N400-2011

May 20, 2008 at 9:00 AM - Federal Plaza, NY - AOS interview based on approved VAWA (domestic violence) I-360.

Thank you all for your encouragement. Shona, check your PM.

The journey is almost at an end for my adjustment of status. I got the interview letter in the mail today and it is set for May 20 at 9:00 AM at Federal Plaza, NY.

I went through the VAWA process after being married for only 8 months. My ex assaulted me and was arrested for third degree assault. This was in July 2006. I believe that you can file the I-360 and I-485 concurrently - the pending I-485 would then allow you to file for a work permit at the same time. I filed my I-360 in Sept 2006 - it was approved in Oct 2007. I am still waiting for my interview (my I-485 was pending from the time my ex had filed for me - my attorneys had sent them a letter asking them to put a hold on it while the I-360 was being filed).

The agencies that I had contacted and who helped me (they may be able to point you in the right direction to get help in your area):

Sanctuary for Families: (212) 349-6009 (Family Court)

City Bar Justice Center: (212) 383-6600 (Immigration)

South Brooklyn Legal Services: (718) 237-5500 (Housing Court and Divorce Court)

Brooklyn Women's Services: (718) 748-1234 (Therapy)

Sanctuary helped me get my initial order of protection in Family Court. South Brooklyn helped me with Housing Court when the landlord tried to evict me - NY law allowed me to have the lease changed into my name even though the only name on the lease was my ex. Sanctuary gave me a grant to pay off the back rent once I could show them that I was working and would be able to pay the future rent. My ex took the plea deal in Criminal Court to avoid jail and I got two final orders of protection from both Family and Criminal Courts. South Brooklyn also helped me with my divorce (he had tried to get an annulment).

I also applied for, and got a brand new social security number from the Social Security Administration in my maiden name (domestic violence victims are allowed to apply for a new number - it is on their website).

Now, with all that said, your first priority is SAFETY! And you should also document everything. (In my case I had an arrest report and eye witnesses and many 911 calls from neighbors (he was on top of me in the hallway of my apartment building after he had succeeded in forcing me out of the apartment)). Talk to people who know your situation and those who have witnessed it firsthand and ask them to write affidavits on your behalf. Be honest and be strong.

ALL of my attorneys for everything were free of cost. My therapy was also free.

Good luck.

Update: I received my new SSN.

I am at (almost) a complete loss of words at how this thread is going. It is clear that some persons have their perceptions mixed up because of (maybe) personal history. All I can say is that in my experience, life is not always filled with simple choices or decisions. I have had a rough go at it, but I am still standing.

To the OP: Good luck to your cousin. Her first priority is her safety!

Happy birthday to your wife!!

I am going to sleep all weekend - it's too cold to go outside brrrrrrrrrrrrrrrrrrrr.

Love those funny pics - flying cat LOL and the one with the police hiding behind the sign. Thanks

NO!!!!!!!!!!!!!!!!!!

First, let me say that my ex and I had this discussion BEFORE he assaulted me! And we BOTH agreed that a man should never hit a woman AND that a woman should never hit a man. We agreed that if either of us was to ever feel like we needed to lash out like that with each other, that it would be time to go our separate ways. Well, as you can probably tell by my user id and my timeline, he didn't walk away. By the way, I did have to bite him but that was because at the time he had me pinned on the ground face down with one hand over my mouth and two fingers from his other hand shoved up my nose to stop me from screaming. My biting him gave me the ability to breathe again and scream more. This was before he dragged me out of the apartment from behind and tossed me into the hallway and then jumped on top of me again. That's when my neighbors intervened. (Thank god for them).

So my vote was a resounding NO to the poll. It is NOT okay. Domestic Violence is never okay.

My ex-husband didn't tell his family nor most of his friends that we had gotten married until two months later. I had to insist because I felt so bad about it - his family was always telling us that we should get married, and they had everything planned out. We would have to take off our rings when we were around them. His reason: that he didn't want anyone to think badly of me... All of my family and friends knew. Looking back now, I guess that should have been a warning to me of things to come.

