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Documents & Evidence in a VAWA

Submission

efore HRI accepts a case, we provide the client with a checklist of items that are required to file under VAWA. By the time the case is assigned to a pro bono the client has provided the preliminary documentation necessary to file. As you meet with the client to go over the requirements discussed in this chapter, you should have the checklist available.

16.1 Under the VAWA Standard, the self-petitioner must prove the following, see INA § 204:

1. She is married to a lawful permanent resident or U.S. citizen and has been in a bona fide relationship with him within the past two years.

i. In many instances the client will still be married when she comes to HRI. However, there

are some variations which do not preclude her from relief:

1. In most instances the couple must be married at the time the petition is filed. However, if the marriage was terminated due to the abuse (and this can be proven) she can file within two years of the termination.

2. If the spouse dies, she can file within two years from her spouse’s death.

3. If the self-petitioner remarries after the petition is granted, it will not be revoked.

However, if she remarries prior to the petition’s adjudication, the petition will be denied. In the Representation Agreement HRI requires each VAWA client to inform HRI and the representing pro bono if she decides to file for divorce or remarry.

4. If the marriage is not valid, but the self-petitioner believed she was in a valid

marriage, she can file as an “intended spouse”.

ii. Spouse’s status. If her spouse loses his status related to the domestic abuse, the self -petitioner may still qualify. However, she must file for relief within two years from the date her husband lost his status.

2. She is currently residing in the United States.

3. She has resided with her spouse (there is no specific amount of time).

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4. Her spouse has battered her or her child or subjected her or her child to extreme cruelty

during the marriage.

5. She is a person of good moral character.

6. She entered into the marriage in good faith.

The documentary evidence required to establish self-petitioner eligibility under VAWA are discussed later in this chapter.

16.2 Citizenship and Immigration Services’ Forms required for submission:

1. I-360 Petition1. Additional forms can be found on the Citizenship and Immigration

Services (CIS) website at:

http://www.uscis.gov/files/form/i-360.pdf

i. Filing fee. As of 07/30/2007 there is no longer a filing fee for VAWA self-petitioners.

ii. Completion. All areas of the I-360 Petition should be completed. Since this form is used for other types of relief, some of the areas will not apply to the VAWA client. In this instance, simply type “N/A” in these areas.

iii. Mailing address. The petition, G-28 and all of the evidence should be

returned to HRI for final review and mailing. We include the mailing address only as reference:

U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services Vermont Service Center

75 Lower Welden St. Saint Albans, Vermont 05479-0001

2. Attorney Representation Forms2. A G-28, Notice of appearance, must accompany

the I-360 package. The attorney assisting with the case should sign the notice of appearance. If someone other than an attorney prepares the case, HRI will attach a G-28 to the case before it is sent to CIS. The G-28 is a form used to inform CIS of attorney representation. This form gives CIS consent to mail information concerning the applicant directly to the attorney on the G-28. The G-28 should be printed on blue paper. A G-28 can be obtained on the CIS website at:

http://www.uscis.gov/files/form/g-28.pdf

16.3 Cover Letter: HRI will attach the cover letter.

1 See Appendixes for a copy of an I-360 Petition.

2 See the Appendixes for a sample G-28 Attorney Representation Form.

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16.4 Supporting Affidavit3. The affidavit is a complete account of the self-petitioner’s relationship

with her spouse. The affidavit presents the case in a logical order and gives you control over the flow, order and emphasis of the “story”. The affidavit should focus on the petitioner’s personal background, how the petitioner came to the United States and especially the details of the bona fide relationship and the abuse. It should chronologically examine the relevant events in the petitioner’s life. Specific events of abuse must be documented in great detail. HRI suggests the following format:

1. Paragraph summarizing client’s background, including: name, name of spouse and/or

children, professional and education background, etc. 2. Paragraph summarizing the petitioner’s case, including information such as: length of

relationship, reasons she ended her relationship, and abuse experienced (culmination of abuse). This paragraph should be at the beginning of the affidavit.

