Devasted

[julidocs73 0]

I just found out yesterday that I received a NOID ( Notice of intent to deny) for my vawa petition. After nearly a year an half of waiting this has devastated me.

Shona

Accept my deep sympaty Shona,after all you've been through.I could imaging what your feelings are right now,don't give up stand up for your right.I'am also a victime of abuse and I'm about to send my petitions.why did they denied you?what are the documents you submited?don't you have enough evidence?

[together2love 0]

Very choking to hear this news. I hope you get your needed strength to do whatever it is you decide to do about this matter from VJ's sincere thoughts.

[Lovetoteach 53]

thanks again everyone for your kind words. My case was investigated by ICE as well so i now know why it took so long.

I was basically denied for not having enough evidence of abuse. I did send my own statement, witness staements, protection orders which Ice say they couldn't find yet asked me to send in notarised copies of them of which they quoted the case numbers. So if I didn't send how come they had the case numbers????? I sent in some medical records highlighting parts that I was being verbally abused. councellor notes where my MIL hit me. One of my biggest problems is that they want a police statement stating about when my MIl hit me. I DID go to the police and made a complaint but when I went back there was no record of it-so what I am supposed to do?. I'm trying to track down the officer I spoke to but it's been 2 years since I spoke to him. I have also lost IM messages in which my ex spoke to me and harrased me.

What I do have and never submitted is an original signed letter from my ex saying that he mentally abused me because he was pyschotic and how he never told me that before we married. I don't know if it would help.

I just feel so down about the whole thing, especially as I know people who been approved just using their affadavits, a few witness statements and councelling notes.

Thanks for your PM Aussiewench- I really appreciated it.

Shona

Edited March 27, 2007 by shona

[Nancy2015 2]

thanks again everyone for your kind words. My case was investigated by ICE as well so i now know why it took so long.

I was basically denied for not having enough evidence of abuse. I did send my own statement, witness staements, protection orders which Ice say they couldn't find yet asked me to send in notarised copies of them of which they quoted the case numbers. So if I didn't send how come they had the case numbers????? I sent in some medical records highlighting parts that I was being verbally abused. councellor notes where my MIL hit me. One of my biggest problems is that they want a police statement stating about when my MIl hit me. I DID go to the police and made a complaint but when I went back there was no record of it-so what I am supposed to do?. I'm trying to track down the officer I spoke to but it's been 2 years since I spoke to him. I have also lost IM messages in which my ex spoke to me and harrased me.

What I do have and never submitted is an original signed letter from my ex saying that he mentally abused me because he was pyschotic and how he never told me that before we married. I don't know if it would help.

I just feel so down about the whole thing, especially as I know people who been approved just using their affadavits, a few witness statements and councelling notes.

Thanks for your PM Aussiewench- I really appreciated it.

Shona

Shona... Definitely send them the letter from your ex. If you have a statement from your abuser where he confesses that he indeed abused you, and hadn't told you about his mental issues before the marriage, it's very strong evidence. Use it!

Police officers are supposed to give you their names and badge numbers when you file a complaint or when they arrive on the crime scene. They don't always do that, unfortunately

I think WAVA doesn't protect battered immigrants enough. It is slow, it is inefficient, approvals are inconsistent and it's not clear what an abused spouse should do while waiting on I-360 approval, cause they won't let you work and don't even give you benefits which you are entitled to. So unfair

Shona, I believe in you. You have been through so much, you are a fighter. You will win this.

(((HUGS)))

[SoL. 0]

I am so sorry Shona, I really hope you can appeal or do something about this situation. My thoughts are with you, please be strong and don't give up.

[diadromous mermaid 36]

thanks again everyone for your kind words. My case was investigated by ICE as well so i now know why it took so long.

I was basically denied for not having enough evidence of abuse. I did send my own statement, witness staements, protection orders which Ice say they couldn't find yet asked me to send in notarised copies of them of which they quoted the case numbers. So if I didn't send how come they had the case numbers????? I sent in some medical records highlighting parts that I was being verbally abused. councellor notes where my MIL hit me. One of my biggest problems is that they want a police statement stating about when my MIl hit me. I DID go to the police and made a complaint but when I went back there was no record of it-so what I am supposed to do?. I'm trying to track down the officer I spoke to but it's been 2 years since I spoke to him. I have also lost IM messages in which my ex spoke to me and harrased me.