Regardless of whether or not the tiger was taunted, the fact of the matter is that the tiger should not have been able to escape. Doesn't matter if they were drinking, high on drugs, whatever... The cat should not have been able to escape!!!

That "stalker" guy was kinda scary. I think Dallas will top Philly tonight...

I believe that TWC = TimeWarnerCable. They have an add-on to their digital phone for $19.95 which covers calling internationally (up to a certain number of hours per month).

I use ooma (www.ooma.com) but I had gotten the package for free when they were sending out invites, so now I don't pay anything at all for calling throughout the US - no monthly fee. Calling Jamaica costs 12.5 cents/minute to landlines - no hidden fees, etc. I buy $10 batches.

One thing I definitely agree with: "where neither party is here legally, VAWA shouldn't apply," because neither party (the abused or the abuser) had a basis to adjust status in the first place.

First, let me say that everything that I have written in this thread has been my opinion.

By illegals, I was referring mostly to EWIs and not out of status persons - which, is a common misconception since both groups have no legal status to be in the US. I have no personal experience with being an EWI or out of status person because I was neither.

If a person enters into the country without inspection and subsequently gets married in good faith, the next step would usually be for that person to become an LPR. If this person is instead abused, VAWA can be used as a remedy for them to become an LPR without the aid of their spouse. If the marriage had remained viable they would have become an LPR. But, because of acts of domestic violence they then lose the chance to obtain legal status through their marriages. I don't think they should lose that right, and VAWA addresses that. And, no, I don't see it as an inherent right - situations differ, so do circumstances. When everything is factored in USCIS makes their decision. DV is a crime which occurs behind closed doors, it is about power, control and causing fear. Out of status persons or EWI's who have crimes committed against them, and who are not married, have few remedies (I believe that the U Visa is one) because they were not on a path to become legal residents of the US in the first place.

I believe that persons who were married in good faith, and on a path to become LPRs, whose marriages ended because of abuse or not, should have some way to still pursue legal status depending on circumstances, and regardless of prior status. Not every situation is the same, and all scenarios cannot be painted with one brush. There may be different remedies under the law, of which VAWA is only one.

Well, this may reveal the source of your misunderstanding. An EWI who marries a USC, does not have the same path to LPR status as someone with an overstay or with lawful status, even when their marriage is in good faith and joyful. If that were the case, then certainly it would be ridiculous to take that path away because they were abused. What you indicate you prefer, is to confer an additional benefit, not just a matter of retaining one.

Not a misunderstanding...as I said, MY OPINION. Feel free to disagree.

First, let me say that everything that I have written in this thread has been my opinion.

By illegals, I was referring mostly to EWIs and not out of status persons - which, is a common misconception since both groups have no legal status to be in the US. I have no personal experience with being an EWI or out of status person because I was neither.

If a person enters into the country without inspection and subsequently gets married in good faith, the next step would usually be for that person to become an LPR. If this person is instead abused, VAWA can be used as a remedy for them to become an LPR without the aid of their spouse. If the marriage had remained viable they would have become an LPR. But, because of acts of domestic violence they then lose the chance to obtain legal status through their marriages. I don't think they should lose that right, and VAWA addresses that. And, no, I don't see it as an inherent right - situations differ, so do circumstances. When everything is factored in USCIS makes their decision. DV is a crime which occurs behind closed doors, it is about power, control and causing fear. Out of status persons or EWI's who have crimes committed against them, and who are not married, have few remedies (I believe that the U Visa is one) because they were not on a path to become legal residents of the US in the first place.

I believe that persons who were married in good faith, and on a path to become LPRs, whose marriages ended because of abuse or not, should have some way to still pursue legal status depending on circumstances, and regardless of prior status. Not every situation is the same, and all scenarios cannot be painted with one brush. There may be different remedies under the law, of which VAWA is only one.

Pushbrk, , I just covered cases of DV...of course each case is more complicated than my two-cent versions... And, by the way, love the discussion.

