VAWA Self Petition (I-360) Cover Letter w Good Moral Character Problem - Example
ATTN: VAWA OFFICE
VIA CERTIFIED MAIL
DATE
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Vermont Service Center
ATTN: VAWA OFFICE
75 Lower Welden Street
St. Albans, VT 05479-9400
Re: I-360 Self-Petition for Classification as the Abused Spouse of a US
Citizen
Dear Sir or Madam:
Enclosed, please find Ms. Doe’s I-360 Self-Petition for classification as the
spouse of an abusive United States Citizen under the Violence Against Women Act
(VAWA). See INA § 204(a)(1)(A)(iii). The following documents are included in
support of Ms. Doe’s Petition:
I-360 Self-Petition:
• Form G-28 Notice of Entry of Appearance as Attorney
• Form I-360 Self-Petition and supporting evidence (Exhibits 1-25)
Ms. Doe qualifies as the battered spouse of a United States citizen as
demonstrated by evidence of (1) Ms. Doe’s identity and status as a citizen of Honduras;
(2) the status of her husband, John Doe, as a United States legal permanent resident; (3)
the couple’s good faith marriage; (4) Ms. Doe’s shared residence with Mr. Doe; (5) the
physical and emotional abuse inflicted upon Ms. Doe by Mr. Doe; and (6) Ms. Doe’s
good moral character. INA § 204(a)(1)(A)(iii).
Ms. Doe submits the following evidence in support of her I-360 Self-Petition
under the Violence Against Women Act:
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I-360 Self-Petition and I-765 Application
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1. Evidence of Petitioner’s Identity and Status
Exhibit 1 Declaration of Jane Doe
Exhibit 2 Copy of Ms. Doe’s Expired Passport
Exhibit 3 Copy of Ms. Doe’s Identification Card, issued by the
State of Virginia
Exhibit 4 Copy of Ms. Doe’s birth certificate with translation
Exhibit 5 Copies of birth certificates of Ms. Doe’s three children in
Honduras and translations
Please note: We are requesting that Ms. Doe’s children be
included as derivatives on her application.
Ms. Doe was born on July XXX in Honduras and is currently living in the
United States.
2. Evidence of Legal Permanent Resident Status of Abuser, John Doe:
Exhibit 6 Copy of Permanent Resident card
Exhibit 7 Copy of Social Security Card
See also Declaration of Ms. Doe, especially ¶ 5 .
Mr. Doe, a native of El Salvador, is a legal permanent resident of the United
States.
3. Evidence of Petitioner’s Good Faith Marriage:
Exhibit 8 Copy of Commonwealth of Virginia Marriage Certificate and of
Ms. Doe and Mr. Doe, issued in Springfield, Virginia, on July 8,
YEAR. Copy of Commonwealth of Virginia Marriage License
Official Receipt issued by the Arlington Circuit Court on July 7,
YEAR.
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Exhibit 9 Copy of Birth Certificate of Baby Doe, daughter of Ms. Doe and
Mr. Doe, born October 12, YEAR, issued by the Commonwealth
of Virginia Department of Health, Division of Vital Records.
Exhibit 10 Copy of photo of Ms. Doe, Mr. Doe, and their daughter, Baby.
Exhibit 11 Copy of Receipt for $175 from Bankers Insurance Company,
paid by Ms. Doe for Mr. Doe’s release. Copy of Contingency
Promissory Note and Indemnity Agreement with Bankers
Insurance to secure Mr. Doe’s release.
See also Exhibit 1, Declaration of Ms. Doe, especially ¶¶ 5- 16.
Ms. Doe entered into her marriage with Mr. Doe in good faith. Ms. Doe married
Mr. Doe on July 8, YEAR, in Springfield, Virginia, after a year of courtship. The
couple had a child together. Photographs document the family’s life together.
4. Evidence of Petitioner’s and Abuser’s Shared Residence
Exhibit 12 Copy of Ms. Doe’s YEAR W-2 Statement from Taco Bell (with
the address: Springfield, VA).
Exhibit 13 Copy of Mr. Doe’s YEAR W-2 Statement from Davis Industries,
Inc. (with the same address as Ms. Doe: Springfield, VA)
Exhibit 14 Copy of Ms. Doe’s YEAR W-2 Statement from Peme Industries,
Inc. (with the address: Springfield, VA )
Exhibit 15 Copy of Mr. Doe’s YEAR W-2 Statement from Program &
Constr. Mgmg. Grp. (with the same address as Ms. Doe:
Springfield, VA)
Exhibit 16 YEAR Virginia Resident Income Tax Return for Ms. Doe and
Mr. Doe, who filed as “married, filing separately” while residing
at the address.
Exhibit 18 YEAR Federal Income Tax Return for Ms. Doe and Mr. Doe,
who filed jointly while residing at the address.
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See also Exhibit 1, Declaration of Ms. Doe, especially ¶ 10, 26, 30, 36.
Ms. Doe shared a number of residences with her husband, Mr. Doe. As the
evidence shows, the two lived together over a period of years and submitted joint
income taxes. Exhibits 12-18 indicate that Ms. Doe and Mr. Doe lived together at
Springfield, VA and Springfield, VA.
5. Evidence of Domestic Abuse Suffered by the Petitioner
Exhibit 19 Copy of Emergency Protective Order of 01/10/2000.
Exhibit 20 Report from Center for Multicultural Human Services counselor,
Delia Morales, on Ms. Doe’s mental health counseling.
Exhibit 21 Letter of Support of co-worker and friend.
See also, Exhibit 1, Declaration of Ms. Doe, especially ¶¶ 17-37.
