The U-Visa Ricochet
A lady from Ecuador has a child with a man from Peru in New York. Mom is a citizen whose cooperation is essential for dad to get his 'green card' and his follow-on citizenship. They have a fight. She leaves and says 'no green card'. He has her arrested and positions himself for a U-Visa. Ricochet!
It's Not Only the News That's Fake.The U.S. is still in a domestic violence hysteria that is characterized by concept-based legislation on the subject. The law casts a broad net against domestically violent people. Dad (6' in height) beats up mom (5' in height) throughout their relationship and she has numerous police reports to back up her bruises. However, one major mistake mom makes when she reports these beatings in police reports is that she does not add a weapon to her complaints.
WeaponsIn today's domestic violence law, the use of weapons is heavily proscribed. Homes are packed with weapons. A pocket knife, a kitchen knife, a hunting knife is a 'knife' for domestic violence purposes. Gasoline for the lawn mower is an available weapon for domestic violence purposes. Baseball bats, auto repair tools, roach spray even the family car is a weapon for domestic violence purposes.
Illegals Are Well Aware of the LawDad learned about the U-Visa from his friends at the work place -- a labor intensive, illegal, cash-only collective that delivers sheet rock to construction sites. After mom threatened 'no green card', dad fabricated a stabbing that caused his neck to bleed. He called police. New York's mandatory arrest policy caused mom to be arrested. Dad specified that the child was next to him asleep when mom stabbed him. Dad ran to family court and filed a petition seeking emergency custody which the family court judge granted. Mom was precluded from seeing her child except under supervision. Dad filed immigration papers applying for a U-Visa and shelter.
Stacked AllegationsSo mom's complaints ricochetted off of dad who got the jump on mom using a weapon and a risk to the child as a basis to win. Federal funding that pays for these policy initiatives flows without stop and mom is up against the state government which demands those funds. The family court curtails her access to her child to soften her up to settle for anything. Mom accepts visitation with custody to dad because the court withheld her access for at least one month. Settlement conferences go on and on to soften mom up further so she will agree to a permanent order of custody to dad.