U-visa certification

[belinda63 2,981]

Since your last contact with her was in 2004 I don't see what evidence of abuse you have from after that, other than claiming she and her friends made some threats by phone from a blocked number. AGAIN, and you have been told this by others, failure to pay child support, especially since she was never Ordered to pay any, is not abuse. Her failure to appear in civil court is not abuse.

[SingleDad2usc 71]

sure; but we keep veering off my dilemma, and I have to re-post the gist:

Does it help VAWA application, given that conviction for physical harm was while living together 9 years ago, to claim that mental abuse continued (albeit I'm not saying that I'm not managing to hold myself together - and I'm not engaging in therapy)? My apprehension is that Vermont may not like, if I stop my story in 2003-2004: might 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 claim mental harm. 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?

[Ihavequestions 419]

As I've told you, over and over, google is your friend.

http://www.nytimes.com/2011/07/23/nyregion/records-release-leads-to-dispute-over-immigrant-prosecutions-in-new-york.html?_r=0

The records you have, including the "certificate" which was mailed to her by the court after she completed treatment, are not yours. They belong to your maybe or maybe not wife.

And, as the article explains, sealed records CANNOT be used in immigration cases.

[belinda63 2,981]

Again you keep ignoring what I am saying......how has she mentally abused you or abused you in any way when you have had not contact with her in the last nine years? Unless you are trying to claim PTSD?

[SingleDad2usc 71]

1. I really appreciate Mr.ihavequestions providing LINKS. I hope more members do it!!

2. In case of this particular link, I have varied determination:

a. the wrangling over records should alert us to possibility that all officers of the court will be more apprehensive than they were previously.

b. article certainly wasn't addressing anything near my case; it was addressing reverse use of records.

To list my evidence of 2003 physical harm by spouse's hand, while living together on US soil:

1. my affidavit

2. police report of arrest, with box WEAPON marked, box INJURY marked, my details and police details of attack

3. full orders of my protection against spouse, extended 3 times to cover the entire period of her prosecution

4. WebCrims print-outs with dates she was scheduled for her appearances at MD1

5. original of her certificate of completion of Phase I of Mental Health Court mandates, dated 6 months after trial began

6. Time-stamped letters I submitted to ADA, to update ADA on goings on in the family during my wife's 13-months tenure under Court's jurisdiction (it so happened that current internet photos I showed Prosecutor and Court Psychiatrist prompted extention of her court-mandated treatment by one month).

So you cast doubt on DA office ability to issue me U-visa certification? Or doubt on evidence of physical harm sustained, qualified under VAWA?

[SingleDad2usc 71]

as stated earlier, I prefer NOT to bring claim of mental abuse. Physical harm sustained was enough for VAWA. My dilemma is whether my affidavit should address totality of spouse's treatment of me and/or children, without claiming or having to prove any more abuse than one prosecuted physical attack. My apprehension is more on the side of "qualifying relationship", given NOT residing under the same roof for 9 years - although still married

Again you keep ignoring what I am saying......how has she mentally abused you or abused you in any way when you have had not contact with her in the last nine years? Unless you are trying to claim PTSD?

[Ihavequestions 419]

https://www.nycourts.gov/press/AccessToCourtRecords.pdf

[SingleDad2usc 71]

nothing pertaining to my case, but may be useful in some cases and thus...appreciated much!

[Ihavequestions 419]

nothing pertaining to my case, but may be useful in some cases and thus...appreciated much!

Oh, you might want to read that again. It cites specific laws pertaining to access of sealed records and, what a surprise, possible husbands are not a permitted party.

[SingleDad2usc 71]

I have zero intention of paying to access anybody's court record. How does any of this relate to my lawyer obtaining U-visa certification from DA office and/or from Child Protective Services?

[Boiler 43,627]

U visas seem to be handled mainly by non profits.l

I doubt many on boards like this will be familiar with the details.

They are numerically limited.

[SingleDad2usc 71]

Yes, 10k/year starting each October 1. This year ran out by Aug.

My objective is to file VAWA, probably based just on physical harm sustained in 2003. So the big question is: if I include U-visa certification from DA office (certainly firms up that 2003 incident even further) in my VAWA packet - might it backfire and sway I.O. to find reasons to make me sweat VAWA claim, just because I have an alternative path? VAWA is quite discretionary - so don't say person either qualifies or not; I.O. has some leeway, and no packet can be perfect in all respects...

[ceadsearc 516]

As Boiler said - no one here is likely familiar with that. Have you looked at the board Immigrate2Us? They handle tougher cases. VJ is a DIY board and so with very uncommon cases or questions you are going to find people are just guessing. And when it comes to getting a visa, you don't want people guessing.

[belinda63 2,981]

Maybe there is another possibility. Your wife, during all of the criminal court proceedings, civil court proceedings, social services actions, child support actions, etc. was brought to the attention of immigration and she was deported for committing immigration fraud on her asylum application since she stated she was single when she was, in fact married.

Or during your filing for VAWA her immigration fraud will certainly come to light and she may be stripped of all asylee/immigration benefits and deported which means you don't have grounds for VAWA.

To cut and paste from the link ihavequestions posted that you claim doesn't apply.

D, Confidential Records

Records contained in a court file that are deemed confidential may not be disclosed absent a court ord(

including the following:

• Mental health records, including records of commitment, retention and discharge proceedings of the

mentally ill and mentally retarded (see Articles 9 and 15 of the Mental Hygiene Law; CPL 330.20) and

clinical records submitted in connection with the proceedings (see Mental Hygiene Law § 33.13[c])

• Other records or documents that have been sealed or designated confidential by the court

Her records were ordered sealed by the Court, only a Court can Order them unsealed. That means no information contained within them can be released.

[SingleDad2usc 71]

None of what you just said is realistic or relevant, I'm sorry to say... I have no idea about your motivation... At the end, my simple query as to what to best submit AND what not to submit in my VAWA packet - remains unanswered.

You two keep saying that her court records shouldn't be released by Court - and I've firmly/bluntly explained that I'm not seeking any Court document of hers. One last time: I need to obtain no info of hers from any court.

All that's happening is a pro-bono lawyer is requesting U-visa certification from DA office, conveniently located on same floor. The only doubt lawyer expressed was that DA files of that period might have been archived and moved by now - so it may take a while to grab a hold. I don't see what else DA office would have to perform, other than retrieve own file from own archive. The lawyer likely already put request in, as well as sent a letter to Child Protective Services requesting the entire file re: my name and children names. Apparently, requests re: my spouse's name can't be done.

Edited October 1, 2012 by SingleDad2usc