Ummto4 Posted May 17, 2012 Share Posted May 17, 2012 I need your help for a woman who is a friend of my friend. This woman, an Asian, is being abused by her US citizen husband. Briefly, this woman used to live in Japan for 17 years and has one half-Japanese son. After divorcing her first husband, she met (in Japan) an American, got married, and was invited to live in Florida. They then have two children together (one toddler, one baby). Now the hubby is jobless and abusive (mentally abusive, not physically). He leaves home on and off (btw, their home in Fl is actually hubby's parent's home). Now, he kicks her out of the house but she stays put. All of her neighbors know about her and have helped her w/ phone, internet, groceries, etc. They're on welfare as well. A friend has also taken her to the police, legal aid, and shelter - but basically they can't really help her (waiting list in the shelter, police can't do anything, legal aid is slow to respond). Her friend offers her home, but she can't bring baby and toddler w/ her because her friend's home is not big. Plus, she won't be able to work w/ baby and toddler around. She's considering another option: go back to Japan, leaving her toddler and baby behind (so she'll only bring her Japanese son). Another option, go back to her home country, bringing everybody (because her US children have dual nationality w/ her home country, but not JApan). But then, she'll be charged w/kidnapping, right ? She can't see how she can stay in the US alone w/ baby, tot and Japanese son. She doesn't have a green card yet, but in abusive situation, she'll be getting one although she's divorced. But I don't know how she's going to find job w/o a greencard (unless USCIS grants her a work permit - but work permit will only be granted during the greencard processing. Right now, she's not yet get the greencard processed). What should she do now ? Quote Link to comment Share on other sites More sharing options...
tntgoodwin Posted May 17, 2012 Share Posted May 17, 2012 I think she needs a lawyer. Quote Link to comment Share on other sites More sharing options...
umsami Posted May 17, 2012 Share Posted May 17, 2012 Hi Mom2Moon2: She should call at minimum the National Domestic Abuse Hotline and speak with somebody for advice. Have her call from your house or an outside line. Do not use her home phone or cell phone. She can try blocking her home number, but it's safer from outside. 1−800−799−SAFE(7233) She's can also call the Asian Women's Domestic Violence line in NY. They speak a multitude of languages and will help. Even though she's in FL, they're a good place to start. 1-888-888-7702 Here's a place in South Florida which might be able to help as well. http://www.saharafl.org/ She does not have to give up her American born children for help. There are many lawyers who work pro bono with shelters who will help her. Tell her there is hope. :) There are a bunch of organizations out there who help minorities with their unique DV situations. Here's a good list. If she wants to go online to research things, advise her to use a free computer at the library as abusers often track their victim's computer habits. http://www.nyawc.org/info/resources.html I will be praying for her safety. Thank you for being such a good friend. Quote Link to comment Share on other sites More sharing options...
Ummto4 Posted May 17, 2012 Author Share Posted May 17, 2012 Where can she get a probono greencard lawyer ? A friend ofmine said that legal aid people couldn't really help her (or not fast enough). Quote Link to comment Share on other sites More sharing options...
umsami Posted May 17, 2012 Share Posted May 17, 2012 Where can she get a probono greencard lawyer ? A friend ofmine said that legal aid people couldn't really help her (or not fast enough). The DV shelters that are used to dealing with minorities will probably know of somebody. It's not a unique situation. Abusers often take advantage of somebody's immigration status to keep them from getting help. They know the judges and they know the people to go to in these situations. Quote Link to comment Share on other sites More sharing options...
umsami Posted May 17, 2012 Share Posted May 17, 2012 This page might help as well. :) http://www.womenslaw.org/laws_state_type.php?statelaw_name=Immigration&state_code=US Quote Link to comment Share on other sites More sharing options...
jennynd Posted May 17, 2012 Share Posted May 17, 2012 (edited) If she didn't even have GC in procee yet. She kinda stucked but have no choice but to go back. If I were her, ( I am a Asian marry a US also) I take take all the kids back to Japan, and let international lawyer to fight for it. She will have her country behind her rather than here by herself . Now, here is the tricky part. If her kids don't have passport yet. It will be impossible for them to get it now because underage kids passport need to be applied with BOTH parents show up infront of the office and sign paper together.. (I didn't see that they are dual citizen, not clear what is the rule for japan to get passport) The other thing to consider if she can find a Japaneses community locally to help her. They should be able to provide a lawyer. Or find Japaneses Embassy and see if there is anything they can do. Edited May 17, 2012 by jennynd Quote Link to comment Share on other sites More sharing options...
Canadianmumof5 Posted May 17, 2012 Share Posted May 17, 2012 I think she needs a lawyer. :iagree: Quote Link to comment Share on other sites More sharing options...
umsami Posted May 17, 2012 Share Posted May 17, 2012 She should not leave her American born kids with her abusive spouse. He might take it out on them. She could also contact the Japanese Embassy for advice. They might be able to help. She could travel with her kids on Japanese passports as they are dual citizens--but she would probably not be able to return here. Japan would be unlikely to return the kids to her husband--at least they haven't in the past....but honestly, I'd still want to document the DV and try and do things as legal as possible. http://travel.state.gov/abduction/country/country_501.html Quote Link to comment Share on other sites More sharing options...
