Vawa

[goodmorningtokio 0]

I have question for you guys. I'm filing for vawa petition and I was wondering, what happens to the abuser after filing for the petition? Does it affect their record like background check or smiliar? Thank you!

[Transborderwife 4,666]

I don't believe so.  I do have to question though, why does it matter?

[goodmorningtokio 0]

9 minutes ago, Transborderwife said:

I don't believe so.  I do have to question though, why does it matter?

Even though  I have been abused I still care about my spouses future. I know it sounds stupid and I shouldn't have any remorse for person who put me in that kind of situation. 

[Transborderwife 4,666]

Well that's your choice, but if I was being abused, I would not look back 

[K1/CR1 inquiring 1]

hmm

Edited July 19, 2017 by Wright/Fatajo

[Going through 5,671]

It doesn't affect their record in any way, and in fact they won't even know you filed.

 

And I fully understand why you still care for your spouse.  You are still a compassionate human with empathy for others no matter what hell you've been through, and probably more so because you have been through hell...you know what it's like to be harmed, and to be hurt and you don't wish that even on your worst enemy.  There's nothing wrong with you for being compassionate towards him still because you did have a life together with good and bad memories, so please don't feel guilty for that feeling.  

 

If anything, take comfort in the fact that it shows you are a much better human than him in how you treat people.

[goodmorningtokio 0]

10 minutes ago, Going through said:

It doesn't affect their record in any way, and in fact they won't even know you filed.

 

And I fully understand why you still care for your spouse.  You are still a compassionate human with empathy for others no matter what hell you've been through, and probably more so because you have been through hell...you know what it's like to be harmed, and to be hurt and you don't wish that even on your worst enemy.  There's nothing wrong with you for being compassionate towards him still because you did have a life together with good and bad memories, so please don't feel guilty for that feeling.  

 

If anything, take comfort in the fact that it shows you are a much better human than him in how you treat people.

Thank you. I appreciate your kind and understanding words. He is trying to get a job in government field and I'm just worried that vawa petition will affect his record and he won't be able to get the job. I spoke to my lawyer and he said it might show up on his background check. That's why I hesitated and tried to reach out for others opinion. 

[Going through 5,671]

If you've ever applied for an order of protection against him, or filed domestic abuse charges against him, yes that will show up in a background check.  

 

As far as them finding out about a VAWA?  I suppose it would depend on how deeply they would dig, if they required information on his spouse (like your name, date of birth, SS#) and checked into you as well.  It would also probably depend if the government database he is going to work in would share information with the USCIS immigration databases though, which I think would be highly unlikely unless he's planning on getting a job with the FBI or something like that.  I'd get a second opinion with a different lawyer if you're concerned.

[goodmorningtokio 0]

No. I have never applied for an order of protection or filed for domestic abuse. Thank you Going through for your help. It makes me feel much better but I shall call another lawyer to see what he/she will say about it. Thank you!

[goodmorningtokio 0]

As I read they do federal, state and local background checks. Vawa petition isn't an offense or a crime when it's filled against a person. Is that correct?

[Going through 5,671]

3 minutes ago, goodmorningtokio said:

As I read they do federal, state and local background checks. Vawa petition isn't an offense or a crime when it's filled against a person. Is that correct?

That is correct.

[goodmorningtokio 0]

So if I'm understanding correct filing for vawa petition won't show up on my husband's background check, even if they do FBI check. 

[kzielu 1,149]

20 hours ago, goodmorningtokio said:

So if I'm understanding correct filing for vawa petition won't show up on my husband's background check, even if they do FBI check. 

No. Just without evidence your VAWA petition is likely to fail. Evidence that is typically required if you claim abuse is something that will show up in the background check. You have to make the choice, yours or his well being. If you choose his, something's wrong here.

Edited July 20, 2017 by kzielu

[Sandra G. 5,048]

On 7/19/2017 at 8:13 AM, goodmorningtokio said:

I have question for you guys. I'm filing for vawa petition and I was wondering, what happens to the abuser after filing for the petition? Does it affect their record like background check or smiliar? Thank you!

Unfortunately, it will not show anything in his background check. VAWA is confidential and protected by privacy law, that being said your abuser is safe.

 

I have no sympathy for abusers, they belong in jail!

Edited July 20, 2017 by sandranj