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Extreme Mental Cruelty-what the LAW says about it, and how to document it.

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  • Extreme Mental Cruelty-what the LAW says about it, and how to document it.

    John Doe:

    I decided to post this information here since it might be helpful for this board and other members might contribute with their knowledge.

    THE LAW

    The requirements to qualify under this waiver for a petition to remove conditional status can be find on TITLE 8CFR SECTION 216.5(3)

    IMPORTANT POINTS:

    "(ii) A conditional resident or former conditional resident who has not departed the United States after termination of resident status may apply for the waiver. The conditional resident may apply for the waiver regardless of his or her present marital status. The conditional resident may still be residing with the citizen or permanent resident spouse, or may be divorced or separated. (Revised effective 4/1/97; 62 FR 10312)"

    "(iv) The Service is not in a position to evaluate testimony regarding a claim of extreme mental cruelty provided by unlicensed or untrained individuals. Therefore, all waiver applications based upon claims of extreme cruelty must be supported by the evaluation of a professional recognized by the Service as an expert in the field. An evaluation which was obtained in the course of the divorce proceedings may be submitted if it was provided by a professional recognized by the Service as an expert in the field."

    "(v) The evaluation must contain the professional's full name, professional address and license number. It must also identify the licensing, certifying, or registering authority. The Service retains the right to verify the professional's license."

    "(vi) The Service's decision on extreme mental cruelty waivers will be based upon the evaluation of the recognized professional. The Service reserves the right to request additional evaluations from expert witnesses chosen by the Service. Requests for additional evaluations must be authorized by the Assistant Regional Commissioner for Adjudications."

    "(vii) Licensed clinical social workers, psychologists, and psychiatrists are professionals recognized by the Service for the purpose of this section. A clinical social worker who is not licensed only because the state in which he or she practices does not provide for licensing will be considered a licensed professional recognized by the Service if he or she is included in the Register of Clinical Social Workers published by the National Association of Social Workers or is certified by the American Board of Examiners in Clinical Social Work."

    "(viii) As directed by the statute, the information contained in the application and supporting documents shall not be released without a court order or the written consent of the applicant; or, in the case of a child, the written consent of the parent or legal guardian who filed the waiver application on the child's behalf. Information may be released only to the applicant, his or her authorized representative, an officer of the Department of Justice, or any federal or State law enforcement agency. Any information provided under this part may be used for the purposes of enforcement of the Act or in any criminal proceeding."

    I want to add that "USCIS focus on the mental state of the abuser's victim instead of the acts and omissions of the abuser. The mental condition of the abused spouse may reveal little of the internal trauma he/she experienced because some people may be able to cope with or hide their feelings better than others" SOURCE: THE IMMIGRATION MARRIAGE FRAUD AMENDMENTS: SHAM MARRIAGES OR SHAM LEGISLATION? BY JAMES A. JONES, however I did some modifications to this piece of his article to update some stuff that is oldated.

    "MENTAL ABUSE:

    Mental abuse is the abuse of power or control over another person. Emotional and verbal abuse are used as manipulative tools in mental abuse. When a person is being mentally abused, he also experiences emotional and verbal abuse.

    It includes inducing fear by intimidating, terrorizing, threatening, humiliating, insulting, degrading, destroying property, and isolating a person from family and friends. Mental abuse is a horrible thing. Fear is used to control another person.

    Sometimes mentally abusive people do not even realize they are hurting their family and loved ones. Other times they say things on purpose as a way of controlling another person by hurting him.

    Sadly, many victims of such abuse put up with this maltreatment. It can be seen in the work place, at school and at home. Sometimes it seems that no matter where a person goes, he is always vulnerable to this type of abuse. It even happens when you are just walking about in public.

    What are some examples of Mental Abuse?

    Some statements made are:

    Insult - "You look like a ****, change your clothes"
    Threat -"You better clean up, or else" ["You better stay with me or I will screw up your Immigration paperwork"]

    Intimidation - "I am smarter than you are"

    Degrading -"You are fat and ugly, no one else would want you"

    Isolating a person from friends and/ or family - "Your friends are losers" [" Your parents can't visit you"]

    SOURCE: http://www.ayn.ca/health/en/abuse/abuse_mental.asp

    HOW TO DO DOCUMENT IT:

    -Go to a Social Services Agency and speak to a Clinical Social Worker.

    -Go the Hospital and visit the social workers room.

    -Get affidavit from a psychologist that is treating you overcome the traume caused by the abuser.

    -File for divorce on Extreme Mental Cruelty Ground, and used DIVORCE DECREE.

    -Get Expert Testimony

    -Get Restrain Orders from the Court

  • #2
    John Doe:

    I decided to post this information here since it might be helpful for this board and other members might contribute with their knowledge.

