Does he have a case for 'extreme cruelty'?

[Transborderwife 4,666]

5 minutes ago, hellovisajourney1 said:

 They can't really do much since he can't even be served with papers.  It's a misdemeanor and he's in another state, so they would not extradite him back here.  His exact whereabouts are unknown to me.

 

I do have one more question, though, and that is....how much weight will they give to the letter from the senator?  

 

Also, how much weight will they give to the fact he's an Iranian optical and nuclear engineer (field is 90% military--and he worked with power grids which is actually a big target for terrorists)?  He has been unemployed for more than a year yet somehow has a source of income (he has no savings).  He used to disappear for hours/days with poor explanations of his whereabouts (I had assumed cheating) and was extremely secretive about who his friends were.  I reported this to USCIS, of course, and presumably my senator mentioned it as well when he advocated for me.

You've done what you can...live and let live.  Even if he ROC's on his own, I'm sure it'll all catch up someday.  Focus on getting yourself mentally and physically healthy.  Not revenge.

[Dianalorena 1,153]

I am not providing legal advice because others have already said most of it.  I'm genuinely, terribly sorry you're going through this. I felt my stomach hurting just by reading it. The advice I can give is of the emotional kind. I know that you would want to have him deported for all he's put you through ,but think of him as a sick person Getting as far away as possible will benefit you so you can start your healing process. You've gone through hell and need a break from all of it. Get close to those who love you, and move on. I know it's easier said than done, but I feel you will just exhaust yourself trying to stop him and staying close to him is toxic. Not worth it. 

Big hug and I wish you the best! 

 

[Villanelle 4,122]

19 hours ago, hellovisajourney1 said:

 They can't really do much since he can't even be served with papers.  It's a misdemeanor and he's in another state, so they would not extradite him back here.  His exact whereabouts are unknown to me.

 

I do have one more question, though, and that is....how much weight will they give to the letter from the senator?  

 

Also, how much weight will they give to the fact he's an Iranian optical and nuclear engineer (field is 90% military--and he worked with power grids which is actually a big target for terrorists)?  He has been unemployed for more than a year yet somehow has a source of income (he has no savings).  He used to disappear for hours/days with poor explanations of his whereabouts (I had assumed cheating) and was extremely secretive about who his friends were.  I reported this to USCIS, of course, and presumably my senator mentioned it as well when he advocated for me.

To answer your question... its complicated and the best I can offer is speculation. Thats honestly the most accurate answer I can give. For ROC there are several waiver options, divorce, extreme cruelty (VAWA category) and hardship. 

 

You can choose one or more waiver options. Its even possible to select cruelty or hardship and then when you are failing to convince them ask for them to switch you to divorce (if the divorce has since happened) and they often will.

 

Now speaking in very loose terms (meaning based in laws/policies but not word for word) each type of waiver petition is treated a bit differently. For a divorce or hardship it follows the same 'rules' as any other petition. Basically anything the petitioner submits can be verified. So if theres any mention of you, then USCIS can verify what was said that you said or did by speaking to you. They also can call you in for sworn testimony if they choose. You often see a lot of people who are divorced worried about this happening and while it is a possibility they rarely do it. Would they do it in your case? I dont know, you should try to get yourself in with out them asking, but Ill get into that in a bit.

 

For extreme cruelty- that falls under the VAWA umbrella and there are strict laws regarding that process. You have to look at it from the other side, as a victim. Because he would infact be claiming to be the victim in that scenario. If he was a legit victim, well, the laws provide protections. They will not go and speak to the 'abuser' about what happened. Its all done based on the one side- the victims side. The victim has to basically provide enough proof it happened and there is no actual 'rebuttal' that you mention. 

 

People on the other side of VAWA cases whether its 360 or 751 who are labeled the abusers often want to rebut things. They do as you have done which is send in documents and letters. These are given some weight by USCIS depending on what they contain- but you will never ever be brought in to be interviewed or questioned based on privacy laws and simply the fact that they do not listen to or question the abuser on what happened. 

 

Have you read Brians post in this subforum on reporting fraud to the USCIS via the FDNS officer? Each office should have an FDNS officer. There is lots of info in his thread about it and how to make it happen so I dont want to repeat it all here but will answer any questions you may have after reading through it.

 

You have to go in person via infopass and specifically request to speak to them. You may get a hard time you may not. Its sort of one of their well kept secrets. If they turn you away ask why- is it because the officer is not in that day (should you come back another day?) Is it that the Officer does not take walk ins? (then how) You have to be aggressive with out being too aggressive. Depending on the documents you have the FDNS Officer can open a case. Again this is all going to be under various privacy regulations so you will never be told directly what is going on, but from what Ive observed (and Ive seen 3 different people get positive results) you can pretty much tell if they are interested in your case or not. They would follow up with you (providing NO information) but like I said you can kind of tell because they'll call and ask for more info or clarification or be open to you bringing additional stuff in. 

 

Honestly for all cases USCIS is not going to tell you squat about whats going on, but I hope I explained the differences in privacy levels between the types...

 

Based on what you said he is probably going the VAWA cruelty route. To get approved under that is.. hmm how do I say it. It can be done via fraud. There are many posts about VAWA fraud on here you can read about as well as legit victims stories. The gauntlet swings wide on this. Some people with legit claims struggle to be approved and some posting about fraud post about how easy it seemed to have been for the fraudulent filer.

 

Abuse can be physical or mental. He has no physical abuse case and you should take extreme care to never end up alone with him. Do not let him in if he shows up one day. He could potentially injure himself and call the police alleging you did it to him. Since you are still married (even though seperated) it will be treated as DV.

 

So physical abuse proof is out. For mental abuse one has to get a diagnosis of PTSD or severe anxiety, major depression etc. You also typically provide a letter from the psych dr as well as proof of taking meds. There is a min number of sessions needed to get someone to write a letter and because its mental... well, its hard to prove whats in or not in someones head. With research someone CAN go to a Dr and play the part of a trauma victim and get meds and a psych eval. USCIS will accept the Drs eval and give it a lot of weight because- I dont know they just do. Its odd. With something like SS if you claim to be mentally ill you submit your own Drs stuff and they have the right to ask you to go to their Dr- USCIS has no such policy. Often lawyers take these cases pro-bono or at low cost. They also know of Drs in the area that write these types of immigration evaluations and will refer the clients to them. You pay the Dr so some might suggest that not all Drs are hardlined and are examining the patient thoroughly for potential fraud. There are tons of resources online that talks about VAWA fraud and the ease it can be committed with.  

 

So your net step if you want to pursue this further is the FDNS officer. Theres also a link at the bottom of VJ for how to contact ICE with tips. You can report him there for suspicious activity as well. (they dont typically get back to anyone unless they need more info). I know its frustrating with all these privacy issues but you have to try think- what if the shoe was on the other foot. If you were a legit victim- how much power and voice would you want the abuser to have?

 

Anyway, I hope you are doing well health wise and sincerely wish you peace in life for the future.