VAWA

[4theloveofhenry 8]

After reading in this forum for quite some time I have to say something that I am sure will not go over well with some. I must say, to those who TRULY are in abusive households my heart goes out to you. I too was in a abusive marriage at one time before I married my current husband, so I do talk from experiance when I say, I am truly sorry.

Anyway, my irritant comes from the number of VAWA cases that show up here in on this board asking for help to "retain" their status not their "safety". Everytime I am reading the same story. As if there is a VAWA script floating around the net.

When abuse is occuring in a "love" relationship how many are so quick to leave? Even though many should get help sooner than later, how many do? Let alone a foriegn national who comes to a new country with very little support. I would assume that most would not know who to turn to let alone know about VAWA, yet around here that term is used as frequently as a public bathroom stall.

I may sound bitter about this but I am not. I just have a lot of compassion for people who's lives may be ruined becuase of these claims of abuse as well as the heartache associated with the loss of someone they thought truly loved them.

As I said before, if ones are truly abused then my heart goes out to you, but for those who think VAWA is a easy way out of a loveless marriage then maybe you should think of someone other than yourselves.

[JimVaPhuong 4,863]

Well, this topic is bound to get moved, but what the he!!... I'll jump in!

I often avoid posting in VAWA topics for the same reasons you described. Often, I'm just not sure if I would be offering my condolences or advice to someone whose sole intention is getting a green card, regardless of whose lives they might be ruining in the process. Sure, they write a compelling and heartbreaking story. I'm sure many of them are sincere, and are genuinely being abused. I'm equally sure many of them are not sincere, and the accusation of abuse is a fraud. There's just no way to tell the difference from reading a post on an internet forum.

Ever since I learned about VAWA, it's been my opinion that it was a huge loophole in the immigration law, and that the people who wrote this law, although they may have had good intentions, did not adequately consider the potential for it to be abused. If the only thing at stake here was a green card, then I would be only mildly bothered by this law. But, the reputation of the US citizen is also at stake. The evidence required for a successful VAWA petition includes a credible accusation of abuse against the US citizen. This evidence is far too easy to conjure up. Have a friend sock you in the eye, and call the cops. Voila! The US citizen spouse spends the night in jail, and the immigrant heads for the battered women's shelter, ready to prepare their VAWA petition.

In my opinion (which is worthless), VAWA should provide for compensation - protection, financial support, etc. - but it should NOT automatically convey any immigration status. By offering a green card as a reward, there is just too much incentive to lie and cheat.

[thongd4me 69]

Well, this topic is bound to get moved, but what the he!!... I'll jump in!

I often avoid posting in VAWA topics for the same reasons you described. Often, I'm just not sure if I would be offering my condolences or advice to someone whose sole intention is getting a green card, regardless of whose lives they might be ruining in the process. Sure, they write a compelling and heartbreaking story. I'm sure many of them are sincere, and are genuinely being abused. I'm equally sure many of them are not sincere, and the accusation of abuse is a fraud. There's just no way to tell the difference from reading a post on an internet forum.

Ever since I learned about VAWA, it's been my opinion that it was a huge loophole in the immigration law, and that the people who wrote this law, although they may have had good intentions, did not adequately consider the potential for it to be abused. If the only thing at stake here was a green card, then I would be only mildly bothered by this law. But, the reputation of the US citizen is also at stake. The evidence required for a successful VAWA petition includes a credible accusation of abuse against the US citizen. This evidence is far too easy to conjure up. Have a friend sock you in the eye, and call the cops. Voila! The US citizen spouse spends the night in jail, and the immigrant heads for the battered women's shelter, ready to prepare their VAWA petition.

In my opinion (which is worthless), VAWA should provide for compensation - protection, financial support, etc. - but it should NOT automatically convey any immigration status. By offering a green card as a reward, there is just too much incentive to lie and cheat.

