QUESTION

What can I do if my wife abused me and our US born children who are in my custody?

Asked on Oct 01st, 2012 on Immigration - Wisconsin
More details to this question:
I'm Canadian, entered US by land 2000, no visa required- thus 12y overstay by now. My wife (we were married in E. Europe 2000) was granted Political Asylum on US soil 2002; but hasn't mentioned me to immigration, or the fact she was married. We lived together in US 2000-2003, and had daughter 2001 and son 2002. Wife was found "indicated" by ACS for neglect/abuse in 2002 and 2003. Also, in 2003 she had me arrested twice on DV, later dismissed. Her third crazy 911 call in 2003 led to her arrest instead. I co-operated with DA office, and wife pleaded guilty to Assault3/harassment in exchange for being under outpatient jurisdiction of Mental Health Court for 13months, during which I was granted full order of protection. Then her case was sealed. In 2004, ACS agreed in neglect hearings to discharge children from foster care to me under supervision; wife only came to first neglect hearing, didn't show up for next six and got outright dismissal! In 2005, same court gave me final order of custody on default. In 2006, OCSE served my wife in NY; instead of appearing 2mo later, she called Support Court and testified under oath that "calling from the old country, banned from US for 10y"-thus fraudulently winning dismissal. She never left US and likely became LPR 2007 and USC 2012... So: 1) May I obtain certification for U-visa, based on successful prosecution of crime in 2003? 2) May I file VAWA, having no hard proof of her status and whether she might have divorced me anywhere worldwide? 3) Does child serious med/psych allows to expedite parent's VAWA(if VAWA is based on parent abuse, or on child abuse)? 4) In addition to police clearance, do certificates of disposition with seal re: my arrests clear me completely? 5) How can "entire ACS case file" help?
Report Abuse

3 ANSWERS

Criminal Defense Attorney serving Providence, RI at The Law Office of Susan Pires
Update Your Profile
You need to know what her status is before you file anything.
Answered on Oct 03rd, 2012 at 4:09 PM

Report Abuse
Rebecca T White
A U visa may be one option. The VAWA option may depend on when (if) you have divorced her. I would suggest a full consultation to truly explore your options.
Answered on Oct 03rd, 2012 at 4:09 PM

Report Abuse
Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
Update Your Profile
It certainly sounds like you and your children are good candidates for a U visa or VAWA petition. I'm not sure if you would be able to expedite any petitions based on the child's medical condition - offhand, I'd say it is unlikely. Regarding your arrests, you're going to need to explain the situation to immigration, but as long as your record is otherwise clean you'll most likely be ok on that front. I'd suggest you look for a pro bono clinic or an attorney to help you navigate the process and decide which route to pursue.
Answered on Oct 03rd, 2012 at 4:08 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters