@survivor p we did with my old lawyer and it wasn’t really an evaluation was just a letter . and the old therapist no longer work there

@survivor p my old lawyer did not send everything I gave I have physical abuse a pic! and I have a threat text of deportation but I’m worry about the evaluation

@survivor p this is what the rfe said ( e filing of this petition requires the self-petitioner to establish that he or she has been battered by or has been the subject of extreme cruelty perpetrated by the U.S. citizen or lawful permanent resident during the qualifying relationship or is the parent of a child who has been battered by or has been the subject of extreme cruelty perpetrated by the citizen or lawful permanent resident during the qualifying relationship. To satisfy this requirement, you submitted a letter from ——— , LCSW. At this time, the evidence is insufficient to establish that you meet this requirement. The letter from Mr. —- states that you received treatment from him. It indicates that you had symptoms of social phobia, depression, and suicidal ideation. It further states that your symptoms began when you discovered your wife was having an affair and was pregnant. It also states that you were a victim of domestic violence, including physical and emotional abuse, alienation, and financial deprivation. USCIS does not discredit Mr. —— findings; however, the letter does not provide any detail related to the alleged physical and emotional abuse, alienation, and financial deprivation. Detail is needed to establish whether the abuse is battery or extreme cruelty for immigration purposes. Though helpful in reviewing the facts, the provided report is evidence of the effect that the alleged incidents had on you but, without additional detail, si given little evidentiary weight to establish that the actions by an alleged abuser in fact constitute battery and/or extreme cruelty. Please submit evidence to show that you or your children have been the subject of battery committed by ——-. Such evidence may include but is not limited to: 1. Reports and affidavits from police, judges, court officiais, medical personnel, counselors, social workers, or other social service agency personnel, or school officials; 2. Evidence that you have sought refuge in. ashelter. for the abused;.. 3. Photographs of your injuries, and affidavits from witnesses, fi possible; and/or 4. As specific and detailed as possible, a statement, in your own words describing the relationship with your abuser. If ti is your claim that your relationship included mental/emotional abuse, you may submit evidence to support this claim. The standard which non-battering abuse must meet is that of extreme cruelty. A finding of extreme cruelty involves the examination of the dynamics of the relationship, the victim's sense of well-being before the abuse, the specific acts during the period of abuse, and the victim's quality of life and ability ot function after the abuse. Extreme cruelty may involve, but is not limited to, acts of intimidation, social isolation and possessiveness. Provide any evidence you believe wil demonstrate that your spouse subjected you to extreme cruelty. Such evidence may include but is not limited to: 1. Police reports; 2. Psychological evaluations or counseling reports; 3. Medical reports; and/or 4. Affidavits from yourself and/or third parties which corroborate your claims. Please note, the affiants may be required to testify before a USCIS Officer.)

@survivor p so main question is ! do I follow my lawyer by saying get a new evaluation ? cuse the new evaluation explains everything! but different doctors and threpy it’s make it worse ? Cuse we planing to send a new evaluation

Sal, I can not give you any advice bc I am not lawyer but from my experience I saw few times people were denied of green card after RFE bc they sent documents with date after RFE. USCIS argued documents are only for this purposes, they are not credible evidence. maybe consult another lawyer. pay just for consultation and listen for an alternative. I don’t think letter from psychologist will be enough. even better one. you need send more evidence

@survivor p I do have more evidences like physical abuse and police report ( calls harassment) witnesses and good moral from friend and family and threat text ! but all the stress me out is the Eva

@Sal 25 its not about race i am from the mea and i got approved you need to narrate everything in order and by dates

@Aka 44 so if I do the new evaluation after the rfe will be a bad idea ?

@Sal 25 when did you file your case?

@sam thomas 2020

@sal 25 you should be fine not all psychiatrist are well versed with immigration so not all will write the evaluation per USCIS regulations, and just like with any doctor you are allowed to seek a second opinion so there shouldn’t be any proble with using a different psychiatrist as long as your lawyers cover letter captures everything.

@blessed & favored god bless you ! so it’s should be fine if I do a better one after the rfe

yes and especially if the about was psychological it’s very hard to prove psychological and emotional abuse without professional evaluations, just make sure this psychiatrist is well versed with immigration evaluations. and have the lawyer add the pictures, text messages and have neighbors or family and friends who may have witnessed the abuse write something to USCIS and have them have their letters notarized otherwise USCIS won’t accept them. all the best!!

@blessed & favored the new evaluation is great and the psychologist is knowing about vawa ! and I added the physical abuse and the threat text and my witnesses ! I told my lawyer about the notarizing she said she is notarizer and i shouldn’t worry about it ! my fear is Cuse I had to many answer ! is the uscis will argue Cuse I did the Eva after the rfe

@ Sal 25 then go with the second psychologist … with USCIS it doesn’t matter when the evidence was done as long as it’s done. don’t be afraid to use a new psychologist just because someone said USCIS doesn’t accept new stuff what happens with medicals ?? when USCIS asks for medicals you get the vaccines that are missing even if you were supposed to get them when you were young. good example is Covid vaccines just because you didn’t get your shots in 2020 and are just getting them in 2024 doesn’t mean USCIS will deny your case, just because you sought help late doesn’t mean the abuse never happened.

