VAWA-Step child of USC

[Back&Brighter 1]

Hello !

Recently I found my USC wife has been abusing my daughter who is 7 years old. Earlier she used to misbehave, yelling at her and I always stopped her doing so. But now I am observing its getting serious and she listen to nobody.

Infact she does same thing to me as well but I am avoiding situations b'cos of immigration situation.

Could somebody help me with some really good links about VAWA which can provide useful VAWA info?

My daughter and myself are getting abused by my USC wife(daughter's step-mom). But at this moment I really need to understand what abuse really counts for VAWA and what not.

Also, I don't have any Police reports to show that. What else I need to get or do in order to make my claim strong?

Can my daughter (7 years old) file independently for VAWA? What would the supporting documentation needed for this?

What evidences I need in order to support the fact that abuse happened?

Can I be included on daughter's application?

God Bless All !

[Sandra G. 5,051]

You should join the thread vawa part 4.

[Sandra G. 5,051]

http://www.uscis.gov/USCIS/Laws/Memoranda/2011/August/VAWA-Elder-Abuse.pdf

[Back&Brighter 1]

Appreciate your help, Sandarnj !

I'll come back to vawa part 4

[Villanelle 4,122]

Hmm well, what exactly is your current immigration status and that of your child that you are seeking VAWA?

From my understanding

The intending petitioner can be:

-the abused spouse (and their children are considered derivatives on the application),

-an abused child unmarried under the age of 21, (subsequently if that child is old enough to have their own children their children would be derivatives on their application)

-non abused spouses if the USC or LPR has abused your child- the child must be under 21 and unmarried and would be listed as a derivative on your application.

-abused parents of a USC only over 21 yrs old.

According to your post you stated both you and your daughter were victims of abuse, however further down you only mention seeking VAWA for the child and not for yourself. (not sure why)

Your choices would be to file as an abused spouse (if you have sufficient proof for yourself) and have your child be a derivative, Or file as a non abused spouse of an abused child (if theres not enough proof of the abuse against you- but just proof for the child) and both you and the child would receive the benefits. If you submit only the petition for your child, only the child will receive the benefit. You would not be a derivative on your childs application.

But like Sandra said, there is plenty of info on the VAWA thread.

There are plenty of advocates and pro-bono lawyers that can assist you with filing for VAWA and helping you get the necessary documents needed to file.

[Back&Brighter 1]

Thanks Capri !

My USC wife had filed AOS for myself & daughter which was eventually denied, BIA appeal is pending.

Its been over a year now. After the denial, my wife got changed, started taking advantage of immigration situation and started abusing us. Moneywise, controlling, misbehave, isolation etc

I am looking at the options of filing VAWA. Trying to weighing down both options (myself or daughter) so either of us can file VAWA depending on who has stronger evidences or chances.

See I am matured person and I might be now got used to it but for my daughter its worse. I want to stop for her.

I can spend more time with abuse if i am able to take my daughter out of this mess.

You mentioned "-an abused child unmarried under the age of 21, (subsequently if that child is old enough to have their own children their children would be derivatives on their application)"

- So, a 7 year old child can apply on its own? I mean independent application for VAWA.(Of course parents will be helping her to write story, evidences etc). What do you think?

And if child files for VAWA can a parent(Spouse of abusive USC) can be included on her application? OR parent can apply later based on her approval?

- Child application needs what in terms of residence, of course relationship to USC. Will she need bonafide marriage requirements also?

Please excuse me if I am asking useless questions. At this time I am trying to get out of this mess and for that I am looking at the best possible route with whatever resources available to me.

Please provide details.

Sandra - You can also jump in if you want to. We have very few people with the kind of knowledge you have.

Edited September 26, 2013 by Back&Brighter

[Back&Brighter 1]

Also, i would like to know what kind of documents i need to show abuse. And what are the most important for USCIS to make decision?

I have more that sufficient for other sections like Evidence of USC, relation to USC, residence,

bonafide marriage evidences, Good moral character etc.

[Back&Brighter 1]

Anybody have experience/knowledge/links about child filing VAWA?

