Physically separated from abusive spouse conditional green card interview

[Maria2012 16]

You don't need a lawyer to file for divorce.

[Sandra G. 5,016]

If the advocate you are referring is the advocate for victims of DV then USCIS will not allow her to enter with you. It will be allowed to enter with you just an attorney or a translator. Without the VAWA receipt, the Immigration officer probably will not put the AOS on hold .

If your AOS is denied you probably will get the NOTICE TO NTA (NOTICE TO APPEAR IN COURT) in 35/45 DAYS after the denial, and you will be in trouble if you did not start therapy in order to have a psychological evaluation done

[Iamvj 0]

Thank you VJ especially Sandraj.. I will give a call to my advocate on Monday and talk about this.

[Sandra G. 5,016]

You can file VAWA even if you are in removal, but then you will need to find a lawyer to represent you.You do not need an attorney to file VAWA if you are not in removal proceedings, but once in removal is advised to have an attorney to represent you.I suggest you start therapy ASAP, make sure the professional is a PSYCHOLOGIST, not a counselor or social worker, make sure she knows that you will need 5/7 therapy sessions and a psychological evaluation,if you do not have a police report or medical records.

Edited July 26, 2015 by sandranj

[rhein 451]

You can file VAWA even if you are in removal, but then you will need to find a lawyer to represent you.You do not need an attorney to file VAWA if you are not in removal proceedings, but once in removal is advised to have an attorney to represent you.I suggest you start therapy ASAP, make sure the professional is a PSYCHOLOGIST, not a counselor or social worker, make sure she knows that you will need 5/7 therapy sessions and a psychological evaluation,if you do not have a police report or medical records.

I have some questions on OP's behalf. She will verify we are friends, and she said I can go ahead and ask this.

First off, she does have a police report. Does this help, then?

Secondly, the pro bono legal organization she's been talking to (different from the 'advocate' she's mentioned) is telling her to go to this hearing first and then file VAWA afterwards. So we are getting conflicting information.

Thirdly, how would anyone know that they should be seeing a psychologist ahead of all of this? In all my research, this is the first I've heard of this. Just wondering, where does this come from?

This isn't my area of expertise, I'm a law school grad, but I've never practiced, so all I know is what I've read on legal websites. I can tell you that the facts of her case are pretty extreme.

[madtownguy 164]

I have some questions on OP's behalf. She will verify we are friends, and she said I can go ahead and ask this.

First off, she does have a police report. Does this help, then?

Secondly, the pro bono legal organization she's been talking to (different from the 'advocate' she's mentioned) is telling her to go to this hearing first and then file VAWA afterwards. So we are getting conflicting information.

Thirdly, how would anyone know that they should be seeing a psychologist ahead of all of this? In all my research, this is the first I've heard of this. Just wondering, where does this come from?

This isn't my area of expertise, I'm a law school grad, but I've never practiced, so all I know is what I've read on legal websites. I can tell you that the facts of her case are pretty extreme.

Extreme? So her ex is in jail? As a law school grad I'm sure you know a police report doesn't make a situation extreme, you can get a police report on a visit. If he wasn't charged with a crime I consider it a civil dispute. I've never heard on the forum about the psychologist before but it makes sense. the VAWA is the main thing but I would think length of time here factors in somewhere. I thought I remember her saying she hasn't been here very long, it may not matter but I think with something like this the interviewer will have a lot of discretion in the decision. I would research the pro-bono lawyer, do they know what they are doing? Are they immigration lawyers? She's kind of in a tough spot, with no money it's going to be hard to get the best advice. People conflict on advise all the time on the forum, so I think you will get many different recommendations. The really expensive immigration attorneys are worth it in certain situations, if you could get a free consult maybe you would find out more. Miami and L.A. have some of the best immigration attorneys in the country. In the end though nobody can guarantee she will get a resident visa.

[belinda63 2,981]

She has no green card as of yet and since her marriage is not working out she is not eligible to obtain a green card based upon her marriage to a US citizen (since the marriage is not there anymore). If she had her conditional green card and was filing to remove conditions it would be a different ball game.

She needs to follow through, as Sandra said, with getting as much of the VAWA stuff done as she can as soon as she can. Without VAWA she will not get the green card.

[Villanelle 4,121]

I have some questions on OP's behalf. She will verify we are friends, and she said I can go ahead and ask this.

First off, she does have a police report. Does this help, then?

Secondly, the pro bono legal organization she's been talking to (different from the 'advocate' she's mentioned) is telling her to go to this hearing first and then file VAWA afterwards. So we are getting conflicting information.

Thirdly, how would anyone know that they should be seeing a psychologist ahead of all of this? In all my research, this is the first I've heard of this. Just wondering, where does this come from?

This isn't my area of expertise, I'm a law school grad, but I've never practiced, so all I know is what I've read on legal websites. I can tell you that the facts of her case are pretty extreme.

I would suggest you read some of the VAWA thread or some of the many posts in the Effects forum re-vawa. There is tons of information. However because there is sooo much and its so spread out heres some key points for you-

VAWA can be filed based on either mental abuse or physical abuse (or both). Each one has its own set of proofs required by USCIS. Heres the kicker that gets most people riled up- USCIS has its own standard for burden of proof. Please read that carefully. Lots of people come on here with sad and true stories and are told bluntly this is not VAWA. It can be abuse but that doesnt make it VAWA.

VAWA itself is a slang term used in the forums which logically makes no sense as it stands for the violence against women act and poor Sandra spends a lot of posts correcting people who use the terminology wrong- but hey its an internet forum and when its being used as slang in casual postings- meh.

