How to get a green card if you are a victim of family violence - ForumDaily
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How to get a green card if you are a victim of family violence

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When this fateful story happened, Vladimir was only 24. A young guy. I just finished my training as an advertising specialist and came to get to know a new country. No language, no life experience. What can we say about the most intimate thing - relationships.

Vladimir, of course, courted the girls. Since school. But it didn’t happen in a serious and long-term way. America captivated him immediately. Energetic New York, first self-earned money, freedom, what else is needed for happiness? It seemed that the main question could also be answered soon - a popular dating site brought Vladimir together with an interesting American woman. Her country farm life seemed ideal from the photographs. The kind that Vladimir dreamed of in his homeland - a wife, family, his own household. In general, everything is like in your parents’ home, only in the USA - in a country with a decent standard of living and a happy old age.

Her name was Dorothy

Dorothy was 35. She lived in a white state of America - in a village near the city of Bismarck, in North Dakota. She had two children and really invited Vladimir to visit, immediately revealing all the cards of her intentions that she was looking for a husband and only a serious relationship.

After 3, a month-long romantic chat on the internet, Vladimir from New York got ready for his darling. I wanted to meet, to visit, but it turned out differently.

Beautiful 2 weeks with Dorothy's family led them to talk about marriage. She was looking for a husband, Vladimir soon ended the visa. To continue the communication further and to avoid the forced separation of documents, they decided to sign. Her two school-age children and a brother and wife witnessed a modest celebration.

The first month really turned out to be a honeymoon. Vladimir only found out that she was taking pills for bipolarity (or manic-depressive syndrome). But the newly-made wife assured that the medications were not that serious, and we shouldn’t pay attention to it.

Cigarettes and whiskey

A month has passed, the other, the behavior of his wife has changed dramatically. In the mornings, she was already not ashamed to smoke and stay alone for a long time. Her morning, like the rest of the day, was dark and scary.

She got up, brewed her coffee, sat in a chair, smoked one by one cigarettes and swayed very strongly. She was clearly immersed in some thoughts and seemed to be struggling with something negative that worried her.

Dorothy asked her not to touch. I answered any questions of my husband with rudeness and humiliation. The children were on their own, housekeeping too. For a meal at a store that was in 20 minutes from the village, she preferred to go once a week. From where always brought a standard set: cereal, milk and eggs. All other money from the allowance that she received from the state was spent on cigarettes and whiskey.

Vladimir completely hung from her. He could not get a job until the documents were ready. They had to be filed, and the wife was in no hurry to help, finding different reasons. All savings at Vladimir over. In the house, sometimes, except for cat food and wife’s alcohol, there was nothing else.

He could not leave without money. Dorothy's mood changed on a sharp sinusoidal scale - it would either rise, and she was drunkenly having fun at home, then it would fall, and she would give orders, and for disobedience she would be kicked out into the street.

More and more often, Vladimir began to spend the night in a Protestant village church, the doors of which were always open.

Half a year of humiliation

6 months have passed. Their upbringing did not allow their elderly parents from Russia to complain, and Vladimir did not yet understand how to escape. At his inexperienced 24 years, he was not ready for such a turn of events. No money, no documents, a real wilderness all around, and a gloomy, sick state, as if passed down from a wife with oddities, who only a few months later admitted that she was tormented by constant depression and fears. She even began to sleep exclusively with the light on.

The atmosphere in the house was getting worse and worse. Cats with dogs bred to 20 units and, frankly, polluted an already dirty house.

There was still nothing. With documents and a green card design, the wife was still pulling. It was necessary to take several guarantors, whom she did not hurry to find. As time went on, Vladimir could not get a work permit without documents. It turned out a vicious circle.

Complete isolation from the world drove him crazy. My wife is on strong antidepressants and alcohol. The only person with whom he continued to communicate was a friend from Indiana of Russian descent, whose father worked in an ambulance. He, as a person who once also went through the difficult path of legalization in the country, decided to meet halfway and sign sponsorship so that Vladimir’s paperwork could finally get off the ground.