This rings very true. My first marriage had a very acrimonious divorce and in the course of some arguments she physically attacked me

(not to the point where I was in any danger, but to the point where I HAD to push her away) and then insinuated/threatened a VAWA charge.

Ultimately, she did not go that route because she knew in her heart I never intended nor had committed violence, (perhaps after she threw a

chair at me and I didn't lay a finger on her). In brief moments of lucidity she admitted it was SHE that had the anger problem.

She already had the green card for over 10 years, so immigration and her status here was NOT a factor,

although that MAY have crossed her mind in her motivation. It was also interesting how one of the kids took a

cue from this and insinuated "child abuse" as a threatened retort after I made a comment on her bad behavior

and gave her a warning on it. Her bad behavior was not limited to her dad, because I got frequent complaints

from my ex that she would insult, defy or threaten her after I moved out of the house. VAWA and child abuse

are real problems but on the flip side, Pandora's boxes of potential abuse if the accusations have motives other

than protecting a victim.

to the OP too.

[3bvsla 1]

I've heard that most of the VAWA applications are frauds. However, in order to file for VAWA applicant must prove that abuse actually happened, residence together with the abuser, applicant's good moral character, and that marriage was in a good faith.

Apparently, those who are willing to apply for VAWA "just to get a green card" won't be able to obtain evidences needed, or might just fail to provide with one of the evidences mentioned above.

I'm sure that people who are working with VAWA cases are properly trained. They are able to distinguish between "fake" cases and "real" cases.

I don't agree with those who think that "VAWA applicants are not supposed to be able to get a green card". VAWA applicants are immigrants just like everybody else. They came to this country and left everything behind. They had to go through physically and mentally abusive relationships. How supposedly are they going to move on with their lives, if we just deport them back to their country? Nobody can move on with their lives making a step back.

[N400-2011 24]

I got my greencard through VAWA. It is a very long process. I have offered advice on this forum to others that went through domestic violence. While it is true that some stories may be false, others may be true...I prefer to give people the benefit of the doubt. I was married for slightly less than 8 months when my ex attacked me. Neighbors called the police and he was arrested. He eventually took the guilty plea in criminal court. No man, or woman, should experience domestic violence. For me, it was the first and last physical assault. I refuse to live like that and my first advice is always to make sure that the person is safe. Check out my timeline.

Edited April 1, 2010 by Vawa-2006

[JimVaPhuong 4,863]

I've heard that most of the VAWA applications are frauds. However, in order to file for VAWA applicant must prove that abuse actually happened, residence together with the abuser, applicant's good moral character, and that marriage was in a good faith.

Apparently, those who are willing to apply for VAWA "just to get a green card" won't be able to obtain evidences needed, or might just fail to provide with one of the evidences mentioned above.

Except for evidence of abuse, you need those same evidences to get a green card based on marriage, or to adjust status even you're still married to the original petitioner. So, the only unique evidence this adds is the evidence of abuse. This is absurdly easy to get. Like I said, have a friend sock you in the eye, and then call the cops and blame it on your husband. After that, head for the battered women's shelter, get a restraining order, and start preparing your paperwork for the VAWA petition. This happens so many times that entire websites are dedicated to trying to expose it. I'd give you some links, but to save time just google "VAWA fraud". You'll have about 100,000 web pages to read.

I'm sure that people who are working with VAWA cases are properly trained. They are able to distinguish between "fake" cases and "real" cases.

How, exactly? Do they dust your black eye for fingerprints? Legitimate spousal abuse cases rarely have witnesses, so a real case and a fraud case often look very much the same to an outsider. It's a game of "he said / she said", but "she" has the upper hand if she's got evidence of injuries. In most states, if the police see so much as a bruise then they are required to make an arrest. The "victim" now has the police report, arrest record, and will soon have the restraining order. This is sufficient for a successful VAWA case.

I don't agree with those who think that "VAWA applicants are not supposed to be able to get a green card". VAWA applicants are immigrants just like everybody else. They came to this country and left everything behind. They had to go through physically and mentally abusive relationships. How supposedly are they going to move on with their lives, if we just deport them back to their country? Nobody can move on with their lives making a step back.

