response to the abuse

[hanan4ver 0]

Hello all

This question is about my friend so if anybody have any advice it will be appreciated

He was married an usc and his wife file I130 wich was approved but she refused to go to AOS interview apparently they was have rocky marriage and she abused him physically and mentally to the point that he have 12 stitches in back of his head when she hit him with beer bottle he want the hospital and she went to the jail everything was reported to the police and in different time when she was found in contempt of court and went to jail for 2 day long story short she was have lots of issue( pipoler disorder ) he did file for vawa in feb 2009 and HE RECIVED 2 prima facie in the past year . last march he receive RFE for GOOD MORAEL CHARACTER asking about police clearance wich is he send back at the same month the problem is he was convicted of domestic Volant threat with same woman and in some case he DID RESPONSE TO HER ABUSE by call her names and threat her he never been on any kind of trouble before but she the kinds woman that will push to the limit

He never got any RFE for abuse she did abuse him very bad I did witness time when she slash his tires and broke his windshield not to let him go visit his sister out of town so are they going to denied him over the stuff he did to her or how the immigration look at situation like that he haven’t got any decision yet its been 9 month since he send RFE and 2 years since he file his petition are they going to denied him or they just delaying his case

Any help will be appreciated

[JimVaPhuong 4,864]

Hello all

This question is about my friend so if anybody have any advice it will be appreciated

He was married an usc and his wife file I130 wich was approved but she refused to go to AOS interview apparently they was have rocky marriage and she abused him physically and mentally to the point that he have 12 stitches in back of his head when she hit him with beer bottle he want the hospital and she went to the jail everything was reported to the police and in different time when she was found in contempt of court and went to jail for 2 day long story short she was have lots of issue( pipoler disorder ) he did file for vawa in feb 2009 and HE RECIVED 2 prima facie in the past year . last march he receive RFE for GOOD MORAEL CHARACTER asking about police clearance wich is he send back at the same month the problem is he was convicted of domestic Volant threat with same woman and in some case he DID RESPONSE TO HER ABUSE by call her names and threat her he never been on any kind of trouble before but she the kinds woman that will push to the limit

He never got any RFE for abuse she did abuse him very bad I did witness time when she slash his tires and broke his windshield not to let him go visit his sister out of town so are they going to denied him over the stuff he did to her or how the immigration look at situation like that he haven’t got any decision yet its been 9 month since he send RFE and 2 years since he file his petition are they going to denied him or they just delaying his case

Any help will be appreciated

Your description is somewhat difficult to read, but I'm presuming that USCIS wants evidence that his conviction for domestic violence qualifies for a waiver under INA 204(a)(1)(C ). Basically, this means that they need proof that the crime would not have occurred, and he would not have been convicted, if it had not been for the fact that he was abused. Once they make a determination that he's eligible for the waiver then it's up to the discretion of the immigration officer to grant the waiver, and find that he's a person of good moral character.

Did he send a copy of all the police records and court transcripts related to his conviction?

[hanan4ver 0]

Your description is somewhat difficult to read, but I'm presuming that USCIS wants evidence that his conviction for domestic violence qualifies for a waiver under INA 204(a)(1)(C ). Basically, this means that they need proof that the crime would not have occurred, and he would not have been convicted, if it had not been for the fact that he was abused. Once they make a determination that he's eligible for the waiver then it's up to the discretion of the immigration officer to grant the waiver, and find that he's a person of good moral character.

Did he send a copy of all the police records and court transcripts related to his conviction?

Thank you for the replay

Yes he did send copy of all the police records and court transcripts related to his conviction and also his own affidavit explain how everything occur but his attorney told him that his case will be solved without a waiver because the conviction was connected to the abuse so can he submit waiver voluntary or the immigration will request it ?how the waiver thing work ? his attorney believe he didn’t need waiver but as far as he told me that he don’t trust his attorney and he take thing on his own

[JimVaPhuong 4,864]

Thank you for the replay

Yes he did send copy of all the police records and court transcripts related to his conviction and also his own affidavit explain how everything occur but his attorney told him that his case will be solved without a waiver because the conviction was connected to the abuse so can he submit waiver voluntary or the immigration will request it ?how the waiver thing work ? his attorney believe he didn’t need waiver but as far as he told me that he don’t trust his attorney and he take thing on his own

A domestic violence conviction would generally make him ineligible under the good moral character clause. The waiver isn't something he would necessarily have to request. It's up to the immigration officer to determine if the ineligibility can be waived. If the immigration officer determines that it can be waived, then they can use their discretion to waive it, and find that he's a person of good moral character in spite of the conviction. I don't think his attorney is necessarily wrong. It might just be a misunderstanding of the terminology, and what constitutes a waiver in this case.

[hanan4ver 0]

thank you for your answer jim i did read some of your replay at diffrent fourm you seems that you know what you talking about

i guss he have to wiat and see his attourny told him that he have strong case but he is very worry because its been so long and no decision and every time he inquir about his case thru the sentor the responed is YOUR CASE on the adjudicator’s desk.USCIS cant gave no time when the case will be don and its been tow years and he thing that denil come faster and if his petition is denid immigration will denid him eary on right ? they not going to send him denil after tow years!!!!i dont know im just assuming