3. Chronological history of the petitioner’s relationship with her spouse, including:

How she met her husband, dating, engagement, and life once they married.

Explanation of things she and her husband did together, vacations taken as a family, holidays, birth of children, etc.

The general relationship with her spouse and how she was treated overall.

The abuse (psychological, emotional, physical and/or financial) she experienced during the marriage/relationship.

Focus should be placed on any specific incidents of abuse that are of a serious nature, including information on their sexual relationship, if relevant to abuse.

Describe any help she may have sought out during the course of her relationship (did she ever contact a religious institution, go to a shelter, or speak with a counselor?)

How and when she separated from her spouse.

How the separation related to the abuse.

Treatment of children in the household.

Any telephone calls/contact with a law enforcement agency because of abuse. If you note time gaps when the self-petitioner is chronologically explaining her story, you should question the client about the time period. Gaps are not uncommon. However, they should be explained.

16.5 Establishing the status of the U.S. Citizen or Lawful Permanent Resident: Petitioner must

provide a copy of her spouse’s U.S. birth certificate, U.S. Naturalization Certificate or lawful permanent resident card (“green card”), or social security card. It is the self-petitioner’s burden to prove her spouse’s immigration status. If she is unable to obtain the evidence the CIS will attempt to verify the information on their own. However, if they cannot the case will be denied.

16.6 Translations. A translation and a notarized Certificate of Translation4 must accompany all

documents that are NOT in English. See 8 CFR §1003.33. 16.7 Entry into the United States. Copies of old/new passports and I-94 cards, if any. If there is no

documentation to discuss entry, make sure the affidavit discusses entry into the United States.

3 See the Appendixes for a sample Affidavit in support of self-petitioner’s VAWA claim.

4 See the Appendixes for a sample Certificate of Translation.

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16.8 Proof of identity. Passports are not acceptable proof of identification. Birth documents are

required. The U.S. Department of State issues country specific document requirements for foreign nationals. This information can be accessed by using the Visa Reciprocity and Country Documents Finder at:

http://travel.state.gov/visa/reciprocity/country_pick.htm#P

Establishing evidence discussed in 3.9 to 3.11:

If the client is having difficulties obtaining supporting letters or affidavits from family, friends or professional sources, offer to provide the client with a letter explaining the requirement. She can offer the letter to explain what she needs.5 For establishing evidence also review the regulations contained at 8 CFR 204.2(c) for more detail on bona fide relationship, the definition of battery or extreme cruelty and good moral character.

16.9 Establishing the Petitioner has had a bona fide relationship with her spouse and they have lived together at some time.

1. Required Evidence:

a. Marriage Certificate. b. Copy of any previously filed I-130 Petition filed on the client’s behalf. If the client’s

husband filed an I-130 Relative Petition on her behalf a copy of the receipt notice (if it has not been approved yet) or the approval notice must be included. If she is married to an LPR and was granted V-1 status and employment authorization, this documentation should be included as well. If the husband is an LPR and has not filed an I-130, but another qualifying relative has filed an I-130 on the client’s behalf, a copy of that receipt notice or approval notice should also be included.

c. Copies of petitioner and spouse’s previous divorce decrees from any previous marriages.

d. If either party has filed for divorce or if the petitioner is divorced from the abusive spouse, she must provide copies.

e. If self-petitioner filed joint tax returns with her spouse, provide copies of all tax returns since they have been married. If she has not retained copies, she can contact the Internal Revenue Service (IRS) for duplicates. Transcripts, the quickest option, are received in only two weeks. She can call the IRS to request the transcripts at (800) 829-1040 or order by mail on IRS Form 4506-T Request for Transcript of Tax Return. The transcripts are available for the current tax year and the three previous tax years. For more information, visit the IRS website at www.irs.gov.

f. Copies of birth/baptismal documents for any child(ren) the couple has had together.

2. Additional evidence. The petitioner should attempt to provide as many of the

following items as possible:

a. Copies of lease agreements, mortgage paperwork, or letter from landlord stating

that self-petitioner and her spouse resided together. b. Copies of car titles and/or car insurance in both names.

