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Filed: Timeline

Would it be correct to say that a claim for VAWA status would be prima facie invalid if the alleged victim made no claim or abuse during the period it was taking place?

In other words...

Assume a spouse was psychologically or physically "abused." However, the abuse, if psychological, was not enough for the victim to even see a therapist. The abuse, if physical, was not enough for the victim to ever consult any kind of law enforcement or medical personnel. However, after realizing that a VAWA claim may be the only way to gain immigration status, the victim now asserts they were the victim of some sort of abuse.

Would the existence or non-existence of disruption of daily life be a factor? For example, the victim never went for any kind of help, but did sometimes miss work/school/social obligations due to the "abuse," or alternatively not only didn't feel the need for psychological/medical/legal intervention, but also never missed a day of work?

What is the threshold, if any, for someone to claim very late in the game "Oh I was abused?"

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Abusers can and have exerted psychological pressure and intimidation to prevent people they have abused from attempting to obtain help, to go to the authorities, etc.

That being said, the onus is always on the individual who has been abused and is claiming relief under VAWA that the abuse actually took place, whether that's with photographs, restraining orders, police reports, affidavits from people that witnessed the abuse, etc.


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Filed: Other Country: Brazil
Timeline

To prove domestic violence the alien does not need to prove he/she seek medical help, have a restraining order or police report.If the alien can provide affidavits from witnesses that saw the abuse happening or had knowledge when the abuse occurred,then the Vawa probably will be approved.The alien has to prove bonafide marriage as well,

It's advised to have a psychological evaluation if the Vawa is based in mental abuse, but the alien can start the therapy when she/he wants.

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