Abuse includes not only physical harm but also “extreme cruelty,” which is “any
act or threatened act of violence…which results or threatens to result in physical or
mental injury.” 8 C.F.R. 204.2(c)(1)(vi). Acts of violence include “[p]sychological or
sexual abuse or exploitation,” as well as “[o]ther abusive actions…that, in and of
themselves, may not appear violent but that are a part of an overall pattern of violence.”
8 C.F.R. 204.2(c)(1)(vi).
Ms. Doe suffered physical and emotional abuse at the hands of her permanent
resident husband, Mr. Doe. In her declaration, Ms. Doe describes how Mr. Doe and his
family physically and emotionally abused her on a regular basis. Ms. Doe describes
how Mr. Doe physically abused her on occasion, and she was so afraid of him that she
contacted law enforcement.
Mr. Doe also failed to provide for Ms. Doe and Baby, and often they were
homeless, having to rely on the kindness of friends. When he left to visit El Salvador,
he left her with his brother and sister, with very little money. He stayed longer than
expected, and Ms. Doe did not have any money to support herself and her daughter. He
left her to rely upon his family who did not care for her and stole from her and treated
her like a slave. He also did not believe her when she said that his brother had hit her,
and he made her drop the charges against him.
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Mr. Doe was also emotionally abusive. He was possessive and controlling and
prevented her from communicating with her family and friends. He became jealous
easily, and he often fought with Ms. Doe. He did not defend her from his family,
though they were also physically and emotionally abusive.
Mr. Doe’s family also abused her physically and emotionally. In addition to
insulting her and making her do chores for them, they constantly encouraged Mr. Doe to
leave her and take their daughter Baby with him. When she lived with them, they often
threatened to kick her out of the house if she did not cook and clean for them.
Additionally, Mr. Doe’s brother was arrested for pushing and hitting Ms. Doe, and Mr.
Doe’s two sisters threatened violence against her: one of his sisters tried to hit her, and
the other physically fought with her while Mr. Doe watched and refused to intervene.
Thus, Ms. Doe suffered years of physical and emotional abuse at the hands of
her husband and his family. In addition to his own abuse, Mr. Doe allowed his family
to abuse her and refused to interfere or protect her.
6. Evidence of Petitioner’s Good Moral Character
Exhibit 22 Alexandria, Virginia, Criminal History Record Information
Request for Ms. Doe
Exhibit 23 Letter of Support from friend, with translation
Exhibit 24 Letter from Jane Doe regarding attempts to obtain the court
disposition from Alexandria District Court
Exhibit 25 Letter from Hanan Idilbi regarding attempts to obtain the court
disposition from Alexandria District Court
See also Exhibit 1, Affidavit of Ms. Doe, especially ¶¶ 41-47; Exhibit 20, and Report
from Delia Morales.
Ms. Doe was in economic distress after her separation from her husband. She
was out shopping with a friend who tried to sneak some items out of the store using Ms.
Doe’s stroller and her daughter’s bag. However, they were caught and Ms. Doe pled
guilty to petit larceny and served 40 hours of community service. This incident
occurred over four years ago and does not fall within the three year period that an
adjudicating officer must consider when evaluating good moral character. Additionally,
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she does not fit into any of the categories of INA § 101(f) which demonstrate a lack of
good moral character. Even though larceny is considered a crime involving moral
turpitude, Ms. Doe qualifies for the petty offense exception to crimes involving moral
turpitude and her crime is not an aggravated felony. Additionally, her crime is not an
aggravated felony.
While courts have found that crimes of theft or larceny are crimes involving
moral turpitude, the INA allows a petty offense exception for a noncitizen who was
convicted of a crime which carries a maximum penalty of one year in prison and where
the noncitizen was not sentenced to more than six months imprisonment, regardless of
the time actually served. INA § 212(a)(2)(A)(ii)(II). Petit larceny is a Class One
misdemeanor in Virginia. Va. Code Ann. § 18.2-96. Class One misdemeanors in
Virginia are punishable by not more than twelve months of confinement in jail. Va.
Code Ann. § 18.2-11. Ms. Doe was sentenced to classes and community service, and
her crime is not punishable by more than one year in prison. Thus, she qualifies for the
petty theft exception to crimes involving moral.
Additionally, petit larceny is not an aggravated felony. A theft offense for
which the term of imprisonment is at least one year is an aggravated felony, however,
Ms. Doe’s offense carried at most one year of imprisonment. INA § 101(a)(43)(G); Va.
Code. Ann. § 18.2-11.
Thus, Ms. Doe’s conviction does not prevent her from showing good moral
character. Ms. Doe has only wanted to provide a good life for her children. They are
her priority and she wishes to be able to support them. She had never committed a
crime in Honduras, and she has not done anything like it since then. She only wants to
live a quiet happy life with her children.
* * *
As the attached documents demonstrate, Ms. Doe is a person of good moral
character who committed an infraction only when she was under severe economic and
emotional distress. She has been an upstanding resident of the community since then,
and she is most concerned with caring and providing for her two children. Ms. Doe
married Mr. Doe, a legal permanent resident, in good faith, in hopes of building a life
together with their daughter. Instead, she was subjected to constant physical and
emotional abuse. After several years of suffering this violence and cruelty, Ms. Doe is
working to build a life for herself and her children, free from the fear of Mr. Doe’s
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attacks and abuse. Therefore, she seeks approval of her petition for classification as the
battered spouse of a legal permanent resident.
Thank you for your consideration. Should you have any questions please do not
hesitate to contact me.
Sincerely,
Attorney Name
