i751 with waiver for cruelty/battery

[longvanilla 0]

Situation:

2 year conditional permanent resident (expires march 2017)

17 year old daughter lives with her (conditional permanent resident also)

Separated from spouse due to sexual and verbal abuse, but still married

Working minimum wage job and lives where she works

Wants to file i751 with waiver for cruelty/battery

She ran away from her husband a few months ago after enduring an extended period of time of forced sex and intimidation from her husband. She was too intimidated to report him to the authorities for fear of her Green Card being revoked. She eventually ran away and found refuge in Los Angeles. She was able to relocate there through the help of a friend of a friend. She now works a minimum wage job, and lives where she works (in a home caring for the mentally disabled). She wants to file to remove her conditions with a waiver for cruelty/battery.

According to I751 instructions, the form must be submitted with the following evidence to prove extreme cruelty and/or battery:

Evidence of the abuse, such as copies or official records issued by police, courts, medical personnel, school officials, clergy, social workers, and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a shelter for the abused or similar refuge, as well as photographs evidencing your injuries

Here are a few questions that are materializing in my head as I think:

1. It has been a couple months since she last had contact with her husband, and has somewhat established herself in Los Angeles. What official records will she be able to avail? What police, court, medical, school, clergy, social worker, or other social services documents can she submit on her behalf in her fight for the I751?What specific social services would she be able to take advantage of?

2. Referring to legal documents relating to an order of protection against the abuser: Would this include a restraining order? Should she file a petition for divorce to show an initiation of separation?

3. If she is able to produce any primary evidence (text messages and/or facebook messages) would those be admissible in this case? Would she need a professional (licensed?) translator to translate the documents into English? The spouse is a filipino-american.

4. Is she able to apply for SNAP and Medicaid benefits? I understand that under normal conditions, LPRs are not eligible to take advantage of those benefits, but this is an extraordinary circumstance.

5. What else can she do to help her I751 case? I would like to send an impeccable I751 packet to USCIS on her behalf to where even the hardest reviewer would be overwhelmed with such an impressive and eclectic plethora of evidence.

This woman came to the land of opportunity with her head held high and her dreams and goals even higher. The abuse has taken a toll on her psychology, as she obviously suffers from PTSD. Lastly, I know that this poor woman is not the only one who has ever experienced this sort of atrocity. In my eyes, sexual exploitation is of the most formidable acts one can do to another human being. Death is arguably more acceptable to some women, as history shows that some sex slaves have welcomed death with self inflicted wounds.

I ask that we as a community put our heads together and provide the most valuable resource for this woman: INFORMATION

I further ask that VJers can freely use this thread as a reference for future circumstances like this one

Thank you in advance for your priceless input

[longvanilla 0]

~Moved from Removing Conditions on Residency to Effects of Major Family Changes where such topics are often discussed~

Where might I find this?

[Villanelle 4,122]

^That was just the mod moving your thread to a more appropriate location. (You dont need to do anything)

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As for your post- if you search in this sub-section (effects of major family changes) you will find many threads about filing the 751 with an abuse waiver. You asked a lot of very specific questions- honestly there are no straightforward answers. I think its better to just go over a general overview first and then if you have specific questions still to ask then--

So generally speaking- The alien in question here needs to file for ROC (removal of conditions) during the 90 days prior to her conditional GC expiring. You can find the dates on the card when it was issued/expired. USCIS expects the 751 form to be jointly filed. However there are what we call waiver tick boxes that you can check to allow you to file on your own with out the other spouse. (Please see the actual form/instructions). These tick boxes include things like widow, divorce, abuse etc. Please note if you are filing with a waiver (tick box) then you can file at any time. You do not need to wait until the 90 day window opens.

Whether you file with a waiver or jointly- all applications need to submit proof of bonafide marriage. So thats number one. Number 2- deciding what box or boxes to check for a waiver (you can check more then one). The general advice on VJ is one of common sense. The more boxes you check the more you have to prove. When you check multiple boxes you must meet not only the above bonafide marriage proof but satisfy each box you selected. So if you check divorce and abuse you have to prove both. Failure to prove everything you checked will be a denial.

To prove a divorce all you need is the final divorce decree. (simple enough for most). To prove abuse though--- well now you are getting into something more complicated. You have to realize USCIS has their own standards of what is abuse. Its not exactly what the criminal code defines in all instances nor what common sense tells you is abuse.