If there is no DV, then there is no need for remedy under VAWA. If there is no abuse, chances are that an AOS may have been filed already and if the immigrant can prove that there was a good faith marriage, then they can apply for a waiver to remove the conditions of their conditional status, if they already have a conditional green card (married under 2 years). If no paperwork was already filed, in the case of no abuse, I have absolutely no idea what the remedies would be under the law (if any exist). I have no experience in that area and would rather not guess.

Emotions, of course will play a part in my answer , but, think of this: if a USC/LPR marries an illegal with no intention of filing papers for their spouse to make them legal. And then, goes further to abuse the illegal, why shouldn't there be some recourse for that illegal to remain in the US? This is, of course, provided that the illegal married in good faith in the first place. If they hadn't been abused, their marriage would have remained viable and they would have adjusted their status to LPR. In the case of the abused, a crime was committed against them by a USC/LPR who wants their spouse to be deported. The attitude of the abusive USC/LPR is usually that they "won" if they get their immigrant spouse deported.

On the other hand, the non-abused, illegal, married to a USC/LPR (in good faith) whose marriage ends just because, had no crime committed against them - if they are then deported, I have no clue. Would love to hear from someone on the board with knowledge in this area. I think it would be fair if a non-abused illegal's marriage in good faith was to dissolve just because...that they would be able to adjust status (maybe not quickly, and through payment of fines, etc, etc) and remain in the US. Their marriage would also have remained viable if it hadn't ended (too many marriages end in divorce now). They wouldn't be able to benefit from VAWA because that covers abuse. Another law would have to be put in place, if none exists.

I think the fundamental difference between the two sets of illegals: abused and not-abused, is this, one group had a crime committed against them, and the other had no crime committed against them. When married in good faith, both groups are treated differently if their marriages end through DV or otherwise.

Yes, Pushbrk...the courts will decide what they think is best and we will have to live with it.

But, if an illegal gets married in good faith, and then becomes abused, then I strongly believe that that person should be able to benefit under VAWA - and in fact, they can, and do. The article that I posted talks about what is occurring now after the VAWA petition is approved, when an illegal files to adjust status. I am glad I am not in that position, that I have to worry about deportation when I am finally called in for the interview.

In my mind the difference is that you came here legally with legal intent and are in legal status and are seeking to remain so.

The other person did not, there is nothing to stop that person leaving an abusive situation, and remain in the same status, or lack of it as they have always had.

The question is whether they should benefit from an immigration perspective in moving from illegal to legal, because of abuse, alleged or real.

I really can not think of any good reason why.

So, it's your opinion that aliens that have "unlawful" status and aliens that have "illegal" status should receive different benefits under VAWA?

My two cents.

If illegal, enter marriage with intent to bypass immigration law (no good faith marriage), then abused = should NOT be able to benefit under VAWA.

If legal, enter marriage with intent to bypass immigration law (no good faith marriage), then abused = should NOT be able to benefit under VAWA.

If illegal, enter marriage in good faith, then abused = should be able to benefit under VAWA.

If legal, enter marriage in good faith, then abused = should be able to benefit under VAWA.

But, if an illegal gets married in good faith, and then becomes abused, then I strongly believe that that person should be able to benefit under VAWA - and in fact, they can, and do. The article that I posted talks about what is occurring now after the VAWA petition is approved, when an illegal files to adjust status. I am glad I am not in that position, that I have to worry about deportation when I am finally called in for the interview.

In my mind the difference is that you came here legally with legal intent and are in legal status and are seeking to remain so.

The other person did not, there is nothing to stop that person leaving an abusive situation, and remain in the same status, or lack of it as they have always had.

The question is whether they should benefit from an immigration perspective in moving from illegal to legal, because of abuse, alleged or real.

I really can not think of any good reason why.

I know what you are talking about - the other thread which I had linked to before. That person is clearly trying to circumvent the immigration process by paying for a marriage. I agree, she should not gain any benefits - she did not enter the marriage in good faith. Her first concern should be her safety. And it is clearly not.

Wow...this thread has certainly brought up some interesting and some valid points.

