2 VAWA questions... don't know where to post

[Lovejoy444 0]

I joined this fantastic site on behalf of a friend of mine, Sonja, who is self-petitioning with VAWA. I have no idea where to post this question, so if you have a suggestion, please let me know so I can post it where it will receive the most help!

Her lawyer says she needs a copy of her husband's birth certificate to prove his U.S. citizenship. How on earth is she supposed to get this, and isn't this something the lawyer can more easily obtain through legal channels? She was not physically abused, just mentally and emotionally (including constant threats of deportation if she didn't do what her husband wanted her to do). I know that filing a protection order can compel him to give up copies of his birth certificate and other legal documents, but without the physical abuse, that doesn't seem likely to happen. Also, she hasn't seen him for two years, since leaving him. (When she left him two years ago, she and I had NO idea how complicated this would all be!)

She also has the problem (two years later) of proving they lived at the same residence. She has a cell phone bill showing SHE lived there, but has none of HIS old mail showing he also lived at the residence. She remembers the cable bill being in his name, but she has no old bills.

Aren't these two issues where the lawyer should be able to track down the necessary info? First off, my friend has no legal right to a copy of anyone's birth certificate, so how is she supposed to get one? Second, her husband lived pretty much off the grid. Would the cable company have records going back two years regarding the name on the account, etc.? And even if they did, would Sonja be able to get a copy since she herself is not listed as the account holder? We just don't understand how she is supposed to come up with these things.

I welcome any advice anyone can offer.

=)

Laurie

[Brother Hesekiel 2,235]

Let me start with a single, multiple-layer question: what proof, a.k.a. evidence does your friend have that she was abused by her husband?

Did she call the police when he was . . . um . . . mean to her? Did she have witnesses around when her husband threatened her? Did she file a restraining order, etc.?

[Lovejoy444 0]

It's complicated, naturally, but the only witnesses are either unfindable or unreliable, with the exception of my friend's teenage son. It turns out the husband's whole family is a mess. One "witness" is her brother-in-law, but he's not a reliable witness because he has a love-hate relationship with her husband (on any given day), as well as having an unfavorable history of his own. Other "witnesses" were the husband's workmates, many of whom were illegal immigrants paid under the table by their employer. In any case, as I said in my original post, her husband was not violent, just very controlling and verbally abusive, limiting her interaction outside the home, recommending she get work as a professional "escort" in order to make money for the family, offering to "hook her up" with some of his workmates, etc.

I know the whole thing sounds flaky and like she's a visa hunter, but I've known her for several years, and that's just not the case. It would not be possible to alleviate what seems like suspicion on your part as to the validity of her claim without going into long and gory detail, which just wouldn't be appropriate. The authorities at INS (or USCIS, or whatever it is now) will decide the validity of her case, but in order for her to get to that point, she needs to come up with the appropriate documentaion, which is why I made the original post.

After hearing my friend's story, the lawyer says she has a good case, but is it normal for the lawyer to expect my friend to acquire these documents? When she left her husband, she had no idea she'd need those things. She wasn't thinking about immigration proceedings, just getting out from under his thumb. He was born and raised in Virginia, complete with country twang. We have his social security number and other things of that nature, but no birth certificate.

Thanks for any assistance, Just Bob.

[Penguin_ie 5,984]

***** Moving from Off Topic to Effects of Major changes, and duplicate removed *****

[Fehervirag 0]

Unfortunately, she has to do all the footwork regarding collecting all the supportive documents. The lawyer just assembles the papers and fills out the forms. Immigration is aware that sometimes it is difficult to obtain documentation in VAWA cases. She could use something else to prove her husband citizenship besides the birth certificate. For example, did her husband filed I-130 for her? Can someone write an affidavit who knows for sure that he is a citizen? Otherwise, she has to explain in her statement why she think that he is a citizen and why she can't obtain proof.

[belinda63 2,981]

Try the Virginia department of Vital Records. Most of them will permit you to order a birth certificate online although depending on the rules you may need to send a letter of explanation and some proof of prior marriage before they will release it.

[murid2010 6]

I joined this fantastic site on behalf of a friend of mine, Sonja, who is self-petitioning with VAWA. I have no idea where to post this question, so if you have a suggestion, please let me know so I can post it where it will receive the most help!

Her lawyer says she needs a copy of her husband's birth certificate to prove his U.S. citizenship. How on earth is she supposed to get this, and isn't this something the lawyer can more easily obtain through legal channels? She was not physically abused, just mentally and emotionally (including constant threats of deportation if she didn't do what her husband wanted her to do). I know that filing a protection order can compel him to give up copies of his birth certificate and other legal documents, but without the physical abuse, that doesn't seem likely to happen. Also, she hasn't seen him for two years, since leaving him. (When she left him two years ago, she and I had NO idea how complicated this would all be!)

She also has the problem (two years later) of proving they lived at the same residence. She has a cell phone bill showing SHE lived there, but has none of HIS old mail showing he also lived at the residence. She remembers the cable bill being in his name, but she has no old bills.

Aren't these two issues where the lawyer should be able to track down the necessary info? First off, my friend has no legal right to a copy of anyone's birth certificate, so how is she supposed to get one? Second, her husband lived pretty much off the grid. Would the cable company have records going back two years regarding the name on the account, etc.? And even if they did, would Sonja be able to get a copy since she herself is not listed as the account holder? We just don't understand how she is supposed to come up with these things.

I welcome any advice anyone can offer.

=)

Laurie

Your best bet is to tell your friend to write a notarized statement explaining why he/she can't get the birth. Under VAWA laws, if the applicant cannot provide evidence about their abusers citizenship USCIS will make every effort to verify citizenship through government database such as social security or USCIS records. Her lawyer should know this.

[Lovejoy444 0]

Fehervirag, belinda63, murid2010 -- thanks so much for your input and advice. I kind of thought the lawyer should know these things too -- hopefully she does! Giving her the benefit of the doubt, perhaps she just wants Sonja to try reeeeeally hard to get the b.c., knowing it's more trouble to file without the b.c....?

Reading your posts, it sounds like all is not lost just for the lack of a birth certificate. That makes us feel a little better. Thanks!

[inpeace 5]

Why did she waited so long to file? Vawa has s 2 year rule, make sure u look into that. Also her statement should be as detailed as possible, with no proof make sure the statement conveys everything. Good luck!

Edited July 22, 2011 by inpeace

[JimVaPhuong 4,863]

I agree with the Fehervirag. The lawyer's job is to know what forms and evidence need to be filed, and to help his client file them. It's up to the client to obtain the documents.

Is she still married to this guy? Does she at least have a copy of the marriage certificate? In some states that would allow her to get access to some records like bills. In Virginia she can obtain a copy of his birth certificate if she submits identification and proof that she's his wife. The sort of identification they will accept is described here:

http://www.vdh.state.va.us/Vital_Records/primary.htm

Did they ever file a joint tax return? What sort of evidence of abuse does she have?

Always be skeptical when a lawyer tells you whether you've got a good case. They will never tell you it's hopeless unless there's no chance of getting any more money from you.

[Lovejoy444 0]

Thanks very much, Jim. That link you provided was very helpful. Holding out some hope now for getting the elusive documents!