U-visa certification

[purplepenguins 88]

Here, I know you love helpful links. Check them out! And keep in mind your privileged position as a Canadian passport holder. Your children could go with you to a first world country with socialized healthcare and compulsory primary and secondary education.

This case made national news. An undocumented single mother's parental rights were terminated w/o her being present and and her child adopted while she was in detention in KS. State supreme court affirmed termination of her parental rights.

http://womensrefugeecommission.org/programs/detention/parental-rights/encarnacion-romero

US Born Kids of Deported Parents Struggle as Family Life is 'Destroyed': http://www.huffingtonpost.com/2012/08/25/us-born-kids-deported-parents_n_1830496.html

Undocumented Immigrants Losing Fight to Keep Children who are US Citizens: http://www.annarbor.com/news/undocumented-immigrants-losing-the-fight-to-keep-their-us-citizen-children/

Life after Deportation: Young Citizen Children Left Behind: http://articles.chicagotribune.com/2011-04-06/news/ct-met-deported-parents-children-20110331_1_citizen-children-immigration-laws-immigrant-parents

Children Bear Greatest Burden of US Deportation Policies: http://www.albany.edu/news/26689.php

A Much Needed Spotlight on Families Ripped Apart by Deportation: http://immigrationimpact.com/2012/12/12/a-much-needed-spotlight-on-families-ripped-apart-by-deportations/

When Parents Get Deported, Citizen Children Fight to Survive: http://asu.news21.com/2010/children-of-deported-parents/

Shattered Families: http://arc.org/shatteredfamilies

Edited December 13, 2012 by purplepenguins

[SingleDad2usc 71]

purplepenguins, your last post may have links helpful to someone.

I'm surprised you work for immigrant causes. What you did in the post immediately preceding your last post was inhuman. You "quoted" a bunch of lies, which should ban you from this list. I hope this was your last post in my topic, because I try to have my topic help others.

[decocker 7,198]

I'm surprised you work for immigrant causes. What you did in the post immediately preceding your last post was inhuman. You "quoted" a bunch of lies, which should ban you from this list. I hope this was your last post in my topic, because I try to have my topic help others.

it might be helpful to you,singledad2usc, to consider how others view your circumstance, how others perceive you..it may help prepare you for what lies ahead.

[Sandra G. 5,026]

singledad it seems your lawyer is not willing to put some effort in supporting your case and he wants to keep it simple,but in Vawa cases I think is imprudent any lawyer to keep a Vawa case simple, of course you have to submit all pictures you have about the abuse suffered.I never submitted any Vawa petition with less than 100 pages.I never got a single RFE and all cases were approved,it means the officer adjudicating the cases read every single document submitted. Your affidavit should not have more than 10 pages ,I would recommend 7/8 pages. It's between you and your lawyer the decision to include the kids in your petition,I would include without any hesitation and you have tons of proof indicating that your kids were abused by their mother. The kids are american but you can have your Vawa approved based in their abuse as well. As I told you from the beginning you have a Vawa case, but because you don't have any proof of her status your lawyer has to ask USCIS that and they are taking long time, we have in the thread Vawa part 3 one guy waiting 2months for the prima facie (it takes usually 20/25 days)but because he had to ask USCIS to check her status they didn't issue the prima facie yet.

Edited December 13, 2012 by sandranj

[SingleDad2usc 71]

thanx, valerie

[SingleDad2usc 71]

Your VAWA experience exceeds his by much. I'll see what I can do. But your last fact is surprising: why isn't it easy for them to check? looking at her Asylum Grant letter, just punch up her A#...what's the big deal with that; how can I possibly have her documents since she moved out?

singledad it seems your lawyer is not willing to put some effort in supporting your case and he wants to keep it simple,but in Vawa cases I think is imprudent any lawyer to keep a Vawa case simple, of course you have to submit all pictures you have about the abuse suffered.I never submitted any Vawa petition with less than 100 pages.I never got a single RFE and all cases were approved,it means the officer adjudicating the cases read every single document submitted. Your affidavit should not have more than 10 pages ,I would recommend 7/8 pages. It's between you and your lawyer the decision to include the kids in your petition,I would include without any hesitation and you have tons of proof indicating that your kids were abused by their mother. The kids are american but you can have your Vawa approved based in their abuse as well. As I told you from the beginning you have a Vawa case, but because you don't have any proof of her status your lawyer has to ask USCIS that and they are taking long time, we have in the thread Vawa part 3 one guy waiting 2months for the prima facie (it takes usually 20/25 days)but because he had to ask USCIS to check her status they didn't issue the prima facie yet.

[purplepenguins 88]

purplepenguins, your last post may have links helpful to someone.

I'm surprised you work for immigrant causes. What you did in the post immediately preceding your last post was inhuman. You "quoted" a bunch of lies, which should ban you from this list. I hope this was your last post in my topic, because I try to have my topic help others.

