SingleDad2usc

U r far from denial, because u r far from applying. One must put together all documents necessary for VAWA unit to issue PF. That's documents in about 5 categories. Join VAWA part 5, and be very patient and clear

At Social Services, insist to be processed as DV victim. Also, agree with Child Protective Services to attend any parental classes, etc. They have Preventive Services that can help you with children. Insist that you're sole caregiver, and you need referrals to all branches that can help your family

Mozzle please: I'll reply here, as your predicament is not uncommon, and many others may benefit from information. I could put together your packet, but I will not - only because I find anything bureaucratic personally nauseating. I went thru this once, and I don't intend to ever touch this again.

1. Be polite and persistent at Social Services. Don't take "no" for an answer, never accept any verbal determination. Always come with all of your papers, and never leave without time stamped paper FROM THEM.

2. Never forget that you're DV victim, and that you're caregiver to children: no such thing in the US as you being turned away. No Kenya here. Co-operate 100% with Child Protective Services, and they'll have to help you. If they don't, a Judge will make them. In my case, Judge threatened Child Protective Services to fine them $1000/day if they didn't stop dragging their feet. They have certain budget to help families, and they can help you with referrals to all appropriate branches of government

Oops, I'm not sure everything I said would be that easy in case of really small town...

HRA (Human Resource Administration) is the same as PA (Public Assistance). Go right away, and insist to be processed as DV victim.

But you're unlikely to find a pro-bono immigration attorney near you. No idea how you'll manage to put together VAWA packet. Join Vawa5 thread, and be very nice and clear in your posts there - maybe you'll get help. Good luck!

Mozzle: Capri, who is usually excellent with his advice, seems off about current VAWA timelines. It may depend on VAWA unit, but Vermont Service Center has been issuing PF (Prima Facie) literally as soon as they received proper packet from you. You may have PF in hand within two weeks, and you must then go to your zipcode HRA office instantly.

This is not to say that you shouldn't go Already, before you ever send out VAWA packet. HRA worker still must fill out all yours and your children's info, and enter it into the system. DON'T LEAVE HRA (PA) office empty handed!! You absolutely must procure proof in writing of the EXACT DATE that you'd applied for PA, food stamps and Medicaid for all dependent members of your family. If you leave their offices upon verbal denial, without any paper trail from them - you shoot yourself in the foot (you can't prove your case in Fair Hearing afterwards, and be awarded assistance retroactively).

Also, you must insist and see DVL (Domestic Violence Liason). HRA must have at least one DVL in your town. DVL is empowered to approve your benefits for up to 6 months without PF!!

As to sending out proper VAWA packet: I 100% recommend doing it thru pro bono immigration lawyer. If you try doing it yourself, you're almost guaranteed to receive RFE (so you'll be dead in the water, like you never applied). Yours is not a simple VAWA packet

It wasn't personal dear. Difficult to say why it warranted a new topic in Effects of Major Family Changes. DV crimes here mostly fit VAWA statute (safe for the rare cases where the violent spouse is not LPR/USC).

As to Laurel Scott, she must have been sidetracked by the term "open". Investigation doesn't have to be currently open, but had to be "an open one" when petitioner offered co-operation

Might occur to you that the reason you "didn't know" is simple: completely untrue. All that matters was that the witness was willing to testify during prosecution of that crime.

Problem with a 1999 case is that it has been long archived by DA office. Finding a current DA office official willing to order it up from archives, which are likely far away, is "good luck". But if one does, then U-visa certificate can be issued - no matter if that prosecution ended successfully or not.

I'd say that unless the applicant remembers for sure that he/she has signed at the outset of prosecution the DA form letter of witness co-operation, and that such would be found in that file - forget it

Please take her+baby to nearest WIC office, so she'll be set with milk for years, till baby turns 5

Are they from a particular culture?

No doubt. But conceptually fair, and shouldn't be neglected without checking

Avery, objective is to post unbiased advice. OP didn't receive much, and also neglected some he did receive. But ultimately, everyone gets out of life what they want: so he should be happy with all of his steps.

At a different level, a reader in a similar predicament should know that they can't just bully someone out of residence. After 30 days, a court order is required - or the police will protect person's rights, no matter the person's status or family relations

This might pass the smart test, if he was planning to instantly give up his apartment anyway. More objectively, OPs move was not smart - but as he reports, his emotions got the better of him...

Anyone who repeats what he did that day should fully expect to be served with a restraining order the next day - and then what he would do? She'd end up staying in the apartment for which his Landlord would hold him liable thru such time as eventually getting her out via court

If you ignore the fact that he doesn't have the order, no indication of whether the order states she must vacate (and in what period of time), and the fact the police came to the house to tell him he can't do it - then nothing you ever advise on this forum matters

As it turns out, OP moved himself out too - so he's not under threat of potential restraining order. Trolling was what you did: not having annulment order is close to having the order?? Everyone advising him to throw her out was misleading anyone in his predicament = very dangerous advice. Police came to his place and told him as much. But if she happened to display more brains&will, then OP would be served with restraining order in the same visit

Close enough. And again the law SingleDad is referring to is only in some localities, it is not US wide so it probably doesn't even apply in this case. And his point in all this debate is what? other than to troll?

He never said he had the order

The issue is confused by you. Where did you get that he has annulment court order? And that such order includes her vacating this rental property? It is precisely because he doesn't have such order, the police told him he can't bully her out. He got EXTREMELY lucky if she terminally moved out of her own will. She could come back with restraining order specifying that he can't order her out, or otherwise harass her

You just rehashed my point: "a court order is required". What's the indication OP has such order?

First of all that law is limited to specific areas, it is not US wide. Secondly during a divorce or annulment the awarding of the residence of part of the package. For example my spouse was awarded the house and I was awarded the property inside the house. I had 60 days to vacate (he was not living there anyway due to work). With an annulment things go back to the way they were prior to the marriage, i.e. it was his residence and since the marriage never took place (according to the annulment) it is still his place and she has no rights to be there.

You are all confusing the issue: a court order is required, before any human can put another human out on the street - if the one thrown out has resided in this location over 30 days. That's the reason, for example, that a motel will not let you book over 4 weeks straight

Has anyone tried to move someone out after 31 easily proven days? Without housing court - good luck

Yes, she is no longer your spouse (if annulment has been finalized) - but do you even read what members post here for your sake? You got extremely lucky: she could've easily come back with restraining order against you. Of course you couldn't kick her out, because she already resided in this apartment over 30 days...

Implied just above was evidence of fraud, not supportive evidence - hence my question

^^^^

Evidence of what?

That a Boiler!

I'd taken my wife to Disney a few times a year, from half a country away. American men know little about what interests a woman and what makes for a personal relationship. Typical American dating involves local nightclubs and diners. Courtship, in OP's view, is money spent on procedural necessities. I'd taken my bride to overfly her native town in a two engine plane

We had a power outage today

and my PC, laptop, TV, DVD,

iPad & surround sound music

system were all shut down.

Then I discovered that my

iPhone battery was flat;

to top it off it was snowing

outside, so I couldn't play golf.

I went into the kitchen to make

coffee and then I remembered that

this also needs power, so I talked

with my wife for a few hours.

She seems like a nice person.

In NYC, a person can't be removed from any apartment where a person has stayed over 30 days already. You need housing court decision on that (could easily take half-year). I hope your local laws are different