Whats wrong with "wife burning"? As "Sis" says, they deserve it and should have known better. Didn't they see the signs? So they can't complain !!!

I did a google search on the topic. There were hundreds of sites showing how to file vawa charges. Not a one devoted to the thought or idea that maybe just maybe they weren't true.
Nothing on how to mount a defense or what to do with contrary evidence. From what I saw it is a bill that needs re-approval though. If that is any consolation it may die out once the ferver attached to it cools off.

quote:

Originally posted by HelpVictim:
Hudson - I appreciate all your comments. However, if you please notice my original post, it is not seeking any advice of the determination of fraud. Rather it is asking ways to reach an immigration office for an in person interview/meeting.

See my PM

Click on url below to find the nearest field office to you, HelpVictim. Like many others already said, she'll need alot of evidence to prove she was abused, so I wouldn't worry too much about it.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2...CM10000048f3d6a1RCRD

I have read on Womens legal sites that NO evidence is needed except her written statement.

http://www.womenslaw.org/immigrantsVAWA.htm#cancellationcontent

"Evidence of battery or extreme cruelty (self-petitioner's declaration can be enough)"

I know some affidavits from sympathetic counsulors (the immigration attorneys know who they are and can direct their clients to them), psychologists and other officials can help for an approval. I had a immigration attorney tell me that all that is needed was a well written statement (she could help write this maybe?) and that's all it takes. She claims to have over 200 VAWA petitions approved and only 2 failures.

HelpVictim you are not alone.

Below is letter from an American woman I got about her father.


My father is a good man and did nothing but try to help this woman. He is such a good man that despite what she has done to him (and is still doing), he looks at it as "survival" and refers to her as a "survivalist." Although he is going through with the divorce and has no contact with her, he blames the law and organizations that support this behavior and feels it isn't the woman's fault for resorting to this method to get a better life in the U.S. I admire his empathy but certainly do not agree with him being so naive (that's what got him here in the first place!). Nonetheless, the larger issue is the laws that violate one's civil rights such as the orders of protection filed under false pretenses that are issued ex parte and a man (or woman) being stripped of their property, personal belongings, and the damage these things do to families when children are involved. Thank goodness there are no children involved (I am one of three daughters from his first marriage).

Basically, my father's wife has taken a complete turn around in her personality and we could not figure out why the strange behavior. I started doing research on the Internet and it was very clear she was trying to set my father up and appear as a victim of abuse. After doing research I discovered on the USCIS (United States Customs & Immigration Site) site that a woman (or man) can self petition under the Violence Against Women's Act (VAWA) for residency in the U.S. This is much more efficient than trying to do it the right way like my father did by paying thousands of dollars to an Immigration attorney only for her to be denied citizenship. I'm sure this was her only resort, as it appears the self-petitioning process as a battered spouse is basically free (funded by VAWA) and pretty much a guarantee for citizenship. There are lots of sites that walk a woman through the steps such as going to a shelter, which will provide the necessary resources. One of the next steps is to get an Order of Protection so that there is documentation (these are extremely easy for a woman to get and in Arizona an illegal immigrant must be issued one if requested or else the judge can be charged with discrimination of national origin).

This message has been edited. Last edited by: max-one,

hi guys..

HelpVictim you are right again. I wonder why some of the people here keep reciting this "hard evidence" nonsense? Could they have some reason to want to believe this?

Has anyone seen anything describing the investigation in to the alleged batterer. Do they look at the person's background? Check for arrest/conviction records? That may be why it said only the declaration is needed. If there is some other substantiating evidence to convince them of the authenticity. I would like to hope there is still some justice.

I wonder how difficult it would be to review one of these cases and see the entire chain of evidence.

"I wonder how difficult it would be to review one of these cases and see the entire chain of evidence."

They do not want to spend the time and resources . That is why they set it up as a sham rubberstamp deal. They make it with enough difficulty to give value to immigration attorneys who know what to and what not to put into these petitions. Remember who was in office when the VAWA rules (1996) in regard to the INS was put into effect? Who was head of the Justice Department and Social services at that time? They were lawyers.

quote:

Originally posted by HelpVictim:
It appears though our legislatures are F***** DUMB. The VAWA Act clearly states that once a petitioner signs that, the DHS is not allowed to disclose about it to anyone. Not even the person against whom these fraudulent allegations are made.

So now where is our constitution to defend the accused. Under VAWA, you are guilty without having a chance to prove your self or provide counter evidence. USC are being burnt because of feminist rigged legal system and few A** H**** in DC who must have slept with the feminist movement organization and agreed to vote for the bill.

All rights of MEN are taken away and WOMEN are given a golden chance to screw MEN.

First, a VAWA claim is not a criminal or civil case, it is an administrative case for an adjustmment of process. So, the 4th and 14th amendments do not apply here, generally.

But generally speaking on those who have been abused, the victim of a domestic violence situation have no one to turn to, and the law, from their point of view will not help them. A victim of domestic violence will have severe depression, suicidal tendencies, not trusting anyone, including family and friends, easily manipulated, guilty, remorseful, and other psychological problems. Thus, their right to privacy must be held at any cost. To question their intent will only intensify some, if not all, of their psychological vulnerability. If they know the one who they believe is committing the domestic violence can get to htem, they will live in fear and probably become psychotic. Whgat most counselors pray for is not to have someone make false claims or extremely exaggerate their predicament, such as the Duke La Cross incident with that fiasco set back domestic violence for ten years or more. That is why DV shelters tead very softly in these kinds of situation. I challenge any man to spend at least a month in a DV shelter observing the abuses that occur. It is an eye opening experience.

quote:

Originally posted by HelpVictim:
Also, lot of folks here are stating that VAWA needs hard evidence. It does not. Please read the statues and filing requirements and you will know it. The supporters of VAWA have made it so much easier for women to falsely sign an affidavit stating she was abuse and uncle sam will readily give her Citizenship on a silver platter...oh no wait a minute on a Diamond Platter.

Hard evidence is the DV report, police reports, medical records, etc. These reports are not easily falsified, duplicated, or illegally obtained. Affidavits from friends and/or relatives either attest the petitioners characted or give details to the alleged event. The self petitioner's affidavit should be detailed on the specifics of the alleged event. It is not cakewalk. The immigration officer can and do investigate the petitioner's claim, interview the petitioner, and attempt to make the best available judgement. I am sorry for your situation, but see my pm on additional info.

quote:

Originally posted by max-one:
"I wonder how difficult it would be to review one of these cases and see the entire chain of evidence."

They do not want to spend the time and resources . That is why they set it up as a sham rubberstamp deal. They make it with enough difficulty to give value to immigration attorneys who know what to and what not to put into these petitions. Remember who was in office when the VAWA rules (1996) in regard to the INS was put into effect? Who was head of the Justice Department and Social services at that time? They were lawyers.

I really do not care whether they were lawyers, Democrats, Republicans, etc. But to say it is a sham is an insult to anyone who bas been a victim of domestic violence. The most vulnerable are immigrant women who have abusive USC spouses. There is no excuse for domestic violence. None at all. But this link provides a good synopsis of the problems that that occured with immigrant women before 1994 and after.

These victims of DV get what they deserve. As Porky (Sis) says, they should have seen the signs. If they are so abused, and American men are so abusive, why don't they return to their homelands to escape the tyranny of abuse in America? Men SHOULD abuse immigrant women; otherwise, as Porky (sis) says, they will be defrauded and accused of abuse anyway. What rationale is there to allow women to get green cards because they are abused? Won't they just encounter other abuse by the evil abusive men in America? Lets protect these women from American men by sending them home !!!

Hudson I read what you had to say about psychotic behavior etc. I believe it goes too far. Even if a women turns to jelly when abused it still does not justify making it a one way street. Many women from other countries are tougher so to speak than our home grown versions. They have been dealt more of lifes struggles than women here. Not to say they can take it but I would assume they keep their sanity intact more so than one of our own on average. With that most women here have no problem calling 911 when things get out of hand. An immigrant women would probably be less likely to cower under that kind of pressure. Give women a little more strength credit than that. They are not the weak bowls of mush you described. When was the last time you won an argument with your wife? (lol).

A couple statistics that jump out are the number of abuse claims are far less with immigrant women and the divorce rate is lower. I haven't seen it but I would bet a womens rights group would explain it as them just tolerating it or not knowing where to turn. It doesn't take any person very long to adjust to our way of life here. For a women to learn how to defend herself via 911 or other avenues would take no time at all. Unless she lived under a rock. There are always other people, neighbors, and relatives who would at least tell them which buttons on the phone to press.
If not then porky will. Just kidding.

quote:

Originally posted by davdah:
Hudson I read what you had to say about psychotic behavior etc. I believe it goes too far. Even if a women turns to jelly when abused it still does not justify making it a one way street. Many women from other countries are tougher so to speak than our home grown versions. They have been dealt more of lifes struggles than women here. Not to say they can take it but I would assume they keep their sanity intact more so than one of our own on average. With that most women here have no problem calling 911 when things get out of hand. An immigrant women would probably be less likely to cower under that kind of pressure. Give women a little more strength credit than that. They are not the weak bowls of mush you described. When was the last time you won an argument with your wife? (lol).

