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Thread: "battered spouse . WAVA as the last ditch option to staying here

  1. #1
    Does the CIS actually investigate "battered spouse" petitions? or just grant it (even without police reports?)
    How does one share the family court rulings on abuse allegations with the CIS?
    How long does the CIS take to grant said petition?

  2. #2
    Does the CIS actually investigate "battered spouse" petitions? or just grant it (even without police reports?)
    How does one share the family court rulings on abuse allegations with the CIS?
    How long does the CIS take to grant said petition?

  3. #3
    Normally, CIS doesn't "actually" investigate (in person, if that's what you mean) immigration benefit applications or petitions that they receive, VAWA cases included. I think it's mathematically impossible much as they want to or have to. But VAWA itself has been receiving so much incremental changes procedurally in the last couple of years to accommodate wider beneficiaries such as those with removal orders and trafficking victims.

    A police report is one of the strongest documentary evidence to establish abuse, although it's not a single must-have document to be attached to Form I-360. Affidavits by disinterested persons, court documents (e.g.TROs), doctor's diagnoses, media coverage, and so on and so forth, can help to establish a prima facie case against the USC or LPR abuser that can work in the self-petitioning victims' favor.

    A VAWA case just like any other immigration benefit application is discretionary depending on the weight of evidence submitted to overcome the burden of proof. If the claim is highly convincing, favorable adjudication time could last only in a matter of four to six months.

  4. #4
    The situation is that she kidnapped the child and went to a shelter. Her TRO was denied by the court. There was a police report of child abuse that was showed that it was her false allegation.
    There are affidavits from neighbours and the pre-school that she was not physically or mentally abused; this will be on record at the custody hearing in early August.
    what would it do to her VAWA application is if the family court session transcript which shows that she if abusing VAWA to stay in the country wound up with the USCIS?

  5. #5
    Mike, wait a minute, I responded in the context of the question. Because the spirit of the OP's concern is if the USCIS will "actually" investigate the veracity of the abuse, that's why I responded accordingly along the same premise. Of course, the same matter can't be treated as the same and equal to the routine "background check" of each and every immigration benefit applicant so much so after the events of 9/11. I hope you get what I mean.

  6. #6
    Mike, now I saw the point where you're confused, but sorry I'll answer Klinus first and I'll get back to you afterwards.

    Klinus, based on your posts here's how I read the situation (correct me if I'm wrong). You're the father, a USC, and your alien wife kidnapped your child and she filed a TRO to deny you any access to your child, and she's claiming that you're abusing her physically and mentally. She's filing an I-360 under VAWA to gain immigration benefit. Am I right in my reading?

  7. #7

    Yes, I am the USC father. She filed a TRo which was DENIED. I expect that she will claim physical and mental, I have depositions that will rubbish her allegations - in family court.

    If she waited till the final divorce decree, which being a contested custody case could take 3 years (at least I can do that0 during which time she will be out of status. further since her status is unknown, I will ask and for (and probably recieve) full custody, with, according to CA Family Code 3048 her having only supervised visitation. That is why I suspect that she will try to file a 360.
    How will the Vermont Service Center react to the Family court transcripts (which include at least 50 neighbors who are royally pissed off at her kidnapping the kid and making him live ina shelter for a month)

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mike_2007:
    i do,,thnx,,but this is the part that i got at the beggening,,bubt what iam saying is ,,if its ganna hurt if u have a previous issue with the immigration and like i said it was dissmesed and waived by both the judge and the immigration? thats my question ,,is it ganna hurt to get it proved ,,or after it gets to the embassy? </div></BLOCKQUOTE>

    Mike, here's the point, I'll distinguish the two cases by form.

    Klinus' question is about I-360 under VAWA, will CIS investigate if the applicant is actually abused? Yes, but only through documentary evidence.

    For your part about I-130, will the CIS investigate your relationship with your petitioner? Yes, but through marriage or birth certificates only.

    But both alien applicants for both application/petition will be background checked by the USCIS.

    Regarding your question about a "previous issue" with immigration and it's possible effects on a pending I-130, it's details should be assessed and scrutinized by an immigration practitioner who can give you a clearer scenario and who can recommend the best relief possible.

  9. #9
    What documentation? There are three police reports the first that happened when she called the cops after I cut up her (my) credit card, the secodn when she broke open my study door and made an "unfounded" child abuse claim and third when she kidnapped the child. Everybody who knows the two of us have testfied that she is, well, a little nuts. Importantly that includes three people who saw her and talked to her just before she left for the shelter.
    Unless she lies....

  10. #10
    If as you claim her abuse allegation is unfounded, then her I-360 will be denied. But it's up to the USCIS to make such a determination based on the merits of the documentary evidence that she will provide. You know, she may also seek assistance from the "shelter" to advance her own side of the story, and of course you cannot deny her an equal protection of the law that she is likewise entitled to like yourself. But all in all, it's very difficult when only your side of the picture is out in the open. Sorry.

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