I'm not saying they shouldn't get a green card. I'm saying that the green card should not be a reward for accusing your husband of abuse. Making the accusation is relatively easy compared to the value of the reward, which provides a very big incentive to cheat. Judging from the number of testimonials on the internet from men who claim to have been falsely accused in a VAWA scam, I'd say that the cheating is happening quite a lot.

To see this from a different perspective, what reward is given to the US citizen wife of a US citizen husband if the husband abuses her? I'm not talking about a fraudulent report of abuse, but a woman who is REALLY being abused by her husband? She files the police report, gets the restraining order, goes to the women's shelter... and then what? Does the US government give her a big fat check, since she's doesn't need a green card? The answer is she doesn't get anything. Advocates of VAWA law say that this is because a VAWA applicant would be punished if they didn't get the green card because they'd be deported back to their home countries, which is what you implied above. However, this argument doesn't jive with immigration law, which clearly states that deportation is NOT considered to be a punishment by the US government.

[andrea2774 0]

Except for evidence of abuse, you need those same evidences to get a green card based on marriage, or to adjust status even you're still married to the original petitioner. So, the only unique evidence this adds is the evidence of abuse. This is absurdly easy to get. Like I said, have a friend sock you in the eye, and then call the cops and blame it on your husband. After that, head for the battered women's shelter, get a restraining order, and start preparing your paperwork for the VAWA petition. This happens so many times that entire websites are dedicated to trying to expose it. I'd give you some links, but to save time just google "VAWA fraud". You'll have about 100,000 web pages to read.

How, exactly? Do they dust your black eye for fingerprints? Legitimate spousal abuse cases rarely have witnesses, so a real case and a fraud case often look very much the same to an outsider. It's a game of "he said / she said", but "she" has the upper hand if she's got evidence of injuries. In most states, if the police see so much as a bruise then they are required to make an arrest. The "victim" now has the police report, arrest record, and will soon have the restraining order. This is sufficient for a successful VAWA case.

I'm not saying they shouldn't get a green card. I'm saying that the green card should not be a reward for accusing your husband of abuse. Making the accusation is relatively easy compared to the value of the reward, which provides a very big incentive to cheat. Judging from the number of testimonials on the internet from men who claim to have been falsely accused in a VAWA scam, I'd say that the cheating is happening quite a lot.

To see this from a different perspective, what reward is given to the US citizen wife of a US citizen husband if the husband abuses her? I'm not talking about a fraudulent report of abuse, but a woman who is REALLY being abused by her husband? She files the police report, gets the restraining order, goes to the women's shelter... and then what? Does the US government give her a big fat check, since she's doesn't need a green card? The answer is she doesn't get anything. Advocates of VAWA law say that this is because a VAWA applicant would be punished if they didn't get the green card because they'd be deported back to their home countries, which is what you implied above. However, this argument doesn't jive with immigration law, which clearly states that deportation is NOT considered to be a punishment by the US government.

You are right about that. Actually I stayed in the shelter house for more than 3 months, I can say that the government is abused somehow, by some aliens and some US citizen. This is to inform everybody that there is a "REWARD" if you may call it for the US citizen wife if they were abused, although they don't need a green card, they need to live ---safely live, so, some of them if they are really in a scary marriage, can change their name, SSS#, get Food stamp, get check, if I am not wrong, 300dollars for each child, get housing assistance, get to get a car, not a new one but usable car, and if that woman is not lazy, she can have a job....now...let's not say that only illegals uses, misuses, abuses the VAWA, the shelter house, the government, the law, because the citizens are like that too...some of them...I saw them and live with them...I see who'se real and not...in some cases, the illegals that I was with..they went ouot at night partying...having more than 1 guy per night..kids were left in my care without the knowledge of their advocates...there was one who was actually a wanted in other state and get to change her name...that make me feel bad about this country who tries to eliminate discrimination...the country who tries to help her people...the abuse is so much...THE TERM ITSELF IS ABUSED by every individual..children against their parents, husband and wife against each other... I hope that the change would go to those institution who help them...try to figure out who is the real helpless, needy, and needs safety.....huh!!!