A kind man, without knowing him, paid for Vladimir to take a bus to his city in Indiana and provided the help of his lawyer friend. It was here at the meeting that the lawyer pointed out to Vladimir that his position in the family was obvious violence against a person and life in inhuman conditions. A green card under this article is issued within 3 months.

It was decided to go this way. Vladimir was clearly not going to remain married. It remains to collect the case with all the necessary documents.

Collect documents

Vladimir collected the following list of documents:

  • case with a description of the story;
  • fingerprints;
  • Photo;
  • testimony from the doctor that the victim of violence is in a severe psychological state;
  • vaccination certificates;
  • conclusion from a certified professor of psychology abuse (violence in family).

Vladimir returned home. According to the law, he had the right to remain silent, which he did. Life was no longer the same - there was hope that in 90 days his case would be considered. On the 88th day, the answer came that there was not enough evidence about living together. Vladimir was given another 60 days to collect documents.

For non-disclosure of the case, he opened a special box at the post office, where all the letters from the lawyer arrived, and the wife did not recognize anything.

According to a survey by the immigration service, he sent photographs of their leisure time, the house where they live, joint checks, interviews with neighbors that they actually live together. All this had to be confirmed by a notary. And the most important thing was needed - evidence from other people that violence was taking place in this family. A friend from Indiana, of course, agreed to describe the picture. But this was not enough. Vladimir knew that his wife would get drunk again and start kicking him out of the house again.

And so it happened. However, this time Dorothy’s daughter joined the showdown. She accused Vladimir that he was guilty of his mother's depression. He asked for a phone to call 911 and ask for a shelter (temporary housing), since he could no longer be at home. Wife refused. Then Vladimir went to her father who lives on the same street and called from him.

A local policeman said that there was no shetel in the village - he could not help with housing, nor could he come, since there was a lot of snow. I asked Vladimir what he usually does in such situations? Vladimir replied that he goes to spend the night in an open church with a blanket under his arm. Which is what he did this time.

The policeman contacted the pastor, who later gave important evidence on the case. The call to the police was recorded and also attached to the case. The lawyer recommended his wife not to return anymore.

In the area they found social housing for the poor and needy, where Vladimir and settled for a few days. The people in the village, having learned about his situation, began to help products and things.

During the same period, children of an American wife robbed a store at a gas station and received a suspended sentence. This, too, became a weighty fact in order to prove the nonfamily families where Vladimir lived.

Go till the end

A week after leaving home, Vladimir received a work permit from the immigration service. He immediately got ready and went to the nearest city of Bismarck. Passed on the right, got a job in a nursing home and began to save money. The salary was tiny, but after a couple of months we managed to save $ 1500. Vladimir decided to go to the state of Montana, especially since the immigration service, which considered his case, was there and still would have to go for an interview.

A month later came the refusal of the case. But Vladimir decided to go to the end, he filed an appeal and a month later the higher immigration authority approved the lawsuit.

After 4 months, Vladimir received a green card, and now, 3 years later, he has already applied for citizenship - as a victim of domestic violence.

Having passed this way, Vladimir found out that there is a way out for those who are in a similar situation. There are official organizationwho help people who have become victims of violence. And it doesn’t matter - physical or psychological. If this had happened earlier, he would certainly have written to them first.

Of course, collecting all the documents is not free. And if a victim of domestic violence decides to leave the family and legalize in the United States without a tyrant spouse, you need to prepare for expenses. Preparing the case, along with vaccinations and doctors, cost Vladimir exactly $7000. This amount was paid for him by the father of that same friend from Indiana, to whom he is immensely grateful for his help. Vladimir, of course, already gave the money as soon as he got back on his feet.

What the law says about domestic violence

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U.S. Department of State clarifieswhat rights an immigrant has in case of domestic violence.