@blessed & favored god bless your soul! you made my night better ! I hope it’s go smooth Cuse they gave me 3 months to respond to the rfe that why I did the new Eva

@Sal 25 have your lawyer explain in the cover letter why you went with a different psychiatrist that should clear up any questions or doubt USCIS should have, the other thing is make sure your new lawyer has handled vawa cases before, it’s very tricky and needs a lawyer with plenty of vawa experience, ask them if they’ve handled vawa cases before if not, i suggest find another lawyer with vawa experience. remember this is your life, but for the lawyers you’re just another check.

@blessed & favored I did ask her and she seems she knew what she’s doing Cuse she sent to a specific therapist! and she did the police report ( call harassment ) ans she said she got too many ppl approve

@blessed & favored but could a lawyer be a notarizer ? Cuse that what she said

@Sal 25 yes most attorneys are notaries

@blessed & favored I appreciate you! I have 3-4 witnesses wrote a letter for me . so my lawyer will notarize them for me they don’t have to go to court is that right ( I’m sorry for my a lot questions)

@Sal 25 I was also in the same situation but different reasons. they want to know the details of your abuse and the you have already provided the consequences of those abuse. you can provide the details of abuse with all the evidence. please make sure you are not even once contradicting yourself. check from the first file you send for vawa to till date. make sure all the details and dates are correct and say with confidence. I am sure you will clear this rfe and will be on path of green card.

@bobby garlic yes I do have everything done ! but if I send a new evaluation after that I did after rfe would be fine ? they won’t argue because I did it after rfe

@Sal 25 from what I’ve read from the RFE USCIS is basically telling you whatever you provided to show proof isn’t sufficient so you need to get another eval from a psychologist who knows how to write vawa immigration evaluations then and only then will USCIS even consider the abuse happened then proceed to approve your case if you don’t they’ll definitely deny it remember the burden of proof falls on you not on USCIS you have to show them beyond reasonable doubt that this happened to you and if that means changing to a new psychologist then by all means do so. if you don’t provide them what they are asking for they’ll definitely deny your vawa, don’t let it get to that point.

@Sal 25 I’ve never heard USCIS call those witnesses unless you get to immigration court and they’ll be called for the defense not for the prosecution since they were your witnesses. remember for anyone to naturist they have to sign infor t of the person notarizing and show ID, have your friend either go to their. and which is free to notarize or go to some UPS stores have notaries too. but whoever wrote the letter has to sign the letter in front of the notary and provide proof they are who they say they are so government issued picture ID. make sure whoever writes these letters doesn’t have a record of any sorts otherwise it will raise a red flag and USCIS may call them or they may have written immigration letters before, if USC even better. just do your due diligence to avoid USCIS having to call them to verify the story and make sure they retain a copy of what they send, if called and they change their story that could impact your case.

@blessed & favored but since my lawyer is the notarizer they can go to her right ?

I think you need to find the person who did the letter or if it was with a company, they must check his letter and report and to a new evaluation explaining all the facts. You have to do a new statement explaining everything from the time you knew your abuser, how did you know the abuser until the wedding and else. You need affidavits from friends and family who can attest that you was living with the abuser and you have been abused by giving more details about it. All the affidavits must be notarized and they have to give a copy of their ID or passport and state their country of birth in the statement. if you can get more affidavits like that you will be fine. You really need to work hard on your case.

@Sal 25 which month in 2020 ?

@sam thomas I think may

@Sal 25 sorry just saw your comment no its not a big deal about the phsycatric because when i submit my case i submit it with phsycatric and the request rfe for more declaration on what happens so dont panic , just narrate everything related to the abuse include physical , Sexual , Mental , financial control , start from the beginning by dates since when you date your xwife engagement wedding etc

@Aka 44 did you have the same rfe

yes exactly the same

@Aka 44 did you get approve ?

yes

@Sal 25 in fact it's a good things that you have a fine tuned evaluation. see the officer cares about documents and the good quality any documents is the better it is for the officer to approve. if not he will be chewed by his directors of that office. that's what one of the lawyers told me. they are giving you 90 days for a reason so you can answer to all their concerns in rfe so that gives officer more incentive to approve your case. you will be fine trust me @Sal 25

@Aka 44 if you don’t mine did how was your response! cuse I’m responding with a better evaluation with details and some witnesses

@bobby garlic I appreciate your sweet words! so if u respond with a good new evaluation even tho I did after the rfe I should be fine

@Sal 25 only condition is that you are not contradicting yourself and if you loose credibility with uscis, it will be challenging to make them believe. I had the same issue making them believe me. you will be fine.

and since you are providing good quality documents, it will make the officer life easy to approve you. think in that perspective like how to make officer life easy.

@bobby garlic thank you sm ! my response will be with 4 witnesses letters ! and 10 good morals ! and the new evaluation with good details! and police report ( calls harassment) and pic of injured Cused by the abuse