    THE LAW

    The requirements to qualify under this waiver for a petition to remove conditional status can be find on TITLE 8CFR SECTION 216.5(3)

    IMPORTANT POINTS:

    "(ii) A conditional resident or former conditional resident who has not departed the United States after termination of resident status may apply for the waiver. The conditional resident may apply for the waiver regardless of his or her present marital status. The conditional resident may still be residing with the citizen or permanent resident spouse, or may be divorced or separated. (Revised effective 4/1/97; 62 FR 10312)"

    "(iv) The Service is not in a position to evaluate testimony regarding a claim of extreme mental cruelty provided by unlicensed or untrained individuals. Therefore, all waiver applications based upon claims of extreme cruelty must be supported by the evaluation of a professional recognized by the Service as an expert in the field. An evaluation which was obtained in the course of the divorce proceedings may be submitted if it was provided by a professional recognized by the Service as an expert in the field."

    "(v) The evaluation must contain the professional's full name, professional address and license number. It must also identify the licensing, certifying, or registering authority. The Service retains the right to verify the professional's license."

    "(vi) The Service's decision on extreme mental cruelty waivers will be based upon the evaluation of the recognized professional. The Service reserves the right to request additional evaluations from expert witnesses chosen by the Service. Requests for additional evaluations must be authorized by the Assistant Regional Commissioner for Adjudications."

    "(vii) Licensed clinical social workers, psychologists, and psychiatrists are professionals recognized by the Service for the purpose of this section. A clinical social worker who is not licensed only because the state in which he or she practices does not provide for licensing will be considered a licensed professional recognized by the Service if he or she is included in the Register of Clinical Social Workers published by the National Association of Social Workers or is certified by the American Board of Examiners in Clinical Social Work."

    "(viii) As directed by the statute, the information contained in the application and supporting documents shall not be released without a court order or the written consent of the applicant; or, in the case of a child, the written consent of the parent or legal guardian who filed the waiver application on the child's behalf. Information may be released only to the applicant, his or her authorized representative, an officer of the Department of Justice, or any federal or State law enforcement agency. Any information provided under this part may be used for the purposes of enforcement of the Act or in any criminal proceeding."

    I want to add that "USCIS focus on the mental state of the abuser's victim instead of the acts and omissions of the abuser. The mental condition of the abused spouse may reveal little of the internal trauma he/she experienced because some people may be able to cope with or hide their feelings better than others" SOURCE: THE IMMIGRATION MARRIAGE FRAUD AMENDMENTS: SHAM MARRIAGES OR SHAM LEGISLATION? BY JAMES A. JONES, however I did some modifications to this piece of his article to update some stuff that is oldated.

    "MENTAL ABUSE:

    Mental abuse is the abuse of power or control over another person. Emotional and verbal abuse are used as manipulative tools in mental abuse. When a person is being mentally abused, he also experiences emotional and verbal abuse.

    It includes inducing fear by intimidating, terrorizing, threatening, humiliating, insulting, degrading, destroying property, and isolating a person from family and friends. Mental abuse is a horrible thing. Fear is used to control another person.

    Sometimes mentally abusive people do not even realize they are hurting their family and loved ones. Other times they say things on purpose as a way of controlling another person by hurting him.

    Sadly, many victims of such abuse put up with this maltreatment. It can be seen in the work place, at school and at home. Sometimes it seems that no matter where a person goes, he is always vulnerable to this type of abuse. It even happens when you are just walking about in public.

    What are some examples of Mental Abuse?

    Some statements made are:

    Insult - "You look like a ****, change your clothes"
    Threat -"You better clean up, or else" ["You better stay with me or I will screw up your Immigration paperwork"]

    Intimidation - "I am smarter than you are"

    Degrading -"You are fat and ugly, no one else would want you"

    Isolating a person from friends and/ or family - "Your friends are losers" [" Your parents can't visit you"]

    SOURCE: http://www.ayn.ca/health/en/abuse/abuse_mental.asp

    HOW TO DO DOCUMENT IT:

    -Go to a Social Services Agency and speak to a Clinical Social Worker.

    -Go the Hospital and visit the social workers room.

    -Get affidavit from a psychologist that is treating you overcome the traume caused by the abuser.

    -File for divorce on Extreme Mental Cruelty Ground, and used DIVORCE DECREE.

    -Get Expert Testimony

    -Get Restrain Orders from the Court

    Comment


    • #3
      JohnDoe:

      How to prove the you entered into the marriage in good faith has been discussed a zillion times here, basically all the evidence you submitted with your I-751 and that you took to your AOS interview, and if you did not get affidavits from people that know both of you for your I-751 I highly recommend you to do so.

      THE LAW:

      "2) Application for waiver based upon the alien's claim that the marriage was entered into in good faith. In considering whether an alien entered into a qualifying marriage in good faith, the director shall consider evidence relating to the amount of commitment by both parties to the marital relationship. Such evidence may include --


      (i) Documentation relating to the degree to which the financial assets and liabilities of the parties were combined;


      (ii) Documentation concerning the length of time during which the parties cohabited after the marriage and after the alien obtained permanent residence;


      (iii) Birth certificates of children born to the marriage; and

      (iv) Other evidence deemed pertinent by the director."

      [This message was edited by Aguila on December 30, 2003 at 09:21 AM.]

      Comment


      • #4
        Thanks Aguila

        Comment

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