A couple statistics that jump out are the number of abuse claims are far less with immigrant women and the divorce rate is lower. I haven't seen it but I would bet a womens rights group would explain it as them just tolerating it or not knowing where to turn. It doesn't take any person very long to adjust to our way of life here. For a women to learn how to defend herself via 911 or other avenues would take no time at all. Unless she lived under a rock. There are always other people, neighbors, and relatives who would at least tell them which buttons on the phone to press.
If not then porky will. Just kidding.

Davdah,
Psychotic episodes do happen, generally with a murder-suicide situation where either the husband or wife commits the atrocity. Generally, domestic abuse is at the top of the list explaining the incident. And either the person being abused or the abuser commits the atrocity. But it does happen. And the same goes with cop assisted suicide as an example of a psychotic episode. The difference between a psychotic episode and one who is suicidal is that a suicidal person will generally not harm other people whereas a psychotic individual will harm others intentionally. We saw this with the VA Tech incident of someone who was autistic, bullied, and did not adjust life here in the US despite his parents best efforts.

Immigrant women are the most vulnerable, not because they are frail, but because of the situation they are in. They are new here to the country, thus, do not have the knowledge of the laws, limited English skills, fear of the police transplanted from their own culture, fear of talking to anyone because of their limited English skills, threat of deportation, totally dependent on their spouse, among other things.

But it is not a one way street, Davdah. Just because one makes a claim does not mean the claim will be granted. For instance, you can file a tax return with a claim for a refund. The government does not automatically give it to you. Their system do a analysis and if it meets that criteria, the refund is released. However, if a questionable item is found, the refund is placed on hold and you will be sent an examination letter. The same goes with VAWA. The questino is "how to make the process as least traumatic for someone who might have been abused?" Prior to the 2000 rules, there process was very traumatic and simply went underground, illegal. As I said, my challenge to you is to spend time in a domestic abuse shelter as a volunteer. OD you have the guts?

This message has been edited. Last edited by: Hudson,

Hudson, do you work for or with the VAWA staff of the VSC?`Ever?

I can understand the apprehension of being in a foreign country and the dependency factor. But isn't it the goal of the immigrant to be here in the first place? I'm not saying they are all lusting for a GC only. But the hurdle of moving far away to start a new life requires something beyond the norm. Most of the women that make the trip are of a slightly different caliber than the average of their home country. They would need to have more inherent courage and an adventurous spirit.

I'm not playing down the fact there are real abused women & men who need protection from their spouses. Courage or not it would not stop them from having the krap beat out of them. My only point with that is they would be less likely to not look for help than someone who was of more frail character.

In so far as the result of the claims go there seems to be a wide range of experiences given. Some say its a slam dunk and according to your friend its a tough road to hoe. Which is it?

Being that prevention is what it is perhaps it would be better to implement something up front to stop it before it happens. Have the sponsor and would be immigrant go through a psychiatric examination prior to any visa being granted. The obvious signs to look for would be a propensity to violence or unsavory virtues.

As it is now the sponsor's position is left to the honesty of the claimant. Until a person has been in that corner and been taken advantage of it may be difficult to understand they need some level of protection too. Since these are usually a byproduct of divorce it becomes obvious what will probably happen. Hence the reason for the outcry of foul.

I just wanted to put my 2 cents in.....

Most of you know by now I am from England, I love my country. And if USCIS approves my filing, will eventually become a US Citizen, but I will not give up my British Citizenship, so I will have Dual Nationality, which is fine as US and UK Government get on pretty well at the moment.

I only left England, becuase of the love and trust I have in my husband, infact, while we was looking over the I-864 we was having a joke about that he would be responsible fro me for the next 10 years, I told him, if anything happens within our marriage, (I can not foresee anything happening) I would go home, why would one want to stay even I was here 5 - 10 years, I would still go home to England, where I have family. Anyway thats all I wanted to say.