[justashooter 430]

I got my greencard through VAWA. It is a very long process. I have offered advice on this forum to others that went through domestic violence. While it is true that some stories may be false, others may be true...I prefer to give people the benefit of the doubt. I was married for slightly less than 8 months when my ex attacked me. Neighbors called the police and he was arrested. He eventually took the guilty plea in criminal court. No man, or woman, should experience domestic violence. For me, it was the first and last physical assault. I refuse to live like that and my first advice is always to make sure that the person is safe. Check out my timeline.

Article 120. Assault and Related Offenses

Sec. 120.00 Assault in the third degree

A person is guilty of assault in the third degree when:

1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or

2. He recklessly causes physical injury to another person; or

3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

Assault in the third degree is a class A misdemeanor.

this sounds like pushing someone against the washing machine in a laundry room scuffle and bruising their hip. if you can give us more, then we will believe.

spousal abuse is not a single incident of anger. it is a pattern of violence and intimidation that is dependent upon the nature of the relationship for it's perpetuance. the tie between the two people is the empowering factor that the perpetrator manipulates in order to establish and continue a pattern of violence and intimidation.

abused spouses rarely leave their abuser before the violence escalated to the felony level, or fatality. they blame themselves for the beatings and the shouting and the breaking down of doors. they want to patch things up with their abuse, for the sake of the children, for the sake of the relationship, for the sake of the financial situation, for the sake of the reputation in front of the neighbors. any cause is good enough rationale.

victims of abuse rarely call the police about the abuse, and are rarely willing to testify. to do so would be to abandon the relationship upon which they depend, for they have little else that has not been taken from them over the years by their abuser.

[Kiv 32]

After reading in this forum for quite some time I have to say something that I am sure will not go over well with some. I must say, to those who TRULY are in abusive households my heart goes out to you. I too was in a abusive marriage at one time before I married my current husband, so I do talk from experiance when I say, I am truly sorry.

Anyway, my irritant comes from the number of VAWA cases that show up here in on this board asking for help to "retain" their status not their "safety". Everytime I am reading the same story. As if there is a VAWA script floating around the net.

When abuse is occuring in a "love" relationship how many are so quick to leave? Even though many should get help sooner than later, how many do? Let alone a foriegn national who comes to a new country with very little support. I would assume that most would not know who to turn to let alone know about VAWA, yet around here that term is used as frequently as a public bathroom stall.

I may sound bitter about this but I am not. I just have a lot of compassion for people who's lives may be ruined becuase of these claims of abuse as well as the heartache associated with the loss of someone they thought truly loved them.

As I said before, if ones are truly abused then my heart goes out to you, but for those who think VAWA is a easy way out of a loveless marriage then maybe you should think of someone other than yourselves.

I think the main reason we can read about people asking how to stay is because this is an immigration forum, people suppose to be talking about immigration related stuff, we all have to wait a long time for each step to be completed and of course the attention deviates, that is why we have people talking about politics, their dogs, or other more personal or entertaining topics.

Maybe there are forums to talk about abused people, and what they need to do to stay safe, deal with the pain and go on, these persons may think that this is the appropriate place to talk about their immigration status.

I do not believe all the stories, both sides, as it has been told before Is easy to some to invent an abuse case and is just wrong, as wrong as i see that some USC are ok with the is spouses working without a SS as long as they are helping them with the expenses, but they want to defend their country furiously from somebody who wants a GC and did not love them (or does not love them anymore after knowing them better)

I hope that people who needs help is really getting it.

I have been reading here for more than 6 years, I can see some patterns but we cannot tell who is in real problems by reading a few lines, I do not believe them all, I do not think all lie.