As Belinda stated she has no GC. She is suppose to be going to the joint interview to have it issued (correct?) So Sandra advised you what will happen if she shows up with just the RO they will deny her and place her in removal proceedings. She will then need a lawyer to undo the mess. Ideally she should file for VAWA (the 360 form) first- before going to the interview and bring the proof with her and do as she stated ask them to hold the 485 to match it up with her VAWA approval when it happens.

Going back a bit- for a mental abuse claim you need certain things like psch report, for physical abuse you dont need that, you need police reports, RO, medical reports etc. Again the standard of proof for USCIS may not match up with the standard of proof needed for a shelter or a DV advocate or even court of law.

A VAWA attny can explain to you what is needed and evaluate the case and let you know if you have a VAWA case or not.

While it may seem the information is conflicting its really not. There are just many paths to bring you to the same result. One will have her going into removal proceedings and then working her way out (totally possible) and the other will have her avoiding them. It appears the pro-bono advice she received so far is having her go into them and then work her way out where as Sandra is advising to avoid them.

[Sandra G. 5,016]

john and sol I think you misunderstood what I said,I did not tell her to attend therapy and have a psychological evaluation done before attending AOS interview,I was referring to file I360, and I said in case she gets a notice to appear in Court she will need to have her case ready USCIS may take 35/50 days to issue the NT after the interview,and she should not show up in Court without her case ready. To attend 5/7 therapy sessions the alien needs toat least 40/60 days, but I was VERY CLEAR that she needs a psychological evaluation if she does not have a police report,and of course the police report should state about the physical abuse suffered or threat, and not just because a verbal altercation happened.

Edited July 27, 2015 by sandranj

[Sandra G. 5,016]

The alien does not need a psychological evaluation because of the AOS interview,but any alien without a police report should get a psychological evaluation to submit along with the form l360.

We had several people here that had the AOS denied because the Immigration officer did not accept to put the AOS on hold,and just 3/4 cases the IO gave 30days to prove the l360 was filed.

Edited July 27, 2015 by sandranj

[Sandra G. 5,016]

Madtown the OP husband does not need to be in jail to consider that she suffered significant abuse or that the alien does not have a VAWA case, he does not need to be charged with any crime either, almost 50% of the abusers are not charged with any crime.Almost everything you said is wrong.

As I said before a verbal altercation will not be enough for a VAWA case, calling the cops because the husband is drunk is not base for a VAWA case, but a threat to harm someone is completely different.

For immigration purpose extreme cruelty is mental abuse, any physical abuse that a person suffered is called by USCIS as assault.The terminology used by USCIS is not the same used by the police or by the judicial system.

Length of time is not considered by USCIS. I have a VAWA case aproved and the alien was married just for 06 days when he suffered physical abuse I have another case the alien was married 16 days. Abuse has no time frame, it happens every day in the USA and worldwide . Each 40seconds a person is battered in the USA by the spouse/partner. Every year over 3.000 people are murdered in the USA by their partners, please educate yourself about domestic violence and extreme cruelty.

Edited July 27, 2015 by sandranj

[madtownguy 164]

Madtown the OP husband does not need to be in jail to consider that she suffered significant abuse or that the alien does not have a VAWA case, he does not need to be charged with any crime either, almost 50% of the abusers are not charged with any crime.Almost everything you said is wrong.

As I said before a verbal altercation will not be enough for a VAWA case, calling the cops because the husband is drunk is not base for a VAWA case, but a threat to harm someone is completely different.

For immigration purpose extreme cruelty is mental abuse, any physical abuse that a person suffered is called by USCIS as assault.The terminology used by USCIS is not the same used by the police or by the judicial system.

Length of time is not considered by USCIS. I have a VAWA case aproved and the alien was married just for 06 days when he suffered physical abuse I have another case the alien was married 16 days. Abuse has no time frame, it happens every day in the USA and worldwide . Each 40seconds a person is battered in the USA by the spouse/partner. Every year over 3.000 people are murdered in the USA by their partners, please educate yourself about domestic violence and extreme cruelty.

Sandra I said that is what I consider extreme abuse. I agree with what you are saying about bringing proof and seeing a shrink. But unfortunately I think too many people exaggerate abuse or use it as a game. I'm not saying the OP is, but it's way too one sided in this country. I had a restraining order against me once and the judge laughed her out of court. Now if you know anything about how easy it is to get a restraining order you would know that is odd. She shouldn't even got a temporary order until a court date because she said I threatened her multiple times. In court when the judge asked her to explain she said I threatened to take her credit card away in response to her breaking a law which she justified as something she needed to do. I don't care what the numbers are, the system is broken and far too one sided. A restraining order for instance is worthless it will not stop anything, mental abuse is so vague anyone can say they were mentally abused. I've seen first hand how poorly the system is one sided. Sorry for going off topic OP, this isn't pointed towards you I don't know much at all of your situation. But far too many times people come on here talking about a jealous husband or wife and people throw abuse out. While tons of relationships believe jealousy is a sign of love. Not everyone is made to be together, blaming abuse every time is a bit extreme.

[Sandra G. 5,016]

DAMARA you should consider studying Law to become an attorney or a DV advocate.You have in general a great reasoning, you like to write,then I believe you would be a good lawyer.

[Sandra G. 5,016]

Before someone jumps here and say the Court may take years to set up a master calendar hearing,I want to inform not every Court take long time like in NYC and Boston. Last Friday one person contacted me because her VAWA was denied in June ,I did not handle her VAWA, and she will have Court next month,she had the AOS pending ,as you can see the master hearing was set up fast.

[belinda63 2,981]

Madtown restraining orders do not stop bullets or knives or fists or anything else. I have know numerous persons who had restraining orders and were hurt or killed. I myself had one against my first spouse and it did not stop him from following me and threatening me. I agree the system is broken but rather than complain about it make suggestions to make it better. Anyone can complain, only heroes can fix it.