Help others? I read your posts, and I saw you working to help yourself to something that you're really not entitled to. The most hilarious part is you freely and arrogantly acknowledged that you see yourself as more deserving of a driver's license than other (non-white) undocumented immigrants (in your "how can I get a drivers license" posts), tried to use your Canadian citizenship only when it potentially was helpful (to maybe legally drive with a Canadian license)...and now consider yourself an immigrant akin to other undocumented immigrants applying for relief. Do you think immigrants from Latin America, Africa, or Asia have much luck at the local DMV with gifts of chocolates?

I'd LOVE to see stats of how many Canadians thatwere waived in without even a visa have subsequently filed to prevent their return to Canada. Want to escape violence in the US? Ok, go back to Canada. I am definitely envious of your healthcare system. I live with a family member with autism, and I know his caregiver would LOVE free healthcare for him.

To me, flagrant abuse and manipulation of our already broken immigration system is inhumane. Refusing to get your kids dual Canadian citizenship when you very well could be deported, leaving them stuck in foster care, is inhumane. I guess we'll have to agree to disagree.

Edited December 13, 2012 by purplepenguins

[purplepenguins 88]

Let's see your first post on this site:

"Fully 11 years in US, my state now refuses (Real ID Act) to renew my Driver License – as I never had SSN or any INS paper issued to me. So I must apply for lawful residency – but how to do it safely?"

You acknowledge you "must" now become a LPR to be able to renew your license. Not protect you or your kids from violence. You were fishing for any possible way to do this- hardship to USC kids, potential VAWA case, anything. I have to say, I've never once heard an undocumented immigrant say they want immigration relief so they can renew their drivers license, let alone a VAWA case. Do you see how this self-serving manipulation of VAWA can enrage actual advocates for immigrants?

racially charged posts should not be allowed

I agree! As a non-white US citizen married to a non-white immigrant, imagine the slap in the face I felt reading about how you have no fear of illegally driving in the US due to your race and Canadian passport that's apparently only convenient when it serves you. Otherwise, Canada isn't an option!

Edited December 13, 2012 by purplepenguins

[Sandra G. 5,026]

singledad I don't have any explanation why they take so long to find out about the abuser status, but as I said we have here in the VJ one case the guy asked USCIS to check his adjustment of status petition that he submitted last year because he doesn't have copy of her documents anymore and in his file there is a copy of her american passport, he is waiting almost two months for Vawa Unit to check his old file, and they didn't issue a prima facie yet.

Edited December 13, 2012 by sandranj

[Sandra G. 5,026]

Purpleppinguins why do you thing singledad is not entitled to file Vawa? Of course he Is entitled to file Vawa.He was battered and his wife was sentenced for assault.He must prove domestic violence and he has proof,he has to prove bonafide marriage i believe he will be able to prove that,he has to prove good moral character and he will be able to prove that.The only thing missing in his case is to find out if she became an LPR or US Citizen and as soon uscis find out her status he has a complete Vawa case and if she is not an LPR or Us Citizen he has a U case.It doesnt matter if he is Canadian,Chinese ,latino etc...he must prove domestic violence and bonafide marriage that is it! There is no mention in the INA law that people from first world Country can't file Vawa.If he was a latina,african or asian woman everyone would say "poor woman" but because he is a man and Canadian many people think he is not entitled to get a GC.He was battered and we should not consider his nationality but what he suffered.

[belinda63 2,981]

I think purplepenguin's issue is that SingleDad hasn't had a care about his lack of status in regards to the dangers to his children if he is arrested or deported but rather it only became an issue when he could not obtain a driver's license. Just think, if SingleDad had been given a driver's license he would not be seeking to obtain legal status.

What I wonder is what his children will be thinking when they become older of how their father chose to live in a country illegally, not able to work, living on government hand-outs, rather than taking them to a country where he would be legal, could work, and they could have a decent life. He says he cares the world about his children but I certainly wouldn't chose to live this way.

I think it is horrible (my personal opinion) that two people could come to this country and intentionally remain past their given visit time, have a few marital problems, and one of them can them obtain legal status. This was by definition "domestic violence" because she did strike him but in my book hitting someone one time without causing physical injury is not domestic violence.

Edited December 13, 2012 by belinda63

[SingleDad2usc 71]

belinda, out of context and in the hindsight - everyone is a genius. facts are: until 2 out of 100's members here raised a possibility that 2003 events did qualify me for status, I didn't know that. The racist poster here now jumped on my discovery process, faulting me for driving legally (while "paraphrasing" and incinuating lies) - and crying how I could even think of driving legally. He also makes up "lack of evidence" and racial elements - and should definitely leave my thread.