[Villanelle 4,122]

No you need to re read it again

the intending petitioner can be one of those 4 types of people.

Type one is an abused spouse. Their children are listed as derivatives on their application whether the children suffered abuse as well or not. When approved everyone gets the benefit (the spouse and all the children). But the spouse must be able to prove the abuse they suffered.

Type two is an abused child under the age of 21 that is unmarried. The only derivatives on their application would be any children they may have if they are are of age to have children (so were talking young unwed mothers age 16-21 here) Their parents can not be derivatives on their application. After proving the abuse and approved they get the benefit along with their children if applicable.

Type three is a non abused spouse with an abused child (unmarried under 21). The non abused spouse is technically the applicant and the abused child is the derivative. After proving the abuse the benefits would be granted to the applicant and the derivatives.

Type four is for parents of USCs only over the age of 21. This is mainly for naturalized USCs who brought their elderly parents over on visas and are abusing them and is not applicable to you.

So again, you would need to review what kind of proof you would have of the abuse since you are stating it was against both you and your daughter.

Your choices would be to either file as an abused spouse and file that way and have your child receive the benefit as a derivative under you in which case you would have to prove the abuse against yourself, or file as a non abused spouse with an abused child and prove the abuse against your child, in which case you would also get the benefit.

You do not file child alone, because if you file child alone (which you can) just the child alone will receive the benefit, but thats rather pointless because then later on you will have to file for your own VAWA, and on your VAWA your child wouldve been included, and you couldve filed as parent of child instead of just child and got the benefit. So why in the world would you do 'just child'?

-

The most important thing is to remove you child from an abusive situation and to contact the authorities. So I dont really understand your statement of I can spend more time with the abuse if I can take my daughter out of the mess (by getting her VAWA right now and not getting it for myself) VAWA is not a magically blanket of protection from abuse. Its a long slow process (18+ months) and all it will give you is a plastic greencard of status.

If you want to get your daughter out of this 'mess' you need to physically remove her from the home.

The basic building blocks for VAWA, well VAWA can be either a physical abuse VAWA or a mental abuse VAWA or both. For physical abuse VAWA you need things like police reports, restraining orders, photos of injuries etc. Mental abuse VAWA is supported by an evaluation from a psch evaluation stating you are suffering from extreme depression, PTSD or anxiety due to the abuse. Most people also submit things from social workers or DV shelters they went to after leaving the home. You also write up your own 10-12 page statement.

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I personally believe your first step should be to contact the authorities and report the abuse towards the child and file the appropriate reports and then subsequently and promptly remove yourself and your child from the situation. You can then contact a legal aid group and discuss with them your options for filing VAWA. They could then review the specifics of the evidences you do have and would be able to obtain and advise you on which path would be the best way to go, whether its abuse towards you and the child is the derivative, or abuse of the child and you file as the parent of the abused child.

If you prefer to contact legal aid first, thats your choice, but do it sooner rather then later because each day that goes by that you do not remove the child from the home and allow the abuse to go on your child is suffering.

[Back&Brighter 1]

I can't thank you enough.

You explained all this so well.

Completely agree with you.

Which authorities are you talking about here, Police or something else?

So, they'll provide me the reports when I complain?

I am in Bay Area California. Could you pls suggest me any legal aid group or how I can search the same?

I need to choose between Type One & Type three.

Could you pls help me to compare both? I understand in Type One I need to prove the abuse happened to me plus

other docs related to residence, relation to USC, GMC, Bonafides of marriage etc.

How about in Type three?

Will there be any difference in documentation or evidences wise between these two?

Appreciate your thoughts!

[Merrytooth 5,748]

My USC wife had filed AOS for myself & daughter which was eventually denied, BIA appeal is pending.

Why is your AOS denied?

[Back&Brighter 1]

Due to discrepancies in the answers and so couldn't believe the marriage bonafide.

Even though we submitted tons of evidences of our lives together including financial comingling.

