STATE LEGAL RESOURCES
Need a lawyer that is experienced with immigration and false allegations?
Are you in New York, NY or Washington, DC?
Roy Den Hollander, Attorney at Law
email: rdhhh@yahoo.com / phone: 917-687-0652
Website
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Find out how to protect yourself from a wrongful restraining order. Restraining Order 911 offers fathers practical, intelligent advice on how to protect themselves. It teaches readers how to overturn unfair orders with facts and evidence, and how to present themselves in court so that they are taken seriously. Restraining Order 911 is available exclusively through: www.restrainingorder911.com.
Check out the following links for helpful legal resources. While the best resource for legal advice in your case will be a lawyer in your area, some of these links should provide you with a better understanding of your situation.
State Annulment Laws
Immigration Benchbook
For Juvenile and Family Court Judges
American Legal Guide On Recording Telephone Conversations
CA Family Law Case for Immigration Marriage Fraud
CA Judges Guide To Domestic Violence Cases: Immigration and Domestic Violence
Compilation of State Domestic Violence Laws
A Criminal Defense Attorney's View Of The Domestic Violence Industry
Analysis of State Laws
i) Without Restraint: The Use and Abuse of Domestic Restraining Orders (2010, SAVE)
ii) Expanding definitions of Domestic Violence, Vanishing Rule of Law (2010, SAVE)
iii) Perverse Incentives, False Allegations, and Forgotten Children (2010, SAVE)
iv) An Epidemic of Civil Rights Abuses: Ranking of States' Domestic Violence Laws (2010, SAVE)
Judicial Decisions
i) Crespo vs. Crespo: 2008
Ruled the "preponderance of evidence" standard of the New Jersey Domestic Violence Act was unconstitutional because it violates Constitutionally-protected parental rights.
ii) Woods vs. Shewry: 2008
Found that male victims of domestic violence are "similarly situated to women," so California statutes that define only women as domestic violence victims violate equal protection.
Legal Organizations
American Bar Association, Commission Domestic Violence
National Council of Juvenile and Family Court Judges, Family Violence Department
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FEDERAL LEGAL & IMMIGRATION RESOURCES
To report suspected VAWA fraud or immigration fraud,
call 1-866-DHS-2-ICE
VIOLENCE AGAINST WOMEN ACT
i) Text of the Violence Against Women Act, Public Law 109-162
ii) Comparison of the 1994, 2000, and 2005 versions of VAWA
Guarding Against International Parental Child Abduction
i) Child Abduction Prevention
ii) 1980 Hague Convention on the Civil Aspects of International Child Abduction
I-864 Affidavit of Support
The following is taken from a section of the I-864, and directly affects immigration fraud victims:
"Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can becredited with 40 qualifying quarters of work in the United States.Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work. The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.
Comprehensive Immigration Reform Act of 2007
For information specific to Marriage Fraud, see section Chapter 75, Sec. 1547.
JUDICIAL DECISIONS
OCHOA-ARTEGA v. U.S. ATTORNEY GENERAL: 2010
The Attorney General, in turn, has the discretion to adjust the status of an alien VAWA self-petitioner to that of a lawful permanent resident.
Hollander vs. USA, USCIS, & EOIR: 2008
Roy Den Hollander's Lawsuit Challenging VAWA
Hollander's Amended Complaint
Roy Den Hollander's Lawsuit Challenging VAWA, amended with additional plaintiffs
Hollander vs. USA, USCIS, & EOIR: DISMISSED
Roy Den Hollander's Lawsuit Challenging VAWA Dismissed; Currently Under Appeal
Nguyen, Petioner vs. Mukasey, Attorney General
Petition for Review of an Order of the Board of Immigration Appeals
Singh vs. DHS: 2007
Singh's motion to overturn a prior decision to deny his Application for Waiver of Requirement to file joint petition for removal of conditions. From the original decision to this case, a total of 18 years passed!
United States vs. Morrison: 2000
Found VAWA's provision that gave victims of partner violence the right to sue their attackers in federal court is unconstitutional because it exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution
GOVERNMENT CONTACTS
Use the following names, addresses, and the links to your right to assist you in who to contact and who to write letters to. Honestly, they may not be of assistance to you, but if you reach one person that takes an interest in your case, then you will have accomplished something
U.S. Citizenship and Immigration Service
Vermont Service Center
75 Lower Welden St.
Saint Albans, Vermont 05479
1-800-375-5283
USCIS
Office of Fraud Detection and National Security
111 Massachusetts Avenue NW
Washington, DC 20001
USCIS
Eastern Operations Regional Office
Acting Regional Director: J Scott Blackman
70 Kimball Ave
South Burlington, VT 05403-6813
Phone: 802-660-5000
Fax: 802-660-5114
8:OOA - 4:40P (Mon - Fri)
USCIS
Central Operations Regional Office
Regional Director: Evelyn Upchurch
7701 N. Stemmons Freeway
Dallas, TX 75247
Phone: 214-905-5430
Fax: 214-905-5318
8:OOA - 4:30P (Mon - Fri)
US Immigration and Customs Enforcement
866-347-2423
U.S. Senate Committee on the Judiciary Subcommittee
on Immigration, Border Security, and Citizenship
224 Dirksen Senate Office Building
Washington, D.C. 20510
U.S. House Committee on the Judiciary Subcommittee
on Immigration, Citizenship, Refugees, Border Security, and International Law
2138 Rayburn House Office Building
Washington, DC 20515
President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
GOVERNMENT WEB SITES
USCIS
USCIS Office Locator
US Immigration and Customs Enforcement
ICE Office of Investigations
US Department of Justice
Executive Office for Immigration Review
Executive Office for United States Attorneys
US Attorneys Offices
Find Your Senator
Find Your Representative
U.S. Senate Committee on the Judiciary Subcommittee
on Immigration, Refugees and Border Security
U.S. House Committee on the Judiciary Subcommittee
on Immigration, Citizenship, Refugees, Border Security, and International Law
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