U-visa certification

[SingleDad2usc 71]

resignedtoinswhim: 18 July 2012

You may be eligible for U visa. As far as I know there is no statue how long ago the criminal activity happened that you were a victim of. But consult with a good attorney. For U visa you need certification of fedral, state or government agency that you were helpful in the investigation on past criminal activity or you would/likely be helpful for investigators . You can collect evidence of threats etc as an ongoing criminal activity (under supervision of a good criminal lawyer) that you are a victim of and suffering ongoing extreme mental abuse. Again certification from agencies would be needed for this too.

For VAWA, you would need some evidence that your wife/ex wife is LPR or USC at the time of filing the VAWA application (A# may be sufficient). Your wife/exwife's LPR or USC requirement is not required when the abuse happened or how long ago the abuse happened as long as the abuse happended in USA. She may acquire LPR/USC after abuse and should be LPR/USC at the time of filing the VAWA application.

Above-quoted poster was CORRECT: I'm eligible for U-visa certification by both DA office (for helping DV conviction in 2003) and by Child Protective Services as well. Pro-bono attorney says that U-visa can be filed concurrently with my VAWA application. Due to a lot of work required in both filings, however, attorney's suggestion is to only file VAWA. If denied (and that would only happen if my spouse incredibly never did adjust from Asylee to LPR years back), then to proceed with U-visa.

So resignedtoinswhim, who only became VJ member this July, provided the only fully correct assessment of my case out of many-many scores of others and myself - totally unaware of my rights all these years. Sandranj was correct on all VAWA aspects

[Boiler 43,452]

?

I remember mentioning the U visa.

[SingleDad2usc 71]

Alas, my favorite Boiler: a few people mentioned U-visa existed; but only this one guy, god bless him, said that U-visa was just as applicable to a crime prosecuted long ago as it is to a current crime. We discussed on here whether the government might be interested enough to prosecute my wife's Support Court fraud and blackmail of me; while it turned out that I already had a qualified for U-visa prosecution 9 years ago! Just like our endless VAWA discussions had everyone assuming that offender had to be already-LPR, when abuse occurred... Believe it or not, I'm still not sure: should I stop my VAWA affidavit story-line right there, 2003 - when wife pleaded guilty to Assault3? Or should I still be making connection to more recent phone threats, tied to her Child Support avoidance?

[resignedtoinswhim 8]

Alas, my favorite Boiler: a few people mentioned U-visa existed; but only this one guy, god bless him, said that U-visa was just as applicable to a crime prosecuted long ago as it is to a current crime. We discussed on here whether the government might be interested enough to prosecute my wife's Support Court fraud and blackmail of me; while it turned out that I already had a qualified for U-visa prosecution 9 years ago! Just like our endless VAWA discussions had everyone assuming that offender had to be already-LPR, when abuse occurred... Believe it or not, I'm still not sure: should I stop my VAWA affidavit story-line right there, 2003 - when wife pleaded guilty to Assault3? Or should I still be making connection to more recent phone threats, tied to her Child Support avoidance?

Tell the entire story till now. If she is living in USA with LPR/USC status that would make connection to her fraud and perjury under oath in civil court.

[SingleDad2usc 71]

how does it help my VAWA filing?

[belinda63 2,981]

It won't, neither failure to pay child support nor failure to appear in court constitutes abuse. Unless you can prove the threats, which since she called from a blocked number years ago you most likely won't be able to, it becomes meaningless.

[belinda63 2,981]

Not to question your attorney, but having experience with the way you have described your past, how do you propose to show "substantial physical or mental abuse"? If I remember correctly all you have is one time that she committed physical violence and you obtained a restraining order against her.

So let's play devil's advocate, what evidence, not hearsay or conjecture, do you have to prove she caused you to suffer "substantial physical and mental abuse"?

[SingleDad2usc 71]

The physical harm was reflected not merely by Order of Protection, but by a guilty plea in court and service of 13-months outpatient term.

The point of discussion: does it help VAWA, given that conviction for physical harm was while living together 9 years ago, to claim that mental abuse is more recent? My apprehension is that Vermont may not like it, if I stop my story in 2003-2004. May they come back questioning "qualifying relationship", if I present no history at all 2004-2012, although we are "married"? On the other hand, given that I have solid proof of physical harm, I didn't want to introduce mental harm at all - because I didn't want to engage in therapy. A bit of catch-22.

And second question: would it impress Vermont, if I included "DA certification for U-visa" in my VAWA case? Or may it hurt Vermont's consideration of my VAWA - if they see that I qualify for U-visa?

Edited September 30, 2012 by SingleDad2usc

[belinda63 2,981]

Why don't you ask your attorney these questions? and what proof of mental abuse do you have?

Edited September 30, 2012 by belinda63

[SingleDad2usc 71]

I don't have full-service yet. Pro-bono lawyer procedure is that law firm committee decides what cases to take - so they'll let me know in a couple of weeks. But attorney liked the case; she said that both the DA office and the Child Protective Services could provide U-visa certification. And that VAWA looked good enough to file first, just providing VSC spouse's A# and explaining that USCIS is holding proof of spouse's status. Not sure what proof of un-dissolved marriage is best to submit.

On VAWA requirement of abuse: all four occurred, but it is still undecided if it's best to claim one: my physical, my mental, child physical or child mental. The attorney ordered the entire Child Protective Services file. She also promised to put DA certification in my hands, even if her firm can't take the case. She said I could always make use of this document. She displayed no interest at this point in a very heavy children's medical file

Edited September 30, 2012 by SingleDad2usc

[Ihavequestions 419]

Is your attorney aware that the "proof" you have of physical abuse is from a sealed record?

[SingleDad2usc 71]

do you mean that DA office can't give me certification? If they give it to me, then what's the difference

Edited September 30, 2012 by SingleDad2usc

[belinda63 2,981]

And what if they can't since the case has been sealed? That means it doesn't show up on background checks and no one has access to it.

[Ihavequestions 419]

Sealed records are only accessible by a court's order. Do you have a copy of the court order giving you access to those records?

[SingleDad2usc 71]

I must confess that I'm not familiar with the concept. My opinion is that what DA office is looking up is their OWN files, to find the paper which I signed when they started prosecuting that case. They had me sign that I shall testify. Then she pleaded guilty on the day that trial was supposed to start, in exchange for 12-month therapy under court's jurisdiction. After she complied with all mandates (it took her 13 months to comply), she received her second colorful certificate of completion, and was promised by the court that case would be sealed. Can't DA office pull their OWN files to issue me certification required to apply for U-visa? I'll know the result in a couple of weeks.

Again, I just need to decide where to stop my Affidavit:

1) in 2004, when her trial was over and also Family Court discharged children into my care; OR

2) to continue with Support Court annual saga, right up to when OCSE sent me letter this year that they are closing her case

Edited September 30, 2012 by SingleDad2usc