Yes it has, and your points are just as valid. I was simply giving examples of motivation present when such a benefit is allowed to accrue to an illegal. Evidently, the plain language in the statute doesn't provide such a benefit to someone who doesn't have legal status, at least as USCIS is interpreting the law. Of course, we have a whole criminal and civil justice system consumed with argument over the interpretation of laws.

Thank you pushbrk. Your examples are very relevant because (unfortunately) I am certain those scenarios do exist. Wherever there are laws, there will always be persons who try to circumvent those laws. What is the solution? Too big a question for me.

But, if an illegal gets married in good faith, and then becomes abused, then I strongly believe that that person should be able to benefit under VAWA - and in fact, they can, and do. The article that I posted talks about what is occurring now after the VAWA petition is approved, when an illegal files to adjust status. I am glad I am not in that position, that I have to worry about deportation when I am finally called in for the interview. I am not saying, that I am "guaranteed" to get the green card. I really don't have any idea what to expect when I do have my interview. My attorney has told me what to expect, but, you never know, but I am not going to worry about it.

Since you weren't illegal, I certainly would have no objection in your case. Reasonable minds can disagree on the statute's interpretation with regard to an illegal alien. Fortunately we have a justic system to sort that out whether we agree or not. I've given my reason for my view. I didn't read the whole thread, so perhaps I missed your reason but that's how the system works. The lawyers make their opposing arguments and the judge makes the decision, then they argue on appeal and a higher court rules, etc. etc.

Yep, no matter which side of the fence you are on, it is a loooooooooooooong drawn out process. I wish that more VAWA beneficiaries, illegal or not, would participate in this thread. As the OP, it really is very interesting to hear the different opinions from people from other countries, and differing experiences.

When my immigration journey is finally over, I will start a new thread in which I will provide more details about how I came to be a VAWA self-petitioner in the first place. A lot of immigration forums exist on the internet but because of the "stigma" of domestic violence, a lot of survivors are very hesitant about putting their story out there. My ex-therapist once asked me, "How is it that you are so convinced that it was not your fault?" Why she asked me this was because most of the people that she talked with, were in some way convinced that what happened to them was their fault. I, on the other hand, have never been ashamed of what my ex did to me - disappointed, hurt, disillusioned, but, never ashamed. I talk about it freely and I think that has helped me to heal. I knew I did nothing to deserve being attacked, and no one will ever convince me otherwise. I have always believed that it is wrong for a man to hit a woman, AND for a woman to hit a man. If it reaches that point in a relationship, then one should just walk away. My ex and I had even had this discussion. BUT, he chose to act the way that he did. I know he blames me for his problems, I know he doesn't take responsibility - he says it's all MY fault. I reject that hypothesis completely. My reaction: I don't subscribe to that line of thinking, and no one will ever convince me that what happened to me at the hands of my ex is my fault. Maybe that is why I had to strength to say NO.

Wow...this thread has certainly brought up some interesting and some valid points.

Yes it has, and your points are just as valid. I was simply giving examples of motivation present when such a benefit is allowed to accrue to an illegal. Evidently, the plain language in the statute doesn't provide such a benefit to someone who doesn't have legal status, at least as USCIS is interpreting the law. Of course, we have a whole criminal and civil justice system consumed with argument over the interpretation of laws.

Thank you pushbrk. Your examples are very relevant because (unfortunately) I am certain those scenarios do exist. Wherever there are laws, there will always be persons who try to circumvent those laws. What is the solution? Too big a question for me.

But, if an illegal gets married in good faith, and then becomes abused, then I strongly believe that that person should be able to benefit under VAWA - and in fact, they can, and do. The article that I posted talks about what is occurring now after the VAWA petition is approved, when an illegal files to adjust status. I am glad I am not in that position, that I have to worry about deportation when I am finally called in for the interview. I am not saying, that I am "guaranteed" to get the green card. I really don't have any idea what to expect when I do have my interview. My attorney has told me what to expect, but, you never know, but I am not going to worry about it.