What is domestic violence

Domestic violence is a model of behavior in which the spouse (partner) or partner (sha) in a couple who has developed a close relationship threatens his spouse (partner) or partner (partner) or ill-treats her (him). Ill-treatment can include physical harm, forced sex, emotional manipulation (including isolation and intimidation), as well as threats of an economic nature, or related to immigration experience. Although the majority of reported incidents of domestic violence are related to abuse by men against women or children, men can also be victims of domestic violence.

Domestic violence can include sexual abuse, child abuse and other violent crimes.

Sexual abuse - this is any kind of sexual activity to which you do not agree, even if it is about your spouse, and it can be committed by any person.

Child abuse includes: physical violence (any injury caused by chance, including excessive punishment), physical neglect (refusal to eat, shelter, medical care or supervision), sexual violence and moral humiliation (threats, refusal to show love, support or mentoring).

Manifestations of domestic violence, sexual abuse and child abuse are illegal in the United States under any circumstances.

The law guarantees protection from ill-treatment to all residents of the United States (regardless of race, color, religion, gender, age, nationality, or immigration status).

Any victim of domestic violence—regardless of immigration status or citizenship—has the right to help. Any immigrant victim of domestic violence is subject to immigrant protection provisions.

If you experience domestic violence at home, then you are no exception.

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What the law guarantees you

Both civil and criminal laws guarantee the basic forms of protection for all US residents, regardless of their citizenship and immigration status.

The laws governing family life provide you with:

· The right to receive a court order on protection for you and your child (your children);

· The right to separate or to divorce without the consent of your spouse (s);

· The right to the division of a certain family property. In the event of a divorce, the court may share any property or finances that you and your spouse have together;

· The right to seek custody of their child (s) and financial support. Parents of children who have not turned 21 a year are often required to pay financial support for any child who does not live with them.

Consult with a family law lawyer who works with immigrants about the positive and negative aspects of influencing you to any of the versions of this law governing family life.

According to US law, any victim of a crime, regardless of her citizenship or immigration status, can call the police for help or get a protection order.

If you or your child are in danger, call the police at 911.

The police may arrest your fiancé (bride), spouse (s), or partner (partner) if they consider that this person has committed a crime. You should inform the police of any manifestations of ill-treatment that have occurred, even if it was in the past, and show any injuries.

Anyone can report a crime, regardless of her (his) citizenship or immigration status.

Similarly, if you are a victim of domestic violence, you can go to court for a protection order. According to a court order for protection or a restraining order, your abuser may be barred from calling, contacting or approaching you, your child (your children). If your abuser violates a protection order, you should call the police who can arrest the abuser. Application forms for a protection order can be obtained in court, in most police stations, shelters for women and law firms.

If your abuser accuses you of a crime, you have basic rights, regardless of your citizenship and immigration status, including the right to talk with a lawyer, the right not to answer questions in the absence of a lawyer, and the right to speak in your defense. It is important to talk with both an immigration attorney and a criminal attorney.

Useful phones

National Domestic Violence Hotline: 1-800-799-SAFE (1-800-799-7233) 1-800-787-3224 (телефон для глухих)

National Sexual Abuse Hotline National Network for Rape, Ill-treatment and Incest: 1-800-656-HOPE (1-800-656-4673)

National Center for Missing Children and Abused Children: 1-800-THE-LOST (1-800-843-5678) www.missingkids.com

National Center for Victims of Crime: 1-800-FYI-CALL (1-800-394-2255) 1-800-211-7996 (phone for the deaf)

The main task of these organizations is to provide security and protection.

In parallel with domestic violence, other forms of exploitation can sometimes occur, including trafficking in persons, in cases where exploitation involves forced labor, services or commercial sex. At these addresses and phone numbers you can get help on issues related to human trafficking:

National Center for Assistance in Trafficking in Persons: 1-888-373-7888 (around the clock, 7 days a week)

Hot line special group Ministries of Justice for Trafficking and Labor Exploitation: 1-888-428-7581 (Monday to Friday, from 9.00 to 17.00)

Additional information can be found on the website. Citizenship and Immigration Servicesor by calling the number below (for free): 1-800-870-3676.

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