VAWA, Part 8

[luoboy 0]

2 minutes ago, Hopeful diva said:

I don't think the problem here is whether you came in legally or not. Even illegals adjust their status via vawa. Also, I don't think your concern should be whether the US govt can or cannot deport an immigrant who is a habitual drunkard. Your concern now is how to show good moral for a vawa process and like sandra said, it's almost impossible now with all those DUIs and arrests you have on your record. 

And ultimately, if you are not able to get a vawa approval and have your status adjusted, then you are still vulnerable to deportation

I keep checking my Alien number to find if I have any NTA or court date but it says I don't. I come from a very strong political family in the nation I am from. After I came here the political climate changed and members of my ethnicity are being targeted for persecution. Fellow members of my ethnicity have been able to win asylum on grounds of fear of political persecution and moreover some had violent felony convictions. Prior to the DUI arrests I had never been arrested.

[gramercy 141]

32 minutes ago, luoboy said:

http://www.washingtonexaminer.com/court-rules-habitually-drunk-illegal-immigrant-cant-be-deported/article/2586799

A federal appeals court has ruled that the U.S. cannot deport an illegal immigrant who is a "habitual drunkard."

In a 2-to-1 decision by the western 9th Circuit Court of Appeals, the judges decided the condition has been wrongly equated with poor moral character and instead is a medical disease.

The decision overlooked an immigration law established by Congress five decades ago that had made it difficult for a person caught living in the country illegally to evade deportation for embodying symptoms of a "habitual drunkard."

I came in legally with a student visa in December 2007.

@luoboyYou may need to need to explore other options than VAWA.

Being "the worst wife ever", or cheating or having children with other people are signs of a bad marriage not necessarily an abusive one

The deportation ruling and how you entered the US are a separate matter, As for VAWA we all have to prove good moral character. It may be frustrating but this would be a risky uphill battle that's very hard to win.

Please be safe & don't drive again while drunk

[Hopeful diva 99]

2 minutes ago, luoboy said:

I keep checking my Alien number to find if I have any NTA or court date but it says I don't. I come from a very strong political family in the nation I am from. After I came here the political climate changed and members of my ethnicity are being targeted for persecution. Fellow members of my ethnicity have been able to win asylum on grounds of fear of political persecution and moreover some had violent felony convictions. Prior to the DUI arrests I had never been arrested.

Have you tried to seek asylum? Vawa may not be the best route for you right now 

[luoboy 0]

13 minutes ago, Hopeful diva said:

This is for U-visa. Are you trying to apply for U visa or vawa?

 

13 minutes ago, Hopeful diva said:

This is for U-visa. Are you trying to apply for U visa or vawa?

There is another article that says it applies both VAWA and U visa during that same session question and answer section. Am trying to find it and its that same article from where I was motivated to do my research. Just that I found it through my phone but have failed to find it through VAWA.

[Hopeful diva 99]

1 minute ago, luoboy said:

 

There is another article that says it applies both VAWA and U visa during that same session question and answer section. Am trying to find it and its that same article from where I was motivated to do my research. Just that I found it through my phone but have failed to find it through VAWA.

I really think that you should file for asylum. This is probably your best bet and where you fit in based on your political persecution, situation and history 

https://www.uscis.gov/humanitarian/refugees-asylum/asylum

[atlteddy 7]

2 minutes ago, luoboy said:

 

There is another article that says it applies both VAWA and U visa during that same session question and answer section. Am trying to find it and its that same article from where I was motivated to do my research. Just that I found it through my phone but have failed to find it through VAWA.

I do not think you are qualified for either VAWA or U visa. Like Sandra said, do not make excuses and take responsibilities for your wrongdoings. Good luck with your life mate.

[luoboy 0]

3 minutes ago, luoboy said:

 

There is another article that says it applies both VAWA and U visa during that same session question and answer section. Am trying to find it and its that same article from where I was motivated to do my research. Just that I found it through my phone but have failed to find it through VAWA.

*I have failed to find it on computer.

[luoboy 0]

 

18 minutes ago, gramercy said:

@luoboyYou may need to need to explore other options than VAWA.

Being "the worst wife ever", or cheating or having children with other people are signs of a bad marriage not necessarily an abusive one

The deportation ruling and how you entered the US are a separate matter, As for VAWA we all have to prove good moral character. It may be frustrating but this would be a risky uphill battle that's very hard to win.

Please be safe & don't drive again while drunk

My first two DUIs car was not in motion and was off they both pending in court.The third one I gave in so easy but could win because I had no bond but I was pulled over because of no tag lights.

I was advised by family members, including Mrs. "worst wife" ever and my daughters mother to avoid driving till I am done with my probation which will be done next month. I don't drink that much no more. Even if I am stressed out.

