Tweet
Situation:
2 year conditional permanent resident (expires march 2017)
17 year old daughter lives with her (conditional permanent resident also)
Separated from spouse due to sexual and verbal abuse, but still married
Working minimum wage job and lives where she works
Wants to file i751 with waiver for cruelty/battery
She ran away from her husband a few months ago after enduring an extended period of time of forced sex and intimidation from her husband. She was too intimidated to report him to the authorities for fear of her Green Card being revoked. She eventually ran away and found refuge in Los Angeles. She was able to relocate there through the help of a friend of a friend. She now works a minimum wage job, and lives where she works (in a home caring for the mentally disabled). She wants to file to remove her conditions with a waiver for cruelty/battery.
According to I751 instructions, the form must be submitted with the following evidence to prove extreme cruelty and/or battery:
Evidence of the abuse, such as copies or official records issued by police, courts, medical personnel, school officials, clergy, social workers, and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a shelter for the abused or similar refuge, as well as photographs evidencing your injuries
Here are a few questions that are materializing in my head as I think:
1. It has been a couple months since she last had contact with her husband, and has somewhat established herself in Los Angeles. What official records will she be able to avail? What police, court, medical, school, clergy, social worker, or other social services documents can she submit on her behalf in her fight for the I751?What specific social services would she be able to take advantage of?
2. Referring to legal documents relating to an order of protection against the abuser: Would this include a restraining order? Should she file a petition for divorce to show an initiation of separation?
3. If she is able to produce any primary evidence (text messages and/or ******** messages) would those be admissible in this case? Would she need a professional (licensed?) translator to translate the documents into English? The spouse is a filipino-american.
4. Is she able to apply for SNAP and Medicaid benefits? I understand that under normal conditions, LPRs are not eligible to take advantage of those benefits, but this is an extraordinary circumstance.
5. What else can she do to help her I751 case? I would like to send an impeccable I751 packet to USCIS on her behalf to where even the hardest reviewer would be overwhelmed with such an impressive and eclectic plethora of evidence.
This woman came to the land of opportunity with her head held high and her dreams and goals even higher. The abuse has taken a toll on her psychology, as she obviously suffers from PTSD. Lastly, I know that this poor woman is not the only one who has ever experienced this sort of atrocity. In my eyes, sexual exploitation is of the most formidable acts one can do to another human being. Death is arguably more acceptable to some women, as history shows that some sex slaves have welcomed death with self inflicted wounds.
I ask that we as a community put our heads together and provide the most valuable resource for this woman: INFORMATION
I further ask that VJers can freely use this thread as a reference for future circumstances like this one
Thank you in advance for your priceless input
2 year conditional permanent resident (expires march 2017)
17 year old daughter lives with her (conditional permanent resident also)
Separated from spouse due to sexual and verbal abuse, but still married
Working minimum wage job and lives where she works
Wants to file i751 with waiver for cruelty/battery
She ran away from her husband a few months ago after enduring an extended period of time of forced sex and intimidation from her husband. She was too intimidated to report him to the authorities for fear of her Green Card being revoked. She eventually ran away and found refuge in Los Angeles. She was able to relocate there through the help of a friend of a friend. She now works a minimum wage job, and lives where she works (in a home caring for the mentally disabled). She wants to file to remove her conditions with a waiver for cruelty/battery.
According to I751 instructions, the form must be submitted with the following evidence to prove extreme cruelty and/or battery:
Evidence of the abuse, such as copies or official records issued by police, courts, medical personnel, school officials, clergy, social workers, and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a shelter for the abused or similar refuge, as well as photographs evidencing your injuries
Here are a few questions that are materializing in my head as I think:
1. It has been a couple months since she last had contact with her husband, and has somewhat established herself in Los Angeles. What official records will she be able to avail? What police, court, medical, school, clergy, social worker, or other social services documents can she submit on her behalf in her fight for the I751?What specific social services would she be able to take advantage of?
2. Referring to legal documents relating to an order of protection against the abuser: Would this include a restraining order? Should she file a petition for divorce to show an initiation of separation?
3. If she is able to produce any primary evidence (text messages and/or ******** messages) would those be admissible in this case? Would she need a professional (licensed?) translator to translate the documents into English? The spouse is a filipino-american.
4. Is she able to apply for SNAP and Medicaid benefits? I understand that under normal conditions, LPRs are not eligible to take advantage of those benefits, but this is an extraordinary circumstance.
5. What else can she do to help her I751 case? I would like to send an impeccable I751 packet to USCIS on her behalf to where even the hardest reviewer would be overwhelmed with such an impressive and eclectic plethora of evidence.
This woman came to the land of opportunity with her head held high and her dreams and goals even higher. The abuse has taken a toll on her psychology, as she obviously suffers from PTSD. Lastly, I know that this poor woman is not the only one who has ever experienced this sort of atrocity. In my eyes, sexual exploitation is of the most formidable acts one can do to another human being. Death is arguably more acceptable to some women, as history shows that some sex slaves have welcomed death with self inflicted wounds.
I ask that we as a community put our heads together and provide the most valuable resource for this woman: INFORMATION
I further ask that VJers can freely use this thread as a reference for future circumstances like this one
Thank you in advance for your priceless input