Battery (according to the USCIS) is physical violence- punching, slapping, forced sex. Extreme cruelty is nonviolent abuse intentionally inflicted upon you in order to dominate, control, or humiliate you. You may have evidence for "battery" or "extreme cruelty" or both.The instructions list examples of what they will consider however its not an exhaustive list and not everyone will have everything on the list.

For either type people typically submit an affidavit giving in detail and specific instances of the spouse’s abusive actions explaining how the actions hurt them and controlled their life.

You will also need evidence to prove that you were a victim of domestic violence, so you really need to provide more than just a personal statement. Other things include what you mentioned above like official reports from police and medical personnel, medical records and photographs of injuries, and affidavits from social workers or others who can describe instances of abuse.

So referring to your questions-

1-What records could she get? Well I dont know. What records exist?? Ideally she should get all of them.

2-Yes an order of protection can also be called a restraining order. Different areas give them different names.

3- Evidence like messages can be submitted but it can not be all you have. For translation purposes anyone who speaks both fluently can 'certify' them. You dont need to pay a service for that. There is a template (if you search VJ) for preparing a statement that basically says I am able to translate and I did.

4- Benefits vary from state to state. You would have to contact the local dept of social services to see if she qualifies. You may be able to find the information online.

5-What else can she do? Hmm well what has she done so far? Typically in threads like this the poster will outline all the evidences they have so far and ask for opinions on what is missing or what can be added to strengthen it. Youve given no such info.

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Anyway like I said the general advice on VJ is to not tick a difficult box like abuse waiver unless you must. If she has proof of a bonafide marriage and is able to get a divorce then you really only need to check the divorce box. Some people must check the abuse box because their proofs of marriage are weak due to the abuse. While I do not have an official source for it- its generally understood that if you have weak marriage evidence due to the abuse and can prove the abuse then they are a bit more flexible in approving it with weak marriage bonafides.

The only other thing to consider is if you file based on abuse and are approved you can file for citizenship in 3 years (otherwise its 5-both from the resident since date). Becoming a citizen can really help disadvantaged people as more benefits are available to them.

[Sandra G. 5,051]

You mentioned that she never went to the police to report the abuse then she should attend therapy 6/7 sessions and have a psychological evaluation done by a PSYCHOLOGIST,not by a counselor or social worker, if she has a diagnose of major depression and/or post traumatic disorder she has a good case regarding extreme cruelty. Besides her own affidavit telling about the abuse (9/13 pages) she should get affidavits from family and friends, if they have knowledge of the abuse suffered, and about bonafide marriage as well.

Tell her to join the thread VAWA part 6,we talk about extreme cruelty regarding form l751 as well.

Emails and text messages are considered by USCIS, but she needs more than that to prove abuse.

Edited December 15, 2015 by sandranj

[nane1104 146]

I agree with Damara, if she can obtain and show proof of a bonafide marriage, she should probably just file for divorce and file for ROC with the divorce waiver.

I'm wondering, would the divorce filing reflect on the abuse, like, list the abuse as reason for the divorce? Would that even matter?

[Villanelle 4,122]

Eh divorce filings and procedures vary from state to state. Generally you can file with abuse as the reason. However if its granted on that is another story. Typically one side will file and list reasons like abuse, infidelity, immigration fraud etc and the other side disputes it. For some reason (sarcasm) some people dont like to have a ruling like that on file.

When a dispute like that happens- either the parties have to come to an agreement or the judge will decide. Like I said its rare that both parties agree to abuse or fraud. Its even rarer for it to go to the judge because the lawyers will urge you to drop it and just use grounds you can agree on like physical time apart rather then spend time disputing it. When you have multiple grounds for divorce like abuse and time apart- similar to above the attnys will urge you to just use the simplest option.

But you also need to consider that in some places abuse matters in the divorce. In some locations things are split 50-50 unless theres abuse, then they have the right to award more to the 'wronged' side. Every case is going to be different and have different assets and levels of proof. Ive heard of some people (men) who were served with divorce papers stating abuse negotiating to give the wife more then half if its granted on different grounds. Other people dig their heels in and refuse to go more then 50-50 or want more then half regardless if they were the abuser or the victim. And to be fair some people invent claims of abuse during the divorce to gain an advantage.

In regards to USCIS you can file for divorce and not have abuse be the reason on the final decree and still submit the 751 abuse waiver. Would it help? Sure. Every little bit helps.

