please see page 9

"“Extreme Cruelty” VAWA’s immigration provisions define domestic violence more broadly than most state domestic violence statutes.59 In addition to physical and sexual abuse, VAWA’s definition includes “extreme cruelty,” defined as: being the victim of any act or a threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation incest (if the victim is a minor) or forced prostitution shall be considered acts of violence. Other abusive actions may also be acts of violence under this rule. Acts or threatened acts that, in and ofthemselves, may not initially appear violent may be part of an overall pattern of

violence."

Please read carefully. Other acts may be acts of violence/ part of an overall pattern of violence.

I am not making this up. Many posts constitute of financial abuse and the same answer is given. An act of that type of abuse ALONE is also not enough. You need a pattern. A good VAWA attny can use immigration related use to show a pattern. A bad one would file with that as the only ground.VAWA law is extremely complex. Not all immigration attnys are versed in it... Sadly some that claim to be arent.

Also as stated above you need to show the abuse was in the US and you resided with your spouse. It does not state specifically how long you have to have resided with them but it is very hard to get approved if you did not reside with them or lack proof of it.

http://www.lsc.gov/sites/default/files/LSC/pdfs/11.%20Appendix%20X%20%20BB%20CHP%20Self-Petitioning.pdf