My wife filed for VAWA but there is a fraud report against her at my local uscis where I directly spoke to an officer by phone and email who told me that they will have her deported for immigration fraud. My question is whether the vawa could be approved from her from Virginia (the location center?) not knowing the current situation of my wife at my local uscis? How updated is the vawa center and I am just wondering if due to late updates my wife gets a quick approval by the vawa officers while my local uscis is in the process of investigation? Or is it all one system and whatever the local uscis officer does (who spoke to me) is seen by the vawa officers in virginia? obviously, i don't want that crook to get away.
The only thing she has is the attempt (the temporary restraining order) form in her hand, which later got dismissed by her when I got another one against her, so when the judge asked us if we agree to a mutual restraining order, we both said no. Not sure if a TRO is a valid ground for VAWA when it was dismissed by both of us. Does vawa look into TROs or do they care only about the permanent ones? Her complaints were all false, so she has nothing besides the dismissed TRO to show for. After reading about vawa requirements, I felt as if it was very easy for any crook to apply to where the approval simply relies on restraining orders. Do you think the statement of my local FDNS officer means something since he called to personally say that they will get her deported? Would you say that the USCIS has already basically 'made up its mind' in regard to her even before she applied for vawa? The phone call I got happened prior to her vawa petition. Thanks for any useful input to this situation.
file is the same and is kept in the USCIS record center.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.