VAWA, Part 25

[Sandra G. 5,023]

On 5/10/2022 at 5:37 PM, Demise said:

I don't think that's right. Matter of A-B- I (AG, 2018) got overturned in Matter of A-B- III (AG, 2021). This returned Matter of A-R-C-G- (BIA, 2014), into being the controlling precedent. Basically, looks like what falls under "particular social group" is once again very broad and inability or unwillingness to be protected by local government once again constitutes persecution.

 

So looks like asylum is once again open to victims of DV.

Private violence is not qualified as persecution.The decisions you mentioned  are related to the persecutions based on of account of her/his membership in a particular social group, because there are  many victims of DV that claim membership in a social group  against domestic violence.  

 

One in three women will experience domestic violence in their lives.Imagine if the only criterion to qualify for asylum is just domestic violence then the U.S would not have millions but billions of people living here. It's imperative that they belong to a specific group and that the Government is unable or unwilling to help them.

 

 

 

 

Edited June 17, 2022 by sandranj

[Demise 1,137]

1 hour ago, sandranj said:

Private violence is not qualified as persecution.The decisions you mentioned  are related to the persecutions based on of account of her/his membership in a particular social group, because there are  many victims of DV that claim membership in a social group  against domestic violence.  

 

One in three women will experience domestic violence in their lives.Imagine if the only criterion to qualify for asylum is just domestic violence then the U.S would not have millions but billions of people living here. It's imperative that they belong to a specific group and that the Government is unable or unwilling to help them.

You do realize that BIA has found things like "married women in Guatemala who are unable to leave their relationship" (Matter of A-R-C-G-, BIA, 2014) or "El Salvadoran women who are unable to leave their domestic relationships where they have children in common with their partners." (Unpublished Matter of A-B-, BIA 2018?) as "particular social group", right? You ever sit down and actually read this stuff?

 

I also disagree with your claim that private violence is not qualified as persecution:

"The Board has long held that harm may qualify as “persecution” if it is inflicted either by a government or by non-governmental actors that the relevant government is “unable or unwilling to control.” Matter of Acosta, 19 I&N Dec. 211, 222 (BIA 1985)." (Matter of A-B- III)

 

Like the whole "particular social group" bullet point is extremely broad, but if you can try to fight and win an asylum case due to that by chalking up the reason to why you got beat up to a membership in a particular social group, why wouldn't you? You win - you get your asylum and open the door for others similarly situated, you lose - you get deported, you do nothing - you also get deported.

Edited June 17, 2022 by Demise

[Matu 1]

12 hours ago, Sparkle✨ said:

@Matu sorry to hear about it but I’m sure USCIS explains in NOID letter why they intend to deny. Many times it’s something that can be corrected with more evidence such as shared residence for residence proof etc. One of the most common reasons for denial was that people who filed it were ineligible for VAWA benefit because of previous unterminated marriages or applying 2 years post-divorce.

In your case, I hope it’s something simple that can be explained and have USCIS reverse their decision.

 

Hopefully 

[Matu 1]

11 hours ago, kodicsv said:

Did you received any rfe ? And rejected after that ? 
 

One of my buddy got rejected too. He received letter saying his pakistan  background check was missing. He then got background check from Pakistan consulate and appeal case. Then it was approved. Wait for letter it might be simple too.

Yes in April 2020 I responded in June 2020 and I got denied today June 16 2022

[Demise 1,137]

1 minute ago, Matu said:

Yes in April 2020 I responded in June 2020 and I got denied today June 16 2022

Keep us posted as to the reason for denial. If it's within 2 years of divorce you can refile, if it's more than 2 years the only thing you can do is  file I-290B to either reopen with VSC or appeal to the AAO.