5 See the Appendixes for a sample supporting letter.

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c. Copies of household bills, such as telephone, water, electricity, credit card bills, loan payments, etc.

d. Copies of life or health insurance policies in both names. e. Pictures of the self-petitioner and her spouse together. The pictures should be

copied and then have descriptions and dates typed onto the copy so that CIS can reference the occasion.

f. Cards/letters from friends and relatives to self-petitioner and her spouse. Whenever possible a copy of the envelope should be included as evidence.

g. Affidavits from family/friends stating the self-petitioner entered into a bona fide marriage with your spouse. The affidavit can also attest to holidays, special occasions or special times the couple spent with the family.

16.10 Establishing abuse (battery or extreme cruelty). The self-petitioner should provide as

much proof of the abuse as possible. Common examples are:

a. Police reports b. Photographs c. Affidavits from family and/or friends, which evidence the abuse the self-petitioner

and/or her child(ren) suffered. d. Letters from agencies/healthcare providers that possess any relevant information

concerning the abuse the self-petitioner and/or her child(ren) have suffered. When possible the professional’s curriculum vitae should be included.

e. Copies of any Orders of Protection the self-petitioner has filed against her spouse. 16.11 Good moral character. The self-petitioner must prove she is a person of good moral

character and has not committed any of the acts defined in 101(f) of the Act. If she has committed one of the acts listed in 101(f), but it was directly related to the abuse, she may be eligible for a waiver. See 8 CFR 204.2(c)(1)(H)(vii).

As prescribed in 8 CFR 204.2(c)(2)(v) the following evidence MUST be submitted as evidence of good moral character:

a. Petitioner’s Affidavit of Good Moral Character6, which must be notarized.

b. If client has a Texas Identity Card: Client should complete a Texas Department of Public Safety background search. Information may be found at: http://www.txdps.state.tx.us/administration/crime_records/pages/applicantfingerprintservices.htm. Please contact HRI for instructions on how to complete the DPS search.

c. If client does not have a Texas Identity Card: Local police clearance letters from every city (or state if it is more convenient) in the United States the self-petitioner has resided in for six or more months for the past three years. The clearance should include a criminal background search of both misdemeanors and felonies. All aliases should be included in the background search. If she has lived in a foreign country in the past three years, she will also need to obtain a police clearance letter from the appropriate foreign authority. If the clearance letters are unavailable, the petitioner will need to show she has attempted to obtain the information and explain the reasons she was unsuccessful.

d. The Service will also accept secondary evidence from credible sources who can testify to the self-petitioner’s good moral character. Ex. Affidavit from neighbors or close family friends, supporting letters from a religious institution or places she has volunteered with, school or class transcripts, etc.

6 See the Appendices for a sample Affidavit of Good Moral Character.

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16.12 Preparing and Filing the VAWA package. The VAWA package should be in the following

order:

a. G-28 Attorney Representation Form.

b. I-360 Petition.

c. Exhibit List.7 An exhibit list should be included. The exhibit list should contain a

complete description of each document. HRI suggests the exhibit list be broken up into categories, to show the client has complied with each requirement.

d. Appearance of package:

i. Tabs. Each pertinent document in the package should be tabbed; VSC

guidelines ask that the bottom of the document be tabbed. Do not put tabs on the sides of the package.

ii. Highlight. All pertinent evidence in the package should be highlighted. This

should include pertinent information on the passport, birth certificate, and marriage certificate as well as information on the exhibits. Do not highlight anything on affidavits.

iii. Hole Punched. The package should be two hole punched at the top center

and pronged together.

iv. Paper Length. Every page in the package should be standard letter size. Do

not send anything to VSC that is legal sized. All copies should be reduced to fit 8-½ x 11.

v. Head to Foot. The I-360 form is head to foot; i.e. when page one is flipped

onto page two from the bottom, the top of page two is visible.

vi. One-sided. Each page in the package, excluding the I-360 petition, should be

one-sided.

e. Once the package is complete. You should perform a final review of the package to confirm all requirements have been satisfied. The VAWA Pro Bono Checklist8 can be used as a guide. Once it is finished you should make arrangements to transfer the case to HRI. We will perform a final review and then submit the package on your behalf.

