September 22, 2008

Department of Homeland Security / CIS

VSC/ Attn: VAWA Unit

75 Lower Welden Street

St. Albans, VT05479-0001

Re: Petition Under the VAWA and Adjustment of Status

Applicant: Mrs. L A-H

A#000-000-000

I-360 SELF-PETITION FOR RELIEF UNDER VAWA AND APPLICATION FOR ADJUSTMENT OF STATUS

To whom it may concern:

Included with this letter is Mrs. L A-H’s application for relief under the Violence Against Women Act and an accompanying application to adjust status for herself and her son.

DOCUMENTS SUPPORTING VAWA PETITION

Initial Documents

  1. G-28 Notice of Entry as Representative for I-360;
  2. Fee waiver request for I-360, 2 I-485’s, and 2 I-765’s,
  3. Includes affidavit from John Berg, director of the International Society for Krishna Consciousness Community where Mrs. A-H lives;
  4. See also declarations from Mrs. A-H and Mr. G P;
  5. I-360 Petition for Special Immigrant Visa;
  6. Mrs. A-H’s passport identity page;
  7. Mrs. A-H’s K-3 visa and I-94;
  8. Mrs. A-H’s birth certificate;
  9. Mrs. A-H’s Social Security card;
  10. K B Das H’s K-4 visa and I-94;
  11. Birth Certificate of KB Das H, son of LA-H and K B H;

United States Citizen Spouse

See Exhibits E and H;

  1. Mr. K B H’s passport identity page;
  2. I-129F approval notice for Mrs. A-H;
  3. USCIS online case status indicating I-130 approval (petition by Mr. H for Mrs. A-H);

Bona Fide Marriage

See Exhibits E, H, and I;

  1. Certificate indicating Mr. H’s “matrimonial capacity” (i.e., that he can legally marry according to the laws of his home country the United States);
  2. Marriage Certificates of Mr. K B H and L A-H;
  3. Pictures of wedding between K B H and L A-H;
  4. Mrs. A-H’s declaration
  5. Ms. K U’s declaration;
  6. Mr. J B’s declaration;
  7. Mr. G P’s declaration;

Shared Residence in the United States

See Exhibits P, Q, R, S;

Abuse / Extreme Cruelty by U.S. Spouse in the United States

See Exhibits P, Q, R, and S

  1. Chicago Police Offense Report dated November 6, 2006,
  2. April 21, 2008 email from Mrs. A-H’s husband in which:
  3. He misleads her by stating that it will help her immigration case if a court order is issued precluding their son from being taken outside the United States.
  4. He attempts to intimidate her into cooperation by suggesting that court action will be necessary if she does not cooperate with him and that this could get her removed.

Good Moral Character

See Exhibits P, R, S, and T;

  1. Mr. D M’s declaration;
  2. Police Clearance from Hancock County, MS;
  3. Police Clearance from Orleans Parish, LA.

TYPES OF ABUSE DOCUMENTED

The following table categorizes the kinds of abuse Mr. H inflicted upon his wife:

Type of Abuse / Description
Physical Abuse / Physical attack, including hitting, kicking, and hair-pulling. Exhibits P (par. 47), Q, and T.
Economic Abuse and Material Deprivation / Mr. H and / or his brother stole from L the money that she had saved to pay for her adjustment of status. Exhibit P (pars. 25-6)
After initially paying for L’s trip to Chicago, her husband took money from her by force. He left her alone with her son in the unfamiliar city to make their way for 2 weeks with $40. Exhibit P (pars. 36-40).
Emotional Manipulation / Throughout 2005 and 2006, Mr. H abused his wife’s desire to preserve their marriage. He told L that they could work their marriage out if only she would change. He would also build up her expectations following his infidelities Exhibit P (pars. 16, 23, 30, 33).
Mr. H manipulated this hope to convince L to come to Chicago, where he left her alone with her son for two weeks to survive on $40. Exhibit P (pars. 33-41).
Social Isolation / As noted in the previous section, Mr. H left his wife alone with their son in Chicago to survive for 2 weeks on $40.
Additionally, after the police had arrested Mr. H, his brother took away L’s key to the apartment. As a result she would not be able to reenter the apartment if she left. Exhibit P (par. 52)
Immigration Threats / Mr. H threatened not to assist L with her adjustment of status if she did not do what he wanted. Exhibit P (par.15, 16, 31. 39)
Other / L’s mother-in-law verbally abused her and slapped her Exhibit P (pars. 26-27)
KB has also recently misled L about her immigration status in order to secure a divorce. He asserts that a provision in their divorce agreement prohibiting their son from leaving the US will help her immigration case. (NB. At the time of this letter, KB and L are still legally married). ExhibitU.

Thank you for your time and attention. Please feel free to contact me with any questions or concerns.

Sincerely,

XX Esq.

Hispanic Apostolate Catholic Charities

1000 Howard Ave., Ste. 237

New Orleans, LA70113

Tel. (504) 310-8765

Fax. (504) 523-6962

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