[Pinkrlion 2,612]

On 6/15/2022 at 11:06 PM, Hopeful diva said:

Hello everyone! Some of you May remember me, old time user. Had my vawa approved in 2017 four months after I filed it and got my GC in 2019. I’m back here because it’s time for me to file for my naturalization under the 3 year rule. I just wanted to confirm if the 2 year 9 month rule still applies and if it’s okay to file using that rule? @sandranj pls help me verify if I’m right. Thank you 

https://www.uscis.gov/forms/uscis-early-filing-calculator

[Shroy123 741]

2 hours ago, Matu said:

Yes in April 2020 I responded in June 2020 and I got denied today June 16 2022

I am sorry you had to go through this. Please let us know the reason of denial 

[Pinkrlion 2,612]

2 hours ago, Matu said:

Yes in April 2020 I responded in June 2020 and I got denied today June 16 2022

What was RFE for?

[St22 56]

I just received this in the uscis case status after 4 prima facie

i remember I didn’t include my divorce decree when i filed in april 2020

so what yall think the rfe is

[Sandra G. 5,023]

4 hours ago, Demise said:

You do realize that BIA has found things like "married women in Guatemala who are unable to leave their relationship" (Matter of A-R-C-G-, BIA, 2014) or "El Salvadoran women who are unable to leave their domestic relationships where they have children in common with their partners." (Unpublished Matter of A-B-, BIA 2018?) as "particular social group", right? You ever sit down and actually read this stuff?

 

I also disagree with your claim that private violence is not qualified as persecution:

"The Board has long held that harm may qualify as “persecution” if it is inflicted either by a government or by non-governmental actors that the relevant government is “unable or unwilling to control.” Matter of Acosta, 19 I&N Dec. 211, 222 (BIA 1985)." (Matter of A-B- III)

 

Like the whole "particular social group" bullet point is extremely broad, but if you can try to fight and win an asylum case due to that by chalking up the reason to why you got beat up to a membership in a particular social group, why wouldn't you? You win - you get your asylum and open the door for others similarly situated, you lose - you get deported, you do nothing - you also get deported.

Although you are entitled to your opinion, I disagree. As one of the United Nations' attorneys, I deal daily with cases and reports of domestic violence, and we are committed to finding ways to assist refugees and asylum seekers throughout the process. In addition, the mantra that private violence cannot be considered a form of persecution has been established by the U.N., not by me, and it has been used for quite some time by the BIA.You asked" if you ever sit down and actually read this stuff". I have been doing and reading  this for just 33 years.

Edited June 17, 2022 by sandranj

[Sandra G. 5,023]

11 hours ago, J2020 said:

Hi fam 

 

Is there anyway I can get legal aid for a divorce attorney? Or a non-profit divorce attorney? 

Check out the Family Court's list of pro bono attorneys.

[Sandra G. 5,023]

On 6/16/2022 at 12:06 AM, Hopeful diva said:

Hello everyone! Some of you May remember me, old time user. Had my vawa approved in 2017 four months after I filed it and got my GC in 2019. I’m back here because it’s time for me to file for my naturalization under the 3 year rule. I just wanted to confirm if the 2 year 9 month rule still applies and if it’s okay to file using that rule? @sandranj pls help me verify if I’m right. Thank you 

The 3 year rule applies if your former spouse/spouse is a U.S Citizen .

[Sandra G. 5,023]

On 6/13/2022 at 7:56 PM, Ziongirl said:

Hello family am glad to see many approvals.  So am here to ask anyone who has filled their citizenship, because am eligible to apply. Now my issue is I finally gained courage fill for divorce,  and I have not received the mention dates yet. Do I wait until I get the divorce to apply for citizenship or file with the copy on marriage cert that I have? I will appreciate your input thanks

You don't have to be divorced to apply for naturalization.

 

[Sandra G. 5,023]

On 6/13/2022 at 1:23 PM, HustlingStill said:

I literally just pulled up record on uscis case tracker with my receipt number and i see theres an october 2020 approval. Can anyone tell me how this vawa cases are being adjudicated?

I have cases filed in Feb and March  2019 still pending.

[HustlingStill 156]

52 minutes ago, sandranj said:

I have cases filed in Feb and March  2019 still pending.

is there any reason why some cases get approved earlier ?