Please advice My Exs applied for green card based on vawa

[Eric-Pris 1,602]

Congrats.  A couple of years ago, my wife had her oath 7 days after approval (NYC).

 

It may have changed since then.

Edited January 12, 2017 by Eric-Pris

[Yuda1718 0]

On 1/9/2017 at 7:58 PM, Damara said:

This is a bit of complicated subject and Im not sure you are going to find anyone in the same situation as you that is going to respond.

 

The first thing you have to remember is VAWA is confidential. So there is absolutely NO WAY that the Officer is going to directly bring it up. Even if YOU bring it up they are not going to even acknowledge that there was a VAWA claim filed by your ex. The VAWA is/was her case. It is protected by strict confidentiality laws. Which means again- they will absolutely not acknowledge it or discuss it with you.

That does not mean that it doesnt exist though. So its an odd situation. When someone has been on the opposite end of a vawa claim they are not restricted from filing additional petitions for new spouses if need be. Those petitions are approved often with no more difficulty then an 'average filer'. Sometimes however they are harder to get approved. They wouldnt be harder because of the vawa decision but because of the surrounding circumstances. (if there were DV charges or other criminal charges)

 

So theoretically filing for citizenship should be the same. When a vawa claim is submitted USCIS only makes a determination that the filer suffered abuse. They do not make a determination that the LPR or citizen on the other end is an "abuser". I know that doesnt make much sense- but thats how it is. Its why the "accused abuser" does not get a chance to rebut any accusations. Because technically they are not being accused of anything. Technically it just establishes abuse was suffered by the alien but does not go as far as assigning fault to the LPR or USC. Its a strange process but its a specific process. 

 

Plenty of the 'accused' have found fault with the process and feel they should have a voice. They do not and can not because of the wording and how no specific fault is assigned to them. So basically there is no reason for them to have a voice if there is no penalty assigned to them in the outcome. 

 

But again, because the vawa is documented with USCIS and they are going to review your history as well as anyone attached to you they are going to see it. You say you have NO criminal issues as a result of the matter. So there shouldnt be any issue with it. I suppose the Officer can deny you based on moral grounds with out specifically stating its about the vawa (because again they will not confirm the vawa) but there is also the fact that you are required to only show good moral character for the immediate 5yrs previous. You may already be out of the time frame of that as well. 

 

I would expect some questions about your ex and things like that and perhaps based on your answers they could find or feel you are lying to them or misrepresenting what occurred- hence a moral denial. So like others have stated you should bring with you any court papers you have or anything that supports your side of the story if it comes up. 

 

---------

 

Anyway if your GC is expired you can always go and get a temp stamp that you should be able to travel on. 

One more question for u 

  Hi 

passed my interview yesterday 

All went smooth thanks god 

 

how about my kids who live with thier mom and like I told u she got green card for her and the 2  kids on a VAWA base 

my kids have the green card 4 years or less 

does this mean they can get a citizen now since i am becoming 

or its two  separate things ? And they need to finish the process with my Exs  to get it 

[Villanelle 4,121]

This is the relevant policy-
"one of your parents naturalized prior to your 18th birthday and while you were living in the U.S. in the legal and physical custody of that parent, provided you already had a green card (lawful permanent residence)."

 

If the kids live with their mother then they are not in your physical custody and can not obtain it from you.

 

However those approved under VAWA qualify for naturalization after 3yrs. So theoretically your ex can apply at HER 3yr lpr mark and the kids would get it from her (if they are under 18 and she has legal and physical custody at the time).