Ummto4 Posted May 17, 2012 Author Share Posted May 17, 2012 She should not leave her American born kids with her abusive spouse. He might take it out on them. She could also contact the Japanese Embassy for advice. They might be able to help. She could travel with her kids on Japanese passports as they are dual citizens--but she would probably not be able to return here. Japan would be unlikely to return the kids to her husband--at least they haven't in the past....but honestly, I'd still want to document the DV and try and do things as legal as possible. http://travel.state.gov/abduction/country/country_501.html Problem is: she's not a japanese. Her children is dual nationality of US and her home country. So the only place she can go w/ ALL of her children is her home country. But, she's been leaving her home country for a long time - and her prospect for job is better in Japan. But, she can't bring her US citizen kiddos to Japan because they're not Japanese. I'll urge my friend to get this woman's greencard processed ASAP. She needs a work permit to get a legal job and access to welfare should she need one. Quote Link to comment Share on other sites More sharing options...
Tiramisu Posted May 17, 2012 Share Posted May 17, 2012 I need your help for a woman who is a friend of my friend. This woman, an Asian, is being abused by her US citizen husband. Briefly, this woman used to live in Japan for 17 years and has one half-Japanese son. After divorcing her first husband, she met (in Japan) an American, got married, and was invited to live in Florida. They then have two children together (one toddler, one baby). Now the hubby is jobless and abusive (mentally abusive, not physically). He leaves home on and off (btw, their home in Fl is actually hubby's parent's home). Now, he kicks her out of the house but she stays put. All of her neighbors know about her and have helped her w/ phone, internet, groceries, etc. They're on welfare as well. A friend has also taken her to the police, legal aid, and shelter - but basically they can't really help her (waiting list in the shelter, police can't do anything, legal aid is slow to respond). Her friend offers her home, but she can't bring baby and toddler w/ her because her friend's home is not big. Plus, she won't be able to work w/ baby and toddler around. She's considering another option: go back to Japan, leaving her toddler and baby behind (so she'll only bring her Japanese son). Another option, go back to her home country, bringing everybody (because her US children have dual nationality w/ her home country, but not JApan). But then, she'll be charged w/kidnapping, right ? She can't see how she can stay in the US alone w/ baby, tot and Japanese son. She doesn't have a green card yet, but in abusive situation, she'll be getting one although she's divorced. But I don't know how she's going to find job w/o a greencard (unless USCIS grants her a work permit - but work permit will only be granted during the greencard processing. Right now, she's not yet get the greencard processed). What should she do now ? She is thinking of going back to Japan but will she have a legal right to stay there if she's not Japanese? Did she get permanent residency in Japan? How could she leave her other children here with an abusive husband? I think this is the worst choice. I'm curious as to why she doesn't have a green card yet, only because my dh had one on his arrival here, but we did do all the work involved ahead of time while we were in Japan. Maybe he husband didn't help her with that in Japan before they came here. If she would have means of support in her own country and a family to help her, that seems a good choice as long as she could cover her bases legally, which shouldn't be too hard if she can prove the abuse and that her husband hasn't been supporting her and the children. However, it would be terrible to cut the children's ties with their father if he could get help and turn his life around. Is there a church group that could help your friend and her children, and even help the husband with his problems? Quote Link to comment Share on other sites More sharing options...
Ummto4 Posted May 17, 2012 Author Share Posted May 17, 2012 Pm'ed you Thanks Quote Link to comment Share on other sites More sharing options...
garddwr Posted May 17, 2012 Share Posted May 17, 2012 I think she needs a lawyer who specifically deals with immigration and family law. Quote Link to comment Share on other sites More sharing options...
ChristineW Posted May 17, 2012 Share Posted May 17, 2012 I think she needs a lawyer who specifically deals with immigration and family law. Absolutely. There are special VAWA visas for women in her situation. She needs to see an immigration lawyer ASAP. Quote Link to comment Share on other sites More sharing options...
Little Nyssa Posted May 17, 2012 Share Posted May 17, 2012 I was able to find a pro bono immigration lawyer for a friend, just by calling a local immigration law firm and asking if they took pro bono cases. They interviewed her & decided to take on her case, and won it for her. Quote Link to comment Share on other sites More sharing options...
Ummto4 Posted May 17, 2012 Author Share Posted May 17, 2012 Thanks, I give all suggestion and important websites to my friend so she can help the abused lady. Quote Link to comment Share on other sites More sharing options...
Punchie Posted May 17, 2012 Share Posted May 17, 2012 She should look into VAWA laws. Honestly, I would skip the lawyer initially and schedule an appointment at the closest field/district office for immigration. They have procedures set up for abused spouses. Quote Link to comment Share on other sites More sharing options...
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