What I do have and never submitted is an original signed letter from my ex saying that he mentally abused me because he was pyschotic and how he never told me that before we married. I don't know if it would help.

I just feel so down about the whole thing, especially as I know people who been approved just using their affadavits, a few witness statements and councelling notes.

Thanks for your PM Aussiewench- I really appreciated it.

Shona

Shona,

You have Ex Parte Orders of Protection issued by a judge?

[Ban Hammer 12,901]

I just found out yesterday that I received a NOID ( Notice of intent to deny) for my vawa petition. After nearly a year an half of waiting this has devastated me.

Shona

i'm sorry to hear that shona. hopefully the mermaid can help

[JenT 0]

Keep fighting Shona. Don't give up. Stay firm and convicted. We're thinking of you -

Jen

[Lovetoteach 53]

thanks again everyone for your kind words. My case was investigated by ICE as well so i now know why it took so long.

I was basically denied for not having enough evidence of abuse. I did send my own statement, witness staements, protection orders which Ice say they couldn't find yet asked me to send in notarised copies of them of which they quoted the case numbers. So if I didn't send how come they had the case numbers????? I sent in some medical records highlighting parts that I was being verbally abused. councellor notes where my MIL hit me. One of my biggest problems is that they want a police statement stating about when my MIl hit me. I DID go to the police and made a complaint but when I went back there was no record of it-so what I am supposed to do?. I'm trying to track down the officer I spoke to but it's been 2 years since I spoke to him. I have also lost IM messages in which my ex spoke to me and harrased me.

What I do have and never submitted is an original signed letter from my ex saying that he mentally abused me because he was pyschotic and how he never told me that before we married. I don't know if it would help.

I just feel so down about the whole thing, especially as I know people who been approved just using their affadavits, a few witness statements and councelling notes.

Thanks for your PM Aussiewench- I really appreciated it.

Shona

Shona,

You have Ex Parte Orders of Protection issued by a judge?

Yes I do DM. Why did you put a question mark?-just curious

Today I manage to get some support from a lawyer from The Immigrant support assistance which is pro-bono. I have an an appointment to see her next week.

Shona

Edited March 27, 2007 by shona

[MichelleandCraig 1]

Oh, Shona...I'm just reading this, and like everyone else, I'm SO very sorry. You have been given so much to deal with, and it seems it just never ends. You have my VERY sincere sympathy and best hopes that this can all be resolved in your favor. Thinking of you...take care of yourself. (F) M.

PS...I have no idea, but I wonder if Mermaid wondered if you provided them with evidence that you had this order of protection? You likely did...but an order of protection would be obvious evidence of some type of abuse.... M.

[diadromous mermaid 36]

thanks again everyone for your kind words. My case was investigated by ICE as well so i now know why it took so long.

I was basically denied for not having enough evidence of abuse. I did send my own statement, witness staements, protection orders which Ice say they couldn't find yet asked me to send in notarised copies of them of which they quoted the case numbers. So if I didn't send how come they had the case numbers????? I sent in some medical records highlighting parts that I was being verbally abused. councellor notes where my MIL hit me. One of my biggest problems is that they want a police statement stating about when my MIl hit me. I DID go to the police and made a complaint but when I went back there was no record of it-so what I am supposed to do?. I'm trying to track down the officer I spoke to but it's been 2 years since I spoke to him. I have also lost IM messages in which my ex spoke to me and harrased me.

What I do have and never submitted is an original signed letter from my ex saying that he mentally abused me because he was pyschotic and how he never told me that before we married. I don't know if it would help.

I just feel so down about the whole thing, especially as I know people who been approved just using their affadavits, a few witness statements and councelling notes.

Thanks for your PM Aussiewench- I really appreciated it.

Shona

Shona,

You have Ex Parte Orders of Protection issued by a judge?

Yes I do DM. Why did you put a question mark?-just curious

Today I manage to get some support from a lawyer from The Immigrant support assistance which is pro-bono. I have an an appointment to see her next week.