[Sandra G. 5,051]

If she does not have proof of bonafide marriage(commingling finances) her chances to have the I-751 approved based in the waiver of joint filing requirement is almost non-existent, but USCIS uses a different standard regarding bonafide marriage for victims of extreme cruelty and physical abuse as well. USCIS applies “any credible evidence" to adjudicate the cases. USCIS is not just looking to find primary and secondary evidence of a bonafide marriage, what it's required for the I-751 waiver based in divorce.When the victims submit proof such as affidavits from family and friends the I-751 based in extreme cruelty will not be denied because the victims could not submit primary or secondary evidence(commingling finances, insurance policies, lease agreement etc.) the case will be denied if the evidence of bonafide marriage submitted is not considered credible. I had many I-751 waivers based in extreme cruelty approved without any commingling finances, but I drafted 10 pages explaining that because of the dynamics of domestic violence the victims did not have primary evidences.

Many victims do not have access to the documentation, many of them leave the abusive spouses without taking even their belongs. Proof such as joint bank account, joint tax return, insurance policies, lease agreement, all these documents are out of reach for the victims of DV. Abusers use the immigration status to control the victims and often threat to turn the spouse to the immigration authorities if the victims leave or tell about the abuse to others. Most victims of DV do not have a bank account, credit card, health insurance, car insurance.

[Villanelle 4,122]

Thank you to Sandra for providing more in depth information. I think 2 things are for sure. No more help is going happen here unless longvanilla comes back and posts more info; and something that wasnt brought up- the possible need for an attny if its complex. Most USCIS process can be done yourself however if you fall into the category of needing a multiple page draft due to DV an attny is the way to go. (there are various pro-bono services available for this depending on where you live if need be) As good as longvanillas intentions are in helping prepare the case-sometimes expert help is needed.

I do think regardless of which way she ultimately files longvanilla should encourage her to seek counseling. Its said she most likely suffers from PTSD (and its a logical assumption). Just because of the wording of that I going to assume no formal diagnosis has been made. She would benefit from getting one. LA is an advanced area fortunately. There should be a variety of services available there.

I think longvanilla can assist her with such with a bit of research. The best person to go to for something like PTSD or trauma (IMO) is a psychologist. They have a Phd or PsyD. A LCSW is a social worker trained in psychotherapy and counseling. A LPC is a licensed professional consular. From my observations and experiences LCSWs and LPCs are generally not trained enough or perhaps just lack the understanding of PTSD and trauma. So if you have a choice I would go with a psychologist all the way. If its covered by insurance they are all typically covered as 'specialists' so the fee wont vary if you have a co-pay- a specialist is a specialist according to ins.

If you are self-paying you can discuss with the office if they offer reduced fees or sliding scales. Ideal treatments include DBT, CBT, behavior modification techniques, EMDR, and one of the most promising therapies- neurofeedback. Everyone responds differently to different techniques. Most commonly LCSWs can do CBT or DBT. Its usually the first thing tried. If available and you can try EMDR and it works for you the results can be exhilarating. Neurofeedback-(which is not covered by very many insurances unfortunately) has a success rate of something like 90% when combined with other forms of therapy. I would strongly recommended it to anyone that can do it.

[longvanilla 0]

Thanks for all of your posts. I apologize for the delayed response.

After speaking with the mentioned person, I have learned that she has ceased all communications with her husband. She fears re-establishing communication with him via phone will lead to more intimidation. She also fears that establishing communication via mail will put her at risk of meeting him again unintentionally. The bottom line is that she ran away without telling him, and she fears for her life from him. (she even claims that he held a knife to her throat one time)

She has a very limited number of items on her person that would help her establish a bonafide marriage in the I751. These documents include:

One month of bank statements with both names from a joint checking account

1 federal tax return (I am assuming filed married jointly, but need to verify)

a limited number of photographs bearing her and her spouse

I am assuming that the documents she has on her person will be insufficient evidence to show bonafide intentions of marriage as described in the I751 instructions. Before I start asking about exploring the waiver based on abuse, would this limited number of physical documents serve as sufficient evidence?

[nane1104 146]

Unfortunately, in my opinion, this will not be enough to show a bonafide marriage.

She might have to file with the divorce and abuse waiver and hopefully, these two combined will satisfy USCIS.

[Sandra G. 5,051]

Nane1104 USCIS does not combine the options listed in the waiver request filing to adjudicate form I-751.The OP can choose numerous options, but in her case USCIS will adjudicate based in good faith marriage terminated through divorce or good faith marriage/extreme cruelty.

