VAWA, Part 16

[Deserteagle 158]

2 minutes ago, FeDaniela said:

You are already on removal procedures correct... your case will be handle by an immigration judge, can you explain a little more of your situation. Did they provide your with a lawyer? 

here is some general information:

Also click this link to review all evidence and process: https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf 

 

VAWA cancellation of removal is designed to stop removal proceedings for victims of abuse by a U.S. citizen or lawful permanent resident spouse or parent. If successful, cancellation of removal results in lawful permanent resident status for the victim(s). In order to qualify for this type of relief, you, the immigrant victim, must be able to prove:

• That you have been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent;
• That you have been physically present in the U.S. for a continuous period of 3 years or more prior to your VAWA application and the issue of the Notice to Appear (NTA);
• That you have been a person of good moral character during the past 3 years;
• That your removal would cause extreme hardship to you, your children or your parents;
• That certain inadmissibility grounds (criminal convictions, etc.) do not apply to you.

If your application is granted, you will obtain lawful permanent residence in the U.S. Usually, the most difficult thing to prove is that you would suffer extreme hardship if you were not permitted to remain in the U.S. 

I think she meant removal of conditions (conditional green card ) 

[Atstake 5]

4 minutes ago, FeDaniela said:

You are already on removal procedures correct... your case will be handle by an immigration judge, can you explain a little more of your situation. Did they provide your with a lawyer? 

here is some general information:

Also click this link to review all evidence and process: https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf 

 

VAWA cancellation of removal is designed to stop removal proceedings for victims of abuse by a U.S. citizen or lawful permanent resident spouse or parent. If successful, cancellation of removal results in lawful permanent resident status for the victim(s). In order to qualify for this type of relief, you, the immigrant victim, must be able to prove:

• That you have been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent;
• That you have been physically present in the U.S. for a continuous period of 3 years or more prior to your VAWA application and the issue of the Notice to Appear (NTA);
• That you have been a person of good moral character during the past 3 years;
• That your removal would cause extreme hardship to you, your children or your parents;
• That certain inadmissibility grounds (criminal convictions, etc.) do not apply to you.

If your application is granted, you will obtain lawful permanent residence in the U.S. Usually, the most difficult thing to prove is that you would suffer extreme hardship if you were not permitted to remain in the U.S. 

I meant removal of conditions on my 2 year conditional green card 

no I am not in removal proceedings ...

I am sorry I made it confusing 

should have explained better 

I have a conditional green card approved for 2 years ... however I need a waiver to remove those conditions after 2 years 

I need to do a extreme cruelty or abuse waiver ... I do not know much about it and so I am asking information from you all if you can guide me to the right thread or sub forum or if you all can guide me on it 

[FeDaniela 673]

6 minutes ago, Deserteagle said:

I think she meant removal of conditions (conditional green card ) 

Thank you I re-read it LOL... and edited... 

[Deserteagle 158]

1 minute ago, FeDaniela said:

Thank you I re-read it LOL... and edited... 

lol, you’re welcome 

[FeDaniela 673]

5 minutes ago, Atstake said:

I meant removal of conditions on my 2 year conditional green card 

no I am not in removal proceedings ...

I am sorry I made it confusing 

should have explained better 

I have a conditional green card approved for 2 years ... however I need a waiver to remove those conditions after 2 years 

I need to do a extreme cruelty or abuse waiver ... I do not know much about it and so I am asking information from you all if you can guide me to the right thread or sub forum or if you all can guide me on it 

Sorry I did not read carefully.  I found this information

 

What to File With USCIS

For instructions on how to complete Form I-751, see Filling Out USCIS Form I-751, Petition to Remove Conditions on Residence (Line by Line). If you are a conditional resident spouse, put an “X” in Part 3 (Basis for Petition) Box 1.e. to indicate that you are applying for the domestic violence waiver. Then you can fill out the rest of the application as instructed.