Shona

Shona,

I surmised that you would have included any Order from the Court with your Prima Facie declaration, but I also seem to recall you live in Michigan and the reason I queried the ex parte order is because these are issued without a hearing. Or was it a Personal Protection Order where your former spouse attended a hearing before a judge? I remember you moved, but were these orders entered while you were still married, and if so, if you don't mind sharing, what was the order for? Stalking, threatening? Were you still residing together at the time the order was issued and enforced?

It's my understanding that if it was an ex parte order of protection that the judge that reviewed the case would have had sufficient information from you to give him or her cause to be concerned for your personal safety and or professional security (if stalking were interfering with a job, for example) before issuing the order. If they are not convinced of either of the above, normally the applicant's request for a TRO or PPO is denied. Did the order lapse at some time?

Edited March 28, 2007 by diadromous mermaid

[Colada 0]

Sorry to hear that. There is always appeal or better lawyer. Haven't been following your situation much since I am new here. Do you have a conditional GC or EAD?

[Lovetoteach 53]

thanks again everyone for your kind words. My case was investigated by ICE as well so i now know why it took so long.

I was basically denied for not having enough evidence of abuse. I did send my own statement, witness staements, protection orders which Ice say they couldn't find yet asked me to send in notarised copies of them of which they quoted the case numbers. So if I didn't send how come they had the case numbers????? I sent in some medical records highlighting parts that I was being verbally abused. councellor notes where my MIL hit me. One of my biggest problems is that they want a police statement stating about when my MIl hit me. I DID go to the police and made a complaint but when I went back there was no record of it-so what I am supposed to do?. I'm trying to track down the officer I spoke to but it's been 2 years since I spoke to him. I have also lost IM messages in which my ex spoke to me and harrased me.

What I do have and never submitted is an original signed letter from my ex saying that he mentally abused me because he was pyschotic and how he never told me that before we married. I don't know if it would help.

I just feel so down about the whole thing, especially as I know people who been approved just using their affadavits, a few witness statements and councelling notes.

Thanks for your PM Aussiewench- I really appreciated it.

Shona

Shona,

You have Ex Parte Orders of Protection issued by a judge?

Yes I do DM. Why did you put a question mark?-just curious

Today I manage to get some support from a lawyer from The Immigrant support assistance which is pro-bono. I have an an appointment to see her next week.

Shona

Shona,

I surmised that you would have included any Order from the Court with your Prima Facie declaration, but I also seem to recall you live in Michigan and the reason I queried the ex parte order is because these are issued without a hearing. Or was it a Personal Protection Order where your former spouse attended a hearing before a judge? I remember you moved, but were these orders entered while you were still married, and if so, if you don't mind sharing, what was the order for? Stalking, threatening? Were you still residing together at the time the order was issued and enforced?

It's my understanding that if it was an ex parte order of protection that the judge that reviewed the case would have had sufficient information from you to give him or her cause to be concerned for your personal safety and or professional security (if stalking were interfering with a job, for example) before issuing the order. If they are not convinced of either of the above, normally the applicant's request for a TRO or PPO is denied. Did the order lapse at some time?

Hi DM,

Yes as far as I am aware, my attorney at the time sent in the Ex Parte Personal Protection orders for both my ex and my ex MIL along with my I 360. Yes this was an EX Parte order and I was not asked to go to a court hearing. The orderd signed by the judge as I have it hear in front of me was signed on September 16th 2005 and was valid for 6 months until March 31st 2006. I don't understand why ICE said there were no PPO's when they investigated In January2006 becasue at that time there were active??????? I did not have to give any hard evidence just reasons why I felt the need of protection Ie my ex entering the house late at night, after he had already left . that he was pyschotic and would not take his medication, that he had threatened to harm me and my son, that he had threatened deportation. As for his mother the reasons were that she had threatened to kill me, attacked me and some other things.

It stated that the order was entered without a hearing and that both of then could not do the following:

A petition requested respondents to be prohibited from entry to the premises

Petitioner has requested an ex parte order which should be entere into without notice becasue irreparable injury, loss or damage will result from the delay required to give notice or notice itself will preceipitate adverse action before the order can be issued.

