False Accusations of Domestic Violence
Do current immigration laws in the United States encourage one spouse to falsely accuse the other spouse of domestic violence? This became an important question in a recent case of mine in which my client, who was a permanent legal resident of the United States, was accused by his wife of domestic battery.
My client and his wife were going through a divorce, and she was living in the U.S. illegally. My client maintained that she was falsely accusing him of domestic battery so that she could become a legal resident of the United States. With that thought in mind, I began researching the relationship between U.S. immigration laws and domestic violence. What I discovered was eye opening.
Federal law provides that battered spouses may petition the Attorney General for legal residency in the United States. Moreover, if the battered spouse is divorced from the abusive spouse after filing the petition, the fact that a divorce occurred is not supposed to affect the approval of the petition.
Federal law also provides for the issuance of what are called "U visas." The purpose of this visa is to give victims of domestic violence temporary legal status and work eligibility in the United States for up to 4 years. An application for the U visa is filed with Form I-918. According to section 1.D. of Form I-918, "[a] Federal, State or local government official investigating or prosecuting a qualifying criminal activity [such as domestic violence] certifies . . . that you have been, you are being or you are likely to be helpful to the official in the investigation or prosecution of the criminal act of which you are a victim." In other words, it is not enough for one spouse to simply accuse the other spouse of domestic violence; the complaining spouse must actually file a formal complaint with the prosecuting authorities in order to potentially qualify for a U visa.
Because federal law can provide a powerful motive for a spouse who is living illegally in the United States to falsely accuse the other spouse of domestic violence, it is essential to thoroughly explore that motive in cases of domestic battery.
The sad part of this and the truth of the matter is the immigrant is showered with agency to assist them, especially with legal aid. I am trying to help my son, who is also falsely accused, but we have to use a overworked and underpaid public defender because I can't come up with the initial $22,000 for an attorney.
Congress did the American people an injustice with the U-Visa, which is nothing more than a golden carrot, THE pot of gold, the temptation of temptations. The immigrants can and will use cleverly thought out situations with only that golden carrot in mind, in turn anyone of us could be defending ourselves against decades in prison. We, as the American public, should write to our Congressman and object to the U-Visa and voice that we,as American citizens, need to be able to vote on any and all such crutial issues. This nonsense needs to stop!
False accusations…Why not? Do YOU care?
Martha was physically abused by her Mexican husband for 17 years. In 2002 they moved to the US and in 2005 she got him arrested for Domestic Violence and filed for a Temporary Protective Order which was granted for a period of 1 year.
Her husband filed for divorce and Martha hired a lawyer to help her.
When I met Martha in October 2005 she told me that she was a Domestic Violence Victim and I wanted to help. I never imagined she would end up accusing me of the same. I offered her and her 3 sons to stay in my house.
I remember that on our first date Martha said that she is like play-dough, meaning that she can adapt herself to any husband. I thought that was a strange comment and I asked her to just be herself. For three years she pretended to be the perfect wife. She talked to me for hours, she cooked, she slept with me, she told me she wanted to be my wife. She made me believe and I gave her so much because I trusted her and I wanted to believe.
In august 2008 she asked (begged) me to marry her because she was out of legal status in the US and wanted to become legal and needed to see her son in Mexico. Again I wanted to help and I agreed. On Aug. 27 – 2008 Martha and I got married.
As soon as we got married things drastically changed. The day we got married she knew she didn’t need me any more. She had this plan in her head for a long time and now was the time to execute it.
There is a law in this country called Violence Against Women Act (VAWA). Under this law a woman can simply claim that she is a domestic violence victim and she gets all the help she needs: Housing, Legal, Psychological, Medical, Employment and Immigration papers to stay in this country…
She didn't care how much she would hurt me. She didn't care how much she would hurt her own family, her sister, her nephews and her brother-in-law.
It became clear to me that something was totally wrong with our marriage. Martha threatened me to “leave me a present” meaning “send me to jail”. I thought she was under a lot of stress and again I felt pity. On Oct. 5 – 2008 I filed for immigration for her and on Nov. 9 – 2008 for her 2 children.
I realized the situation was becoming very unhealthy. On Sunday Nov. 30 2008 Martha informed me that she married me only for the purpose of gaining Immigration Benefits. On Monday Dec. 1 2008 – for the above reason - I filed the Divorce Petition.
I thought filing for divorce was the right thing to do. I had no idea that it would turn into my worst nightmare. She had this plan in her head for a long time and now was the time to execute it.
I remember how from one day to another she turned from what I thought was my lover, to my worst enemy.
I remember how she went to the police, then called the police from my house, how she acted as a victim, how the police told her not to call them anymore. How she found a VAWA agent so she could get VAWA benefits and immigration services, all paid for by the federal government – or rather, by us.
I remember how after a couple of weeks in the shelter she filed for a temporary protective order which was full of lies.
I remember that after a couple of minutes of her telling her lies the judge got tired of listening and dismissed the petition. He knew of course she was lying.
I remember how a policeman asked her to return the car keys and I got them back.
I remember that just a few days later the same judge granted me the divorce without even asking any questions, like he knew about everything, the lying, the cheating, the manipulations, the false accusations. That she is manipulating the system to get VAWA benefits: Housing, Legal, Psychological, Medical, Employment and Immigration papers to stay in this country…
She can get all that by simply claiming that she is a domestic violence victim… and because I am a US citizen.
Can you believe it?
Why should she not make false accusation against me? It is a crime, you know, but nobody would care.
Do YOU care?
The Bills that Congress pass are passed without the consideration of the United States citizen/tax payer. Congress simply appease the squeaky wheel that just doesn't ever seem to get oiled. Each time the Congress passes an immigration bill it produces more paper work and in turn slows the system down, then the Immigration Activist scream that they want even more and complain it isn't fast enough. Whose country is this anyway? The immigrants have their own country, yet Congress will disregard the American people and where those tax dollars come from to appease the immigration groups. Not only does false accusations blindsight those that don't know what happen to them and most haven't a clue of the motive behind the accusation, but the falsely accused will have been raped of their name and reputation for the rest of their lives. It is mearly an exchange of one man's freedom for another, thanks to Congress! WHO CARES? I DO! ...AND ALL AMERICANS SHOULD!!!! We need to SQUEAK LOUDER!
I live in Pennsylvania and false PFA are filed on a regular basis. Usually
filed by a woman to make some kind of gain like in child custody.
There is little penalty for doing such a criminal act. The states should
make filing a false PFA a felony since the intent is to cause some kind
of damage to the accused.
same thing hapened to me.married agirl on expired visa after she got pregnant.the relationship was doomed from the start,we had the baby.little beverly,i was instantly hooked.i was primary care giver for my child,spending 50-60 hours a week with her.my wife even left me with her for 8 day while she went to new york.we split up,she moved out,3 weeks later,all the false charges were delivered by the sarasota sheriff.she even went as far as to say i dug a hole in the back yard shaped for a body.she said i broke things which are not and i have pictures of them.she lied and cried with help from SPARCC,battered womens shelter and the judge bought it.i havnt seen my baby in 3 months...help my child not to be brought up solely by this manipulative liar.