Immigration Site

So Ive been with my wife for just over two years. We just recently had a little girl and got married soon after. The reason I married her was to help her get her green card because her student visa expires in June of 2011. As the mother of my child I wanted her to stick around and because I had feelings for her. Everything was fine after we got married we got our own little house in a nice neighborhood in Queens, NY. Then all of a sudden we get into an arguement and she calls the police and tells them that I hit her. I was surprised to get arrested since she had absolutely no injuries. Not even a little scratch. (shes from Japan) I spent the night in jail, then found out that an order of protection was issued not only for her but my daughter too! I cant go nowhere near my own home! Thats when I learned about VAWA but I was going to help her with her papers anyway and I never laid a finger on her except verbally arguing with her. Right now Im so angry I dont want her to get her work permit or GC based on a lie and betrayal. Not to mention that Im in the military and Im no longer allowed to carry a weapon and could be discharged if Im found guilty. So I have a question for anybody out therthat knows anything about that VAWA law. How easy is it for her to get it? Is it true that all they need is a police report and a copy of the order of protection (which doesnt mean Im guilty)? She also has a criminal record for prostitution and possesion of marijuana. Please help with any info. Thanks.

This is some screwed up situation. Although I dont know much about VAWA I would think the spnsoring spouse needed to be found guilty in order to qualify. My advice is to fight it on court and dont take a plea (which can be expensive and time consuming). If you found guilty it goes on to your record and will premanently disqualify you for ever owning a firearms and any job in the future that requires one (based on my understanding). You may also contact her through her lawyer or friend and try to reason her several ways.

Thanks for your advice Mary. Yes I am fighting the case and expect to be found not guilty since she has no injuries, witnesses or proof that I am a violent person. If anybody out there know anything about VAWA please respond.

VAWA is actually not that hard to get. The authorities tend to give the benefit of the doubt to the alleged victims in order to protect the true victims, and crafty women and their lawyers take advantage of this so it has a high level of fraud.

Get a lawyer. Actually TWO lawyers, an immigration lawyer who understands VAWA, and a criminal lawyer.

She also has a criminal record for prostitution and possesion of marijuana. Find out the specifics of those convictions. One of them, or both combined, may disqualify her from the green card, VAWA or otherwise.