Respondent poses a credible threat to the physical safety of the petitioner and /or child of the petitioner

Petitioner and and respondent have a domestic relationship other than dating.

It is ordered xxxxxxxxxxxis prohibited from

a) Entering onto property where petitioner lives

C) assaulting , attacking, beatin , molesting or wounding XXXXXXXXX

E) Stalking as defined under MCL 750 which includes

confronting petitioner in a public place or on private property,

appearing at petitioners workplace or residence and contacting petitioner by telephone

Interfering with petitioners efforts to remove his / her children/personal property from premises solely owned / leased by repondent

Threatening to kill. or physically injure xxxxxxxxxx

It then states that this order is effective when signed, enforced immediately and remains in effect until 03/31/06

This is eactly the same for my ex spouse but also includes internet contact.

Both my ex MIL and Ex spouse filed a motion to terminate but their lawyer continued to get the court hearing adjourned. In my divorce decree he agreed to finally just let the PPO expire unless any new incidence happened. Thankfully I do have all the letters from his lawyer and the court adjourning any temination hearing. Strange that he did not insist that the PPO's shoould go to court.

I guess in a nutshell the PPO order did not laspe until 31/03/06 in which I did not continue it due to no new incidence occuring. I actually moved inn April to somewhere they didn't know. Having said that my MIL has tried to find out where I live via my car insurance company. Of he could not tell her but I have asked him to write a statement about her enquiry as to where I now reside. She has no reason to know where I live.

Just a question , do I have a right to obtain my own councelling records and those of my son? Apparently I have to go through a long procedure and they want to know why I want the records. I have to have them for immigration -it's vital. Can they refuse to give them to me ?????

Shona

sorry haven't spell checked !!!

[together2love 0]

thanks again everyone for your kind words. My case was investigated by ICE as well so i now know why it took so long.

I was basically denied for not having enough evidence of abuse. I did send my own statement, witness staements, protection orders which Ice say they couldn't find yet asked me to send in notarised copies of them of which they quoted the case numbers. So if I didn't send how come they had the case numbers????? I sent in some medical records highlighting parts that I was being verbally abused. councellor notes where my MIL hit me. One of my biggest problems is that they want a police statement stating about when my MIl hit me. I DID go to the police and made a complaint but when I went back there was no record of it-so what I am supposed to do?. I'm trying to track down the officer I spoke to but it's been 2 years since I spoke to him. I have also lost IM messages in which my ex spoke to me and harrased me.

What I do have and never submitted is an original signed letter from my ex saying that he mentally abused me because he was pyschotic and how he never told me that before we married. I don't know if it would help.

I just feel so down about the whole thing, especially as I know people who been approved just using their affadavits, a few witness statements and councelling notes.

Thanks for your PM Aussiewench- I really appreciated it.

Shona

Shona,

You have Ex Parte Orders of Protection issued by a judge?

Yes I do DM. Why did you put a question mark?-just curious

Today I manage to get some support from a lawyer from The Immigrant support assistance which is pro-bono. I have an an appointment to see her next week.

Shona

Shona,

I surmised that you would have included any Order from the Court with your Prima Facie declaration, but I also seem to recall you live in Michigan and the reason I queried the ex parte order is because these are issued without a hearing. Or was it a Personal Protection Order where your former spouse attended a hearing before a judge? I remember you moved, but were these orders entered while you were still married, and if so, if you don't mind sharing, what was the order for? Stalking, threatening? Were you still residing together at the time the order was issued and enforced?

It's my understanding that if it was an ex parte order of protection that the judge that reviewed the case would have had sufficient information from you to give him or her cause to be concerned for your personal safety and or professional security (if stalking were interfering with a job, for example) before issuing the order. If they are not convinced of either of the above, normally the applicant's request for a TRO or PPO is denied. Did the order lapse at some time?

