Nasty scratches and a green card
Mr. Dee explained to me that his wife was a large, heavyset African-American lady from the Caribbean and that fighting back would have been an exercise in futility due to their height and weight differences
Daily TribuneMr. Dee explained to me that his wife was a large, heavyset African-American lady from the Caribbean and that fighting back would have been an exercise in futility due to their height and weight differences
"Yes, Attorney, she punched me on the shoulder and scratched my neck over and over like a crazy cat, then pushed me hard against the bathroom door, causing my head to hit the door frame," narrated Mr. Eddie D. Dee (not his real name), a former client of mine from the East Coast. He was at my office several years ago seeking advice about his immigration situation.
"And I had to see a doctor afterward to treat the nasty scratches," he added glumly.
"Did you report the incident to the police?" I asked.
"Yes, Attorney. In fact, she was arrested the same day and charged with, uh, misdemeanor battery, I think. She actually spent four days in jail and also got two years of probation."
"That bad, huh?" I said, shaking my head in disbelief. "By the way, why didn't you try to defend yourself? Or hit back in self-defense?"
I had to ask the question because this was the first time I encountered a case in which a male client was physically abused by the wife and not vice versa.
Mr. Dee explained to me that his wife was a large, heavyset African-American lady from the Caribbean and that fighting back would have been an exercise in futility due to their height and weight differences (he was a relatively short Asian male of lean physique). He also said the abuse started a few years earlier, accompanied by verbal slurs and episodes of home detainment.
He had already divorced the lady, Mr. Dee added, explaining that although he was previously petitioned by the ex-wife (who was a naturalized US citizen), his green card application was denied due to a technicality (for being an overstaying crewman).
Options
"Do I have any other options, Attorney?" Mr. Dee asked afterward. "The other lawyer I talked to said the only option was to go back to the Philippines and apply for an immigrant visa at the US Embassy in Manila."
There was a brief pause as I pondered the question. "Actually, if we can prove that you were a victim of spousal abuse, then we can file a self-petition under the VAWA law," I explained.
"VAWA means Violence Against Women Act. Although the law's title specifically refers to women, I believe it applies to abused men, as well. Once the petition is approved, you can apply directly for a green card here in the US," I told him.
"Are you sure, Attorney? I don't know why the other lawyer didn't mention this to me."
"Well," I said, "the other lawyer might have assumed your being a male kept you out of the VAWA coverage, or that your prior crewman's entry barred you from getting a green card here in the US. But in fairness to the other lawyer, those are gray areas of the law that are prone to misinterpretations."
Self-petition
We concluded the meeting by agreeing to file a self-petition and green card application as soon as possible, which we did after a few weeks.
Six months later, he was called for an in-person interview at the local USCIS office. Not unexpectedly, the USCIS officer who conducted the interview did not approve the case on the spot due to its unusual circumstances.
In fact, we had to submit a post-interview memorandum explaining why Mr. Dee should qualify under VAWA despite his not being a woman and his prior crewman's entry.
In the end, the USCIS accepted our arguments and approved Mr. Dee's green card application.
But not before we submitted a full-body picture of the couple showing their size discrepancy to justify the "abused husband" allegation.