Edited December 16, 2015 by sandranj

[Ontarkie 14,280]

~~Thread hijack removed. Please do not post your question more then once. The other thread you posted is a better fit.~~

[Villanelle 4,122]

Thanks for all of your posts. I apologize for the delayed response.

After speaking with the mentioned person, I have learned that she has ceased all communications with her husband. She fears re-establishing communication with him via phone will lead to more intimidation. She also fears that establishing communication via mail will put her at risk of meeting him again unintentionally. The bottom line is that she ran away without telling him, and she fears for her life from him. (she even claims that he held a knife to her throat one time)

She has a very limited number of items on her person that would help her establish a bonafide marriage in the I751. These documents include:

One month of bank statements with both names from a joint checking account

1 federal tax return (I am assuming filed married jointly, but need to verify)

a limited number of photographs bearing her and her spouse

I am assuming that the documents she has on her person will be insufficient evidence to show bonafide intentions of marriage as described in the I751 instructions. Before I start asking about exploring the waiver based on abuse, would this limited number of physical documents serve as sufficient evidence?

Hmm I dont recall anyone saying anything about 're-establishing communication'. Did you suggest she does in order to gather proof of the bonafides? Its number one a bad idea and number 2 unnecessary.

--

I do have a few things coming to mind and I really mean no offense by any of them. You of course do not have to answer anything asked however the more information presented the better the answers will be. You appear to be a USC man who petitioned his wife from the same country as the woman referenced in this thread on a K1 a few years ago. Is that correct? Timing would suggest your wife is the range of ROC right now too. Have you completed your wifes ROC? Are you familiar with the forms and procedures? Is this woman a friend of your spouse? Im just trying to get a general understanding of who is who and your level of dealings with USCIS.

Typically on VJ we dont deal with 3rd parties There is too much information lost in the shuffle and the person with the issue is encouraged to come on themselves to ask questions and get assistance. This is a special case though so Im going to continue to contribute here but at some point there will be only so much that can be said without the aliens participation.

With that out of the way- her list of evidences.

-Why does she only have one bank statement? If its a joint account (even if it has been closed) she can contact the bank and obtain previous statements.

-1 tax return is fine, even if it was filed a married separately it will still work. But only having one year can mean they separated rather quickly. As you may know coming on the K1 you have to then file for AOS which takes apx 6-9 months. It would be helpful to know the date they married, the date her GC was issued and the date she fled from him.

-photographs are so-so evidence of bonafides.

If you are not familiar with ROC you should review the ROC threads for examples of evidence that is typically used. She can look into getting affidavits from people that knew them as a married couple. If there were any bills that went to her name she needs to get re-prints. If she enrolled her daughter in school when they lived with the ex-husband she can contact the school for copies of the enrollment papers showing the spouse as a contact- he might have even signed some forms for them. What about insurance? If not medical she may have been on the auto ins.

As the evidence stands now it will not be enough (IMO) for bonafide and divorce. People have submitted twice as much- higher quality evidence and have had issues. So if thats all she truly has then she will need to explore the abuse waiver to explain it.

For a case like this I can not stress enough that an attny will be the best way to go. As Sandra stated she will need a draft explaining things and as much as you may want to help her- you are most likely not qualified to write one. Heck I wouldnt even feel comfortable writing one! You can see the differences in what I post (regular person) vs what Sandra posts (experienced attny). There are specific phrases that need to be used that USCIS recognizes and you are not going to get that level of help through a forum.

You can get help about working with the attny, what documents to bring, knowing what kind of questions to ask and just generally what to expect. Its also useful to figure out if the attny is doing everything possible or just the bare min.

I would look into legal aide. I know in some areas LPRs are not eligible but perhaps there they are. There are also places like Catholic Charities that provide immigration assistance. Im not sure if you know what VAWA is? While she is not eligible for VAWA as she has the GC- its basically the same people/division at USCIS so any attny that is a VAWA attny will also have experience and knowledge about 751 abuse waivers.

Here a a few links that came up on a simple google search-

http://lafla.org/service.php?sect=immigrate⊂=main

https://apps.americanbar.org/legalservices/probono/directory/california.html

http://www.publiccounsel.org/practice_areas/immigrant_rights

http://www.immigrationadvocates.org/nonprofit/legaldirectory/organization.392592-Los_Angeles_Center_for_Law_and_Justice

http://www.probono.net/dv/oppsguide/organization.410927-Legal_Aid_Foundation_of_Los_Angeles