[luoboy 0]

24 minutes ago, Hopeful diva said:

Have you tried to seek asylum? Vawa may not be the best route for you right now 

I have thought about it though remember I came in Dec 2007 and civil war broke out in a nation next to mine though covers the region I am from in my nation in 2013.Political climate in my nation worsened in early 2016 especially for the elites from the my ethnic group.

They say you have to be here for less than 1 year to qualify for asylum according to an attorney whom I spoke to yesterday, she also discouraged VAWA because of the DUIs. She advised on my wife coming through on i130 something she says she will do but I also fear she just wants to use that to convince me to get back to Seattle, Washington.

 

[Hopeful diva 99]

4 minutes ago, luoboy said:

I have thought about it though remember I came in Dec 2007 and civil war broke out in a nation next to mine though covers the region I am from in my nation in 2013.Political climate in my nation worsened in early 2016 especially for the elites from the my ethnic group.

They say you have to be here for less than 1 year to qualify for asylum according to an attorney whom I spoke to yesterday, she also discouraged VAWA because of the DUIs. She advised on my wife coming through on i130 something she says she will do but I also fear she just wants to use that to convince me to get back to Seattle, Washington.

 

Well, Maybe you should just consider getting your status changed through your wife. It seems like this is the only way that you can move forward now. 

[luoboy 0]

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Good Moral Character and VAWA
Don’t be Intimidated by Criminal Convictions

Posted by Tracie L. Klinke on Aug 14, 2016

Last week, we had a difficult VAWA case approved. It wasn’t difficult because of a lack of proof regarding the domestic violence or the relationship – that was all extremely well-documented. It wasn’t even difficult because our client, we’ll call her Judy, has an order of removal. What’s made this case difficult is that Judy has a federal conviction for using a fraudulent passport.

In order to have Judy’s VAWA case approved – we’re not even talking about her eventual green card application – we had to show that she has good moral character for at least the three years before she filed her I-360. This is true for any VAWA applicant. But what is good moral character?

The Immigration and Nationality Act (INA) tells us what good moral character isn’t, which is a bit helpful. The list is found at INA § 101(f), but includes items such as prostitution, a conviction for an aggravated felony, participation in genocide, and most controlled substance convictions.

For immigrant domestic violence applicants, a conviction under INA § 101(f) doesn’t mean that they cannot be approved for VAWA, though. There may exceptions available and there may be waivers available. We have a client whose approval this past week is a perfect example of not giving up just because a criminal history looks daunting.

When VAWA was reauthorized in 2000, there was a change made that eased the good moral character self-petitioners and an act or conviction under INA § 101(f). If a waiver could be available to your client for the offense AND there is a connection between the offense and the battery or extreme cruelty, then the good moral character standard could be relaxed significantly.

A good example of would be if the abuser forced the self-petitioner to steal $10,000, telling her that if she didn’t he would report her to ICE and take away her kids.  If she was arrested and convicted of an aggravated felony and could show USCIS that her spouse forced her into this criminal scheme, it would help her to get her to show she acted under duress and show that she has good moral character.

In Judy’s case, she was sentenced to a felony before she met her abusive petitioner. How did we show that she possessed good moral character and get her VAWA case approved despite this? Her felony conviction was more than three years ago, which is outside the required time-period required for VAWA. That wasn’t enough, though.

We also showed that she should have the opportunity to apply for a waiver in the future, when she applies for her green card. We didn’t have to show that she would win her waiver now – just that she could apply for an I-601 waiver when she applies for her green card. Yes, that’s right, we explained the law to USCIS. Another tactic we took was to show that Judy was rehabilitated, that she is an excellent mother, and that she’s doing everything she can to comply with the law.

There’s still a lot of work to do in Judy’s case, but we have the foundation we need for her green card. If we had been intimidated by her criminal conviction, we never would have tried and now we’re on the cusp of changing her life.

– Tracie

Tracie L. Klinke, Esq.

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[luoboy 0]

2 minutes ago, Hopeful diva said:

Well, Maybe you should just consider getting your status changed through your wife. It seems like this is the only way that you can move forward now. 

I know its really difficult, But trying to explore all possibilities so that incase the NTA comes I have all my arsenal well equipped for court. I know I have no option but to hire a lawyer this time. 

[gramercy 141]

27 minutes ago, luoboy said:

 

My first two DUIs car was not in motion and was off they both pending in court.The third one I gave in so easy but could win because I had no bond but I was pulled over because of no tag lights.

I was advised by family members, including Mrs. "worst wife" ever and my daughters mother to avoid driving till I am done with my probation which will be done next month. I don't drink that much no more. Even if I am stressed out.

Good, your safety comes first. I wish you good luck with your treatment & status adjustment. You might want to check into Asylum forums, you might qualify if subjected to threats back in your home country. Best of luck

[luoboy 0]

I was also a victim of armed robbery in May 2016 and its through my testimony that the offender pled guilty so I don't know if that can qualify for a U visa.

[Jawaree 718]

Did you get certification on the case from the police dept yet