In order to file a Form I-751 with a waiver based on abuse or battering, you must submit your completed and signed petition along with the following:

Filing fee or, if you cannot afford this fee, Form I-912, Request for Fee Waiver. (For a list of current USCIS fees, see its Our Fees page.)

A copy of your permanent resident card (front and back sides).

Evidence of battery or “extreme cruelty” by your U.S. citizen spouse; or evidence of battery or “extreme cruelty” by your U.S. citizen 

Evidence that your marriage was genuine,  You will need to prove that your relationship was not a “sham,” entered into for purposes of violating immigration law. For a list of documents that conditional residents have used to prove that their marriage was entered into in good faith, see Submitting Documentary Evidence of Good Faith Marriage With Form I-751.

Edited October 29, 2019 by FeDaniela

[Deserteagle 158]

1 minute ago, FeDaniela said:

Sorry I did not read carefully.  I found this information

 

What to File With USCIS

For instructions on how to complete Form I-751, see Filling Out USCIS Form I-751, Petition to Remove Conditions on Residence (Line by Line). If you are a conditional resident spouse, put an “X” in Part 3 (Basis for Petition) Box 1.e. to indicate that you are applying for the domestic violence waiver. Then you can fill out the rest of the application as instructed.

In order to file a Form I-751 with a waiver based on abuse or battering, you must submit your completed and signed petition along with the following:

Filing fee or, if you cannot afford this fee, Form I-912, Request for Fee Waiver. (For a list of current USCIS fees, see its Our Fees page.)

A copy of your permanent resident card (front and back sides).

Evidence of battery or “extreme cruelty” by your U.S. citizen spouse; or evidence of battery or “extreme cruelty” by your U.S. citizen or conditional resident parents if you are applying as a conditional resident child (see examples above).

Evidence that your marriage was genuine, if applying as a conditional spouse. You will need to prove that your relationship was not a “sham,” entered into for purposes of violating immigration law. For a list of documents that conditional residents have used to prove that their marriage was entered into in good faith, see Submitting Documentary Evidence of Good Faith Marriage With Form I-751.

And what office should she send the above mentioned evidence ? Vermont or NBC ? 

[ATLANTA1 1]

3 hours ago, Pinkrlion said:

Not understanding what you are saying. 

 

PLZ READ ALL INFORMATION ON USICS WEB FOR I-824  (FOR WAVA)

[Stillwinning!!!😊 4,570]

46 minutes ago, Atstake said:

I need help - someone , moderators of VJ .. please refer me to the right thread - I need help with removal of conditions ROC with a extremely cruelty or abuse waiver ... which means I already have my conditional green card 

This vawa thread helped me so much , even though I made a critical mistake of not filing vawa and I got fooled into thinking my abuser will change and I let the abuse trick me yet again into thinking I need to give my marriage another try 

this regret will be with me forever 

but I want to do things right this time and I need a support group like this one 

I don’t know anyone who is in similar state like mine .. I need help 

please add me or guide me to the correct forum thread etc 

Sorry for all your troubles! You should have recognized the signs..a lesson to all who wants to 'give it another chance' these people never change! Here's the short of it....you can easily research more on it on USCIS site!

 

"Form I-751 waiver is available for conditional residents who have been battered or abused by their U.S. citizen spouse." 

[Atstake 5]

8 minutes ago, FeDaniela said:

You are already on removal procedures correct... 

 I was in a abusive marriage but I truly loved the man and I hoped things would work out . So like a true abuse cycle I kept going on with the relationship as he kept promising he would change . I had contemplated filing vawa long back and collected evidence of abuse ( Some letters from DV advocates pyschologist letter , letter from a doctor treating ) but I never got to file the vawa as my abuser brainwashed me into giving marriage a second chance . Fast forward we went to AOS interview together have a approved conditional green card , however I don’t see the marriage lasting till the end of the 2 year where removal of conditions need to be filed. I fear further abuse as now I am further more dependable on him especially with the conditional GC and need him to ROC ( removal of conditions ) 
What are my options ? Can I file  a ROC using abuse waiver ? I need more info on that ... will my old evidences of abuse help in that abuse waiver ? 

