NOTE: Enclosing an Index Or Table of Contents with the Page Numbers Referenced Is Recommended
May 25, 2007
USCIS
Vermont Service Center
Attn: VAWA
St. Albans, Vermont 05479-9589
Re: Client CLIENT
I-360 VAWA Self-petition
[NOTE: Enclosing an Index or Table of Contents with the page numbers referenced is recommended.]
Dear Immigration Officer:
Please find attached the I-360 VAWA self-petition of Client Client, together with supporting documents. Ms. Client is self-petitioning as the spouse of a Resident Alien, Abuser Abuser, who has abused her both physically and mentally.
Ms. Client’s supplemental documentation supports all requirements that VAWA self-petitioners must prove under INA Section 204(a)(I)(A). Specifically, Ms. Client is able to prove (1) battery and cruel treatment occurring during her marriage, (2) a qualifying abuser, (3) a qualifying marriage, (4) a good faith marriage, (5) physical presence in the United States, (6) past residence with the abuser, and (7) good moral character.
Ms. Client is the beneficiary of an approved immigrant visa petition filed by her abusive spouse with a priority date of April X, 1999. Ms. Client requests that the present I-360 petition be given a priority date of April X, 1999, pursuant to 8 C.F.R. 204.2(h)(2).
(1) Battery and extreme cruelty:
Ms. Client must prove that she is the victim of battery or extreme cruelty. INA Section 204(a) (1) (A) (iii) (1). Immigration regulations supply a non-exhaustive list of evidence that may prove battery or extreme cruelty. This list includes, but is not limited to, reports and affidavits from police, judges, and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel, protection orders, shelter records, photographs supported by affidavits, and other forms of credible relevant evidence. 8 CFR 204.2(c) (2) (iv).
The affidavits provided in section B of Ms. Client’s supporting documents provide ample evidence of battery and abuse. Ms. Client’s own affidavit chronicles the battery and extreme cruelty she has suffered at the hands of Abuser Abuser, her former spouse. (p. 2-5). Also included is a letter from a Family Therapist, Therapist, LMSW, who is employed by the Family Outreach Center where Ms. Client sought assistance in dealing with the abuse. (p.6)
(2) Qualifying abuser:
In order for Ms. Client to qualify as a self-petitioner, her abusive spouse must have been a U.S. citizen or lawful permanent resident. INA Section 204(a) (1) (A) (iii). Copies of Mr. Abuser’s Alien Registration Receipt Card and his Resident Alien Card are included in this application. (p. 9) Also enclosed is the approval notice for an immigrant visa petition filed by Mr. Abuser on behalf of Ms. Client. (p. 22)
(3) Qualifying marriage or intended marriage:
Ms. Client must prove that she is or was married to the qualifying abuser. 8 CFR Section 204.1(g) (3) and, if divorced, that the self-petition is being filed within two years of the divorce and there is a connection between the divorce and the domestic violence, 8 CFR Section 204.2 (c) (2) (ii). Included is Florida Marriage Record for Abuser Abuser and Client Client, dated May 22, 1988. (p. 10), as well as the Judgment of Divorce (p.11-15). Ms. Client’s divorce has been final for less than 2 years, so she thus remains eligible to file the present I-360 petition pursuant to INA §204(a)(1)(A)(iii)(II)(aa)(CC)(ccc) because there is in fact a demonstrated connection between the divorce and the domestic violence. Ms. Client’s declaration (p. 2) and the letter from her family therapist (p. 6) establish this connection.
(4) Good faith marriage to abusive spouse:
The self-petitioner must establish that she has entered into the marriage in good faith. INA Section 204(a) (1) (A) (iii) (I). The key factor in determining whether a person entered into a marriage in good faith is whether he or she intended to establish a life together with the spouse at the time of the marriage. 61 Fed. Reg. At 13068 (March 26, 1996) (preamble to INS regulations). Included are birth certificates for two children born to Abuser Abuser and Client Client, N Abuser (p. 16) and A Abuser (p. 17). Also included are family pictures taken of the Abuser family. (pp. 18-19).
(5) Physical presence in the United States:
The self-petitioner must either reside currently in the United States or, if the self-petitioner resides outside the United States, abuse must have occurred in the United States or the abuser must be an employee of the United States government or a member of the United States uniformed services. Here, Ms. Client resides in the United States as evidenced by Ms. Client’s affidavit (p.2-4), an Eligibility Notice from the Michigan Department of Human Services for a food assistance program (p. 10) and Ms. Client’s I-94 registration card (p. 20).
(6) Residence with the abusive spouse:
The self-petitioner must have resided with the abuser at some point. Evidence that Ms. Client resided with Mr. Abuser include birth certificates for N Abuser (p. 16) and A Abuser (p. 17), School Records for N Abuser and A abuser (p. 18-20), Ms. Client’s affidavit (p. 2-5), and the application and approval notices by Abuser Abuser for Client Client for an immigrant Visa (pp. 21, 23).
(7) Good Moral Character:
The self-petition must show proof of good moral character and provide a copy of police clearance letters from jurisdictions where they have resided for six months or more during the three year period preceding the filing of the self-petition. Included is a criminal history check on Client Client for the State of Michigan where Ms. Client has resided for the previous three years (p. 24). Also included is a certificate that Ms. Client received for attending and completing a parenting class (p. 25), as well as Ms. Client’s declaration affirming her good moral character (p. 2-5).
On the basis of the application, Client Client asks that you grant her self-petition. Please advise us if any further information is needed. Thank you for your attention to this matter.
Very truly yours,
Attorney at Law
Enclosures
cc: Client Client