Hi DM,

Yes as far as I am aware, my attorney at the time sent in the Ex Parte Personal Protection orders for both my ex and my ex MIL along with my I 360. Yes this was an EX Parte order and I was not asked to go to a court hearing. The orderd signed by the judge as I have it hear in front of me was signed on September 16th 2005 and was valid for 6 months until March 31st 2006. I don't understand why ICE said there were no PPO's when they investigated In January2006 becasue at that time there were active??????? I did not have to give any hard evidence just reasons why I felt the need of protection Ie my ex entering the house late at night, after he had already left . that he was pyschotic and would not take his medication, that he had threatened to harm me and my son, that he had threatened deportation. As for his mother the reasons were that she had threatened to kill me, attacked me and some other things.

It stated that the order was entered without a hearing and that both of then could not do the following:

A petition requested respondents to be prohibited from entry to the premises

Petitioner has requested an ex parte order which should be entere into without notice becasue irreparable injury, loss or damage will result from the delay required to give notice or notice itself will preceipitate adverse action before the order can be issued.

Respondent poses a credible threat to the physical safety of the petitioner and /or child of the petitioner

Petitioner and and respondent have a domestic relationship other than dating.

It is ordered xxxxxxxxxxxis prohibited from

a) Entering onto property where petitioner lives

C) assaulting , attacking, beatin , molesting or wounding XXXXXXXXX

E) Stalking as defined under MCL 750 which includes

confronting petitioner in a public place or on private property,

appearing at petitioners workplace or residence and contacting petitioner by telephone

Interfering with petitioners efforts to remove his / her children/personal property from premises solely owned / leased by repondent

Threatening to kill. or physically injure xxxxxxxxxx

It then states that this order is effective when signed, enforced immediately and remains in effect until 03/31/06

This is eactly the same for my ex spouse but also includes internet contact.

Both my ex MIL and Ex spouse filed a motion to terminate but their lawyer continued to get the court hearing adjourned. In my divorce decree he agreed to finally just let the PPO expire unless any new incidence happened. Thankfully I do have all the letters from his lawyer and the court adjourning any temination hearing. Strange that he did not insist that the PPO's shoould go to court.

I guess in a nutshell the PPO order did not laspe until 31/03/06 in which I did not continue it due to no new incidence occuring. I actually moved inn April to somewhere they didn't know. Having said that my MIL has tried to find out where I live via my car insurance company. Of he could not tell her but I have asked him to write a statement about her enquiry as to where I now reside. She has no reason to know where I live.

Just a question , do I have a right to obtain my own councelling records and those of my son? Apparently I have to go through a long procedure and they want to know why I want the records. I have to have them for immigration -it's vital. Can they refuse to give them to me ?????

Shona

sorry haven't spell checked !!!

I can't be certain in the USA, but in Canada, since they are, in fact, your records, you can fill out and sign a release form (I think they ask you for a reason you want the records) and give this to the office. You may have to pay for this, but it shouldn't be much. And they may (not too sure here in the US) photocopy the records for you. Maybe someone here has direct experience in the USA. You have proof that they would support your immigration claim, so they may be able to release them to you. Good luck.

[knowledge 0]

I think that cases including individuals suffering of psychosis are quite complex, the family dynamic (i.e. especially the fusion with the mother, in this case quite dangerously disturbed) has it's characteristics, thus it also might be useful to reach for a competent mental health specialist (not all psychologists know how to deal with this) who has court/legal experience of evaluation in this matters. Sharon, if you have to present your counsellor's evaluation of your sessions, there is to provide a form authorizing him or her to divulge personal info, resuming the sessions; and why not asking for the ex-s psychological evaluation also, and present, ideally, in collaboration with the lawyer, to whom it has to be presented. The main argument is that: nowdays, a person is responsible of one's mental health situation, meaning: taking medication, knowing when a psychotic crisis is coming, etc...and, preventing to harm nobody. This is of civic matter, both, the mother and the ex have to in some way be taken responsible by the law now...Intimicy is very disturbing for psychotics...in some cases...maybe this is what happened with both of them..I don't know if it will help, but the court and immigration officers must have some mental health education in this specific and dangereous cases...and if not, the defense lawyer has to focus on it as an argument...underline it...You need protection, and not to be denied, that's incorrect!!!...I don't udnerstand why they want to deny you...it's really beyound my understanding...