Wow...this thread has certainly brought up some interesting and some valid points. As a VAWA beneficiary, I can understand the concerns about fraud, but I believe (because of my personal experience) that it is more likely that the USC spouse would try to keep their perceived "control" that they have over their immigrant spouse. My ex tried every trick in the book he could think of after he was arrested for attacking me. In my case, there were witnesses - my neighbors - he jumped off of me when they yelled at him. They also called the police. Plus I had bruises on my body. He tried to get me evicted, he prolonged the criminal case until the last day he could take the plea deal. He filed for an annulment claiming marriage fraud, etc. (he was literally claiming ALL of the legal points which are required to obtain an annulment). He wanted me out of his life AND out of the country. Oh, and in the annulment papers, was claiming that I was illegal when I met him - this was completely FALSE and he knew it. He knew that everything that he claimed was false. He also knew what he did to me on the day that he had attacked me but, of course, was telling his family and friends otherwise.

I went into marriage believing that in 50 years, I would be with that man, with our kids and grandkids around us. He attacked me one month before the AOS interview. I had no job, no money, no work permit. I got the permit two days after the assault. I was physically and mentally bruised and battered, and in shock. I did not know what to do, I called the domestic violence hotline and they put me through to agencies in my area. Safety first - I did not want him to get access to me again because I was afraid of what he might do to me...I got a temp order of protection from family court, and one from criminal court. All my bruises had been documented by the police and by the court. The numerous 911 calls made that day by several neighbors were also in evidence, as well as testimony from the neighbors who saw him on top of me in the hallway after he successfully threw me out of the apartment.

Because he is a USC, he thought that he could "throw me away" and the law would be on his side. He thought he could cry "marriage fraud" and I would be deported. He did not plead guilty until the last day before the trial would start - I know he did it because he didn't want a trial because he knew he wouldn't win. There was too much evidence against him. Eventually we went before the same judge (integrated domestic violence court) to dissolve our marriage. He was still fighting for an annulment. He finally hired an attorney and he withdrew his annulment, again, because he would not have won. And my divorce was granted. If not for VAWA and the other laws of the land, he probably would have won. VAWA protected me. I have never been illegal in this country. I filed a VAWA petition and it was approved. I had proof that I married my ex with the expectation of a long and happy marriage. One instance of physical violence shattered that dream. One instance was enough for me to get out with my life. He even lied to the assistant district attorney - he told her that he hadn't filed for me (one of his sisters who is an attorney was the co-sponsor for the affidavit of support) - I had all the receipts.

IF I had been illegal, VAWA would have protected me. Thankfully, I took care of safety first. I didn't have an immigration attorney until a few months after the incident. I had to deal with the following courts in this process: housing, family, criminal, and divorce. Soon, I hope, I will receive my interview notice to adjust status. And that is when I will finally feel as if my life is beginning again.

You never know what people go through behind closed doors. VAWA protects people who have been abused regardless of status, as long as they entered into the relationship in good faith. Yes, there may be fraud in some cases, but I am sure there are also many fraudulent cases in which VAWA never comes into play. What would be the remedy then? To abolish all immigration based on marriage? VAWA is not an easy process, and there are many things that you have to provide and address in the application. First and foremost, if you can't prove that your marriage was real, you will have a problem.

There are certain circumstances under which one can get a totally new SSN. Among those you have domestic violence, identity fraud, etc.

Ok thank you fo making me smarter..

This is something that has been around for awhile now...but is not well known...

Did you know that DV victims can apply for a new SSN? My immigration attorney told me that the best time to apply is after the approval of the I-360 self-petition. You have to fill out the regular form, write a statement documenting the abuse, etc.

The relevant page on the Social Security website is here: http://www.socialsecurity.gov/pubs/10093.html

This is just another way for survivors to protect ourselves, now and in the future. I applied primarily because my ex had filed for me, therefore, he has all of my information. When I call my cell co., for instance, they ask me to verify who I am by having me tell them the last four digits of my social and my mother's maiden name. My ex knows the answers to these questions... I figured, better safe than sorry...right?

I won't have my new number until March - they have to send those applications to their headquarters, and I was told it can take up to three months.

I am just putting this out there for all DV victims...just in case. BE SAFE!