I hope other people who suffer learn at least something out of what I've suffered:

- win in Family Court. The Judge with many decades of experience heard the case for over a year and ruled in my favor, and against Child Protective Services

- don't be affraid, don't give up and work to enforce justice: in more recent years, I self-represented and have won twice with two different Administrative Judges to keep my Preventive Case open

- don't give up your children, no matter the extent of birth defects or the enormous load of 24/7 care they may demand of you

- no matter how many bad people (and not so good lawyers) may spend their living breath to purposely hurt another human, never surrender your children. To all of you who count the bare necessities for which I must, over stringent year-round processes, qualify just to maintain my children's survival and growth - maybe you could mail my daughter a tablet or a smart-phone, so she doesn't cry that all other 30 classmates have one, or two, or three... and my son is asking for "LIRR train", which unfortunately none of his 5 classmates seem to have

Edited December 13, 2012 by SingleDad2usc

[belinda63 2,981]

While I feel sorry for your children as they have no say in this, why didn't you think of your children for the past 14 years you have lived here out of status and unable to provide for them and actually move back to Canada where you could work and afford to buy your daughter a tablet and your son an "LIRR train". You made these decisions for your children yet you want charity and the US government to feel sorry for you and the 14 years of your bad decisions. If you really cared for your children you would have moved, long ago, to a country where you could work and provide for them. You must be happy living her out of status (except you can no longer legally drive), risking your children being placed in foster care while you risk being incarcerated and deported, living off your children's government aid, and playing the "feel sorry for me" game with charity. If you weren't happy living like this you would have done something to change it in the past 14 years. You want to remain in the US so badly you have risked your family and caused your children to live in poverty for all their lives.

[SingleDad2usc 71]

I have no idea why you and your "popular" cohorts live to prevent legal immigration. No one in the past 9 years, until only 2 out of 100s members here did, advised me that I did have safe path to legalization. I could never remove my son in favor of colder living; and officials and physicians saw to prevent that. Why countless you make concious effort here to hurt other human beings and children, with your lies and inuendo? What's in it for you, when will you be accounting to human kind for destructiveness of your occupation - to sit in immigration help forums and to hurt people and their children?

And you're not alone: when wise family court judge addressed 4 young attorneys battling in front of him in 2004 - he knew they had it in their power to help. But I only find out this fall of 2012: if ACS in 2004 disposition didn't move to simply dismiss against the mother who was in contempt - they could have instead issued me U-visa certification! Only to think about it: what piece of work those Child Protective Services and their lawyers were. They instead were aiming to break the family by any means, and to get paid for private adoption. When the Judge figured it out, he said looking straight into their eyes: one parent is out, she has no interest. Here in front of me for the past year is the other parent who has submitted to all requirements of this court, and is asking to take children home. If you appear in my courtroom one more time to tell me that he doesn't have something necessary to take care of these two children - I will fine you $1,000 a day until you make sure that he does

Edited December 13, 2012 by SingleDad2usc

[purplepenguins 88]

Purpleppinguins why do you thing singledad is not entitled to file Vawa? Of course he Is entitled to file Vawa.He was battered and his wife was sentenced for assault.He must prove domestic violence and he has proof,he has to prove bonafide marriage i believe he will be able to prove that,he has to prove good moral character and he will be able to prove that.The only thing missing in his case is to find out if she became an LPR or US Citizen and as soon uscis find out her status he has a complete Vawa case and if she is not an LPR or Us Citizen he has a U case.It doesnt matter if he is Canadian,Chinese ,latino etc...he must prove domestic violence and bonafide marriage that is it! There is no mention in the INA law that people from first world Country can't file Vawa.If he was a latina,african or asian woman everyone would say "poor woman" but because he is a man and Canadian many people think he is not entitled to get a GC.He was battered and we should not consider his nationality but what he suffered.

I have worked with men of different sexual orientations who have filed VAWA and U visa in a variety of circumstances. I've worked in DV/SA/human trafficking since 1998, so please don't belittle me with the assumption that I believe that intimate partner violence only occurs in heterosexual relationships and victims are exclusively female and perpetrators exclusively male. My issue is that by his own admission in his first post, his goal has been to renew his driver's license. He is in a serious situation being the undocumented sole caregiver for 2 children with special needs.

He says he's a good parent, and I don't know if he is. I hope he is. Yet, it's totally irresponsible for him to refuse to get his kids Canadian passports and just feel they entitle him to remain here. He can't "see the forest for the trees", as they say. He could get detained and deported. His kids could get put in foster care. This isn't an optimal situation especially given he has the wonderful option to be together as a family in Canada.

Check out today's Huffington Post. Kids sent Christmas cards to the White House asking to stop deporting their parents. This is real.

http://www.huffingtonpost.com/2012/12/13/deportation-family-kids-stop-letters-congress_n_2292559.html#slide=1878300