[Villanelle 4,122]

Well you need to understand what VAWA is and what it isnt. A basic explanation is - its a way for abused aliens to adjust status with out the support of their abusers. Because its cruel and unfair to require someone or put someone in a position where they need to remain in an abusive situation to wait out immigration benefits. If you are entitled to a GC based on your bonafide marriage, you shouldnt have to remain in the marriage and be abused because youre waiting for it to be processed, or because part of the abuse is the abuser saying Im just not going to allow you to have the status.

Its actually just the regular AOS process with additional requirements, because in addition to everything you have to prove to adjust, you also have to prove there was abuse- thereby eliminating the need for the support of the USC and allowing you to become eligible to self-petition.

For self petitioners who are 'spouses' (numbers 1- the abused spouse, and number 3 the non abused spouse and parent of abused child) they must prove everything that a normal spouse petition would. Which is bonafide marriage.

For number 2- a child just applying on their own, they would not have to prove the marriage. They are not a spousal petitioner. However as explained having the child apply as the petitioner is only going to grant the child the benefit. I can see people applying this way in cases where a child was removed from an abusive home and the child had no status. For your situation though, if you leave the home most likely your appeal process will stop as your wife will stop pursuing it, and if you only apply this way for the child, your child will most likely be approved if the abuse evidence is strong and at the end of the day your child will have status but you will not. You would then have to apply for yourself for VAWA and show the evidence of the marriage as well as evidence of the abuse against yourself.

So you could have 2 separate VAWA claims, one for just yourself as an abused spouse (with no derivatives) and show proof of bonafide marriage and abuse and one for your child as an abused child filing independently where the child would not have to show proof of the marriage.

Or you can file one VAWA claim either as an abused spouse with the child as a derivative and show proof of the marriage and the abuse towards yourself, or file as the non abused spouse parent of abused child and show proof of the marriage and the abuse towards the child.

But there is absolutely no way you can receive a benefit with out showing proof of the marriage to their satisfaction. Your child can, but you can not.

Because you were previously denied based on the bonafides of your marriage its in your file and they will see that and you will need to overcome that.

You also do not say specifically what type of abuse is going on, just a general inquiry of what types of abuse counts and what doesnt. Allegations of child abuse is very serious and are not taken lightly by the authorities. You say she use to just yell at her but now its getting more 'serious'. What does that mean? Does she physically harm the child? Does she withhold food from the child? Does she mentally abuse the child? Does she lock the child in a dark room? Its usually a good idea to begin by telephoning the police and filing a report and having them involve child protective services to further investigate. Depending on exactly what has been transpiring the child may be in need of immediate medical care (which the police would address) or long term psych care. CPS can put you in contact with a social worker to help you get those services. A social worker may also be able to help you with other DV resources.

But you need to keep in mind CPS only has the childs interest in mind, not yours. They are going to do what they think is best for the child. There is a chance that charges can be filed against your wife for her actions against the child. Once you make a call like that and notify the authorities you need to be prepared to leave the home that same day, ideally at the same time the police leave and never return, because you do not want to remain in the home with an abusive person afterwards.

To purse an abuse claim against yourself for mental abuse, you should immediately remove yourself from the home and seek out as it has been explained in the VAWA threads a dr that can perform an evaluation of you and get you some medication to help with the condition you are suffering from.

If its physical abuse that has been going on between you and your spouse, unfortunately if you have no police reports or other documentation of it, its going to be very hard to prove with out any. Im very very hesitant to say remain in the home until an incident happens where you can call the police and obtain the report you need to file for VAWA. Because I do believe you need to get out of there for your safety and well being. But the facts are with out a police report and documentation you have little chance of a successful physical abuse VAWA claim. Its a very unfortunate situation and its actually quite disgusting to have to post, yeah it sucks, it hurts, Ive been there, but you kind of have to go through it one more time, and this time get the proof of it by reporting it because you need that proof to file. All those other times will mean something when you write your letter, but with out the proof (the one report) theyre not going to even read the letter and they will be meaningless.

Here is a link to legal aid services in CA

http://lawhelpca.org/find-legal-help?location=bay+area&topic=protection-from-abuse&subtopic=immigrants-domestic-violence&action=search

[Back&Brighter 1]

WOW !

You did a great analysis Capri !

Let me first grasp it :-)