7 See the Appendixes for a sample Index of Exhibits.

8 See the Appendixes for VAWA Pro Bono Checklist.

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Chapter 16

Documents & Evidence in a VAWA Submission

Index of Appendices

Appendix 16-A Sample I-360

Appendix 16-B Blank G-28 Attorney Representation Form

Appendix 16-C Sample Affidavit in Support of Self-Petitioner’s VAWA Claim

Appendix 16-D Sample Certificate of Translation Appendix 16-E Sample Supporting Letter

Appendix 16-F Sample Affidavit of Good Moral Character Appendix 16-G VAWA Pro Bono Checklist

Appendix 16-H Sample Index of Exhibits

Appendix 16-I Sample I-360 Package Submission

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Requirements

for Abused

Immigrant

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Mailing

Info.

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Be sure to answer every question

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Include an I-765 with the submission so that your

client obtains employment authorization ASAP

Ask your client

about her previous

work history. If she has worked without

permission include an addendum explaining

how it related to the abuse

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Include all of petitioner AND her spouse’s

children—even if they are not from their relationship or in the U.S.

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Both the attorney

and the client must sign and date the form

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Appendix 16-A

This form should be printed on blue paper and signed by the attorney and the client. A separate G-28 must be provided for each application/petition.

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Appendix 16-B

Sample Affidavit in Support of Self-Petitioner’s VAWA Claim

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SAMPLE

CERTIFICATE OF TRANSLATION

Pursuant to 8 CFR §1003.33, I certify that I am competent to translate the attached document from ____________ to English and that the translation is true and accurate to the best of my abilities. I further certify that I have accurately translated the following attached document from ____________ to English:

INDICATE THE NAME OF ITEM

Signature: __________________________ Date: __________________________

Name: (Print) __________________________ Phone (Day): __________________________

(Evening): __________________________ Address: __________________________ __________________________

SWORN TO AND SUBSCRIBED BEFORE ME THIS _____DAY OF____________, 2005.

__________________________ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS

[Stamped Notary Seal]

Appendix 16-C

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March 22, 2004 Re: PORTILLO, Rosario Jimenez To Whom It May Concern: We would like to request a letter from you concerning your professional/personal relationship with Ms. Rosario Jimenez Portillo. The letter should state any relevant information you possess concerning her marriage and the abuse she experienced during the marriage. Please feel free to detail specific incidents you witnessed. Also, the letter should explain any relevant information you possess concerning Ms. Portillo’s good moral character. For example, the care and commitment she shows to her children, etc. Our agency will use the letter to assist Ms. Portillo in filing for relief based on the Violence Against Women Act. If you require additional information, please feel free to contact me directly at (214) 273-4337. Thank you for your assistance. Sincerely, Kimberly M. Rafalski Legal Assistant

Appendix 16-D

Sample Letter to Obtain a Supporting Letter

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AFFIDAVIT OF GOOD MORAL CHARACTER

STATE OF TEXAS §

§ KNOW ALL MEN BY THESE PRESENTS

COUNTY OF _____________ §

BEFORE ME, the undersigned authority, on this day personally appeared

_____________________ who, being duly sworn by me, stated under oath the following:

“I am a Self-Petitioning Spouse of Abusive U.S. Citizen/Lawful Permanent Resident.

“By signing this instrument, I am swearing that I have not been found guilty or entered a

plea of nolo contendere (no contest), regardless of the adjudication, to any of the following

criminal or other charges or offenses as promulgated under Federal law, Texas law or under

any similar statute of another jurisdiction. I also attest that I do not have a delinquency record

that is similar to any of these charges or offenses.

“I understand I must acknowledge the existence of any criminal records relating to the

following list regardless of whether or not those records have been sealed or expunged. To the

best of my knowledge and belief, my record may contain one of the foregoing disqualifying acts of

offenses.