I made a mistake of not filing VAWA back then I want to take the right steps now 

[FeDaniela 673]

Just now, Deserteagle said:

And what office should she send the above mentioned evidence ? Vermont or NBC ? 

She should sent to the lockbox mentioned on the form... Vermont is form I-360 .... she already has a conditional green card. She need a waiver to remove the temporary to permanent residence... 

[Deserteagle 158]

1 minute ago, FeDaniela said:

She should sent to the lockbox mentioned on the form... Vermont is form I-360 .... she already has a conditional green card. She need a waiver to remove the temporary to permanent residence... 

thank you for your help. God bless you . 

[Deserteagle 158]

3 minutes ago, Atstake said:

 I was in a abusive marriage but I truly loved the man and I hoped things would work out . So like a true abuse cycle I kept going on with the relationship as he kept promising he would change . I had contemplated filing vawa long back and collected evidence of abuse ( Some letters from DV advocates pyschologist letter , letter from a doctor treating ) but I never got to file the vawa as my abuser brainwashed me into giving marriage a second chance . Fast forward we went to AOS interview together have a approved conditional green card , however I don’t see the marriage lasting till the end of the 2 year where removal of conditions need to be filed. I fear further abuse as now I am further more dependable on him especially with the conditional GC and need him to ROC ( removal of conditions ) 
What are my options ? Can I file  a ROC using abuse waiver ? I need more info on that ... will my old evidences of abuse help in that abuse waiver ? 

I made a mistake of not filing VAWA back then I want to take the right steps now 

I would also advice you remove yourself and your child(if any) from the house and seek a shelter home if you’re threatened. Remember, prevention they say is better than cure . 

[Atstake 5]

6 minutes ago, FeDaniela said:

Evidence of battery or “extreme cruelty” by your U.S. citizen spouse; or evidence of battery or “extreme cruelty” by your U.S. citizen 

Evidence that your marriage was genuine,  

Evidence of abuse - now these evidences are the ones collected before the AOS Interview when conditional green card was approved 

can I use the same evidence ? They are dated prior to the AOS Interview though ? 
 

the evidence of bonafide marriage 

can they be the same evidences I submitted for the AOS interview ? 
 

it tough to get new evidences especially when there is abuse in the marriage and the abuser uses that to control you - that’s like a paradoxical requirement ☹️

[Stillwinning!!!😊 4,570]

5 minutes ago, Atstake said:

Evidence of abuse - now these evidences are the ones collected before the AOS Interview when conditional green card was approved 

can I use the same evidence ? They are dated prior to the AOS Interview though ? 
 

the evidence of bonafide marriage 

can they be the same evidences I submitted for the AOS interview ? 
 

it tough to get new evidences especially when there is abuse in the marriage and the abuser uses that to control you - that’s like a paradoxical requirement ☹️

Hey dear..

You will need to provide as many details and specific instances of your spouse’s abusive actions and how these actions hurt you and controlled your life. It can be painful and emotionally difficult to recount instances of this behavior, but it is necessary in order to convince USCIS to grant you a waiver.

You will need evidence to prove that you were a victim of domestic violence, so you should ideally provide more than just a personal statement. Official reports from police and medical personnel, medical records and photographs of injuries, and affidavits from social workers and school officials are excellent forms of evidence. You can also submit affidavits from others who can describe instances of abuse and battering that your spouse inflicted upon you.

[Aprilvawa 61]

2 hours ago, Stillwinning!!!😊 said:

My dear! You really have been through so much, now pour out your heart into that affidavit, it will go a long way! These officers are trained..they know there are a number of reasons documents are lacking..they know the dynamics surrounding victims of abuse..you'll be alright!🙏

Thank you again! I am writing everything this time around. I pray that you get your interview and greencard Soon