(VAWA) Violence Against Women Act..is a law that allows immigrants to apply for a greencard independent of their US citizen spouse in the case of abuse.. RFE stands for Request for evidence..by USCIS.. I thought these instances were crazy.. An RFE asking for more information to demonstrate substantial harm where client was shot and suffered a bullet wound. Despite multiple attempts at communication with the VAWA hotline at VSC for this egregious RFE, one day after the RFE was due, VSC told the advocate to respond to the RFE. (See attachment, ICWC RFE 10); • RFEs asking for more evidence of substantial harm or battery/extreme cruelty evidence when supporting letters (including one from the police), an emergency protective order and photos of injuries were submitted, but the RFE discounted the photos because they were not taken by police or a hospital. (See attachment ASISTA 8); • One RFE, asking for more information on substantial harm, stated: “He started shaking you and would not allow you to walk away. You indicate that he then threw you down on the bed and choked you. You indicate that you thought you were going to die. At that point the police arrived and pulled him off you...Your letter from XXX Ph.D. indicates that you are suffering from PTSD as a result of the qualifying crime...As her diagnosis is based largely on your description of the severity of abuse that occurred on the date in question, her testimony will be given less weight in the adjudication of this petition. As such USCIS is unable to determine if you suffered substantial physical or emotion abuse as a result of the qualifying criminal act.” (See attachment, ASISTA 9); • One RFE asked for more evidence of substantial harm where the applicant was punched in the face while pregnant and got a bloody nose, received multiple death threats multiple times, and suffered mental abuse as provided in her declaration and her caseworker’s support letter. (See attachment, ICWC RFE 5); • One RFE asked for more evidence of substantial harm where the applicant was choked to the point of losing consciousness, supported among other things, by a therapist letter diagnosing her with PTSD and Depressive Disorder. (See attachment, ICWC RFE 3); • One RFE asked for more evidence of substantial harm of domestic violence where the applicant underwent a 16-year marriage filled with domestic violence that ended when her husband choked and threatened to kill her, and subsequently he committed suicide. (See attachment, ICWC RFE 11); • One RFE asked for more evidence of substantial harm where the applicant was hit several times in the face and head, lost consciousness and suffered a concussion. He included among other evidence, his hospital record. (See attachment, ICWC RFE 4); and • One RFE asked for more specific evidence of substantial harm where the applicant already submitted a police report, her statement, an emergency protective order, and a letter from an experienced domestic violence advocate. (See attachment, ICWC RFE 6).
Posted on: Mon, 21 Jul 2014 09:45:33 +0000