___ Relating to a crime of moral turpitude or an attempt or conspiracy to commit such a crime. ___ A violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the

United States, or a foreign country relating to a controlled substance.

___ Relating to the trafficking of any controlled substance.

___ Relating to prostitution or commercialized vice ___ Related to any crime if reckless driving or of driving while intoxicated or under the

influence of alcohol or of prohibited substances where there was personal injury to

another ___ Related to aiding, abetting, assisting conspiring or colluding in the trafficking of persons

___ Related to the laundering of monetary instruments

___ Related to espionage or sabotage ___ Related to terrorist activity

___ Related to polygamy

___ Related to encouraging, inducing, assisting, abetting or aiding any other alien to enter or

try to enter the United States ___ Relating to sexual misconduct with certain mental health patients and reporting of such

sexual misconduct.

___ Relating to abuse, neglect, or exploitation of a vulnerable adult. ___ Relating to murder.

___ Relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult,

or aggravated manslaughter of a child. ___ Relating to vehicular homicide.

___ Relating to killing of an unborn child by injury to the mother.

___ Relating to assault, if the victim of the offense was a minor.

___ Relating to aggravated assault. ___ Relating to battery, if the victim of the offense was a minor.

___ Relating to aggravated battery.

___ Relating to kidnapping.

Appendix 16-E

Sample Affidavit of Good Moral Character

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___ Relating to false imprisonment.

___ Relating to sexual battery. ___ Relating to lewd and lascivious behavior.

___ Relating to lewdness and indecent exposure.

___ Relating to arson.

___ Relating to theft, robbery, and related crimes, if the offense was a felony. ___ Relating to fraudulent sale of controlled substances, only if the offense was a felony.

___ Relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.

___ Relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.

___ Relating to exploitation of an elderly person or disabled adult, if the offense was a felony.

___ Relating to incest. ___ Relating to child abuse, aggravated child abuse, or neglect of a child.

___ Relating to contributing to the delinquency or dependency of a child.

___ Relating to negligent treatment of children.

___ Relating to sexual performance by a child. ___ Relating to obscene literature.

___ Relating to drug abuse prevention and control, only if the offense was a felony or if any

other person involved in the offense was a minor. ___ Relating to sexual misconduct with certain forensic clients and reporting of such sexual

misconduct.

___ Relating to any felony

“Under the penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true to

the best of my knowledge and belief.”

__________________, AFFIANT

SWORN TO AND SUBSCRIBED BEFORE ME THIS THE ____

TH DAY OF _____________, 200__.

___________________________________

Notary - State of Texas Printed Name: My Commission Expires:

[Stamped Notary Seal]

Appendix 16-F

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VAWA CHECKLIST

Pro Bono Volunteer: ____________________ Client Name: ____________________

According to CIS, all the items below must be completed, no exceptions, before they will accept a package for processing. Failure to complete one or more of the items will result in CIS returning the package without processing. Therefore, please use this checklist as a guide when completing the package.

I have completed every question on the I-360 petition, leaving no blanks and have placed N/A, Unknown or None in all unanswered questions.

My client has signed the I-360 petition on page 4.

I have signed the I-360 petition as the preparer on page 4.

If I am an attorney, my client and I have signed a G-28.

I provided evidence of the petitioner’s identity (passport does not evidence identity).

I provided evidence of her spouse’s immigration status.

I provided evidence of the client’s bona fide relationship with her spouse.

I prepared an Affidavit. The affidavit is signed, notarized and in the package.

I provided evidence of battery or extreme cruelty.

I provided evidence the petitioner’s good moral character including police clearance letters, her affidavit, and secondary evidence.

I highlighted all the information in the research that I feel is relevant to the CIS officer.

I included an Affidavit of Translation for each document not in English pursuant to 8 CFR §

1003.33

I prepared an exhibit list.

I tabbed all sets of exhibits (on the bottom).

I hole punched the package.

I only used 8 ½ x 11 sized paper.

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Appendix 16-G

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Appendix 16-I

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