ImmigrationFraudVictims

I need to send out a warning to those on the board about a problem with passports: getting OURS renewed.

A cliff note version of my story: Engaged, married, found out wife had lied to me about a bunch of stuff, confronted her, I was attacked, put her in mental hospital, she got discharged to shelter, she got restraining order ex parte, it was quashed at first chance, my restraining order against her remained.

Fast forward...I worked with biological Dad of my stepson overseas (she used him to get from Eastern Europe to Western Europe and me to get to America) to have the boy taken from her, that worked, she got another restraining order in revenge based on fiction, it was quashed at first hearing...

She's still in the States, married another guy who...you got it...now has a restraining order against her. But before that he gave her the sperm for an anchor baby.

Anyway...two restraining orders, both dismissed.

I try to renew my passport. Guess what folks...

If your ex gets to stay on a VAWA visa you WILL NOT be able to get to renew your passport until you've been cleared by the State Department. A hold is now on your record. It will stay there.

I applied in October, was finally contacted by State in December. Sent info showing the restraining order was quashed, passport was granted.

Never received my passport card (lost in mail) so had to ask for reissuance. I'm now stuck waiting for State to act. Again.

My ex can come and go as she pleases.

I, a nonviolent human rights attorney (based in Europe), can not. Nor can you.

So if your ex received a VAWA visa, a process you can not participate in, beware....you will be denied a passport until you show you're innocent of charges that were never filed. If the bureaucrat at State doesn't like your story you will not be issued a passport. Period.

Thanks for the info.

My passport expires in May of 2011. I will keep this in mind. The noose is tightening for all Americans I am afraid. I am very disgusted with this government.

I have forwarded the information about passports to the lawyer that has filed the lawsuit challenging VAWA. Since the lawsuit is in the appeals process, this could potentially help the case. As an added bonus, his passport expires next month, so he will be trying to renew it.
(He was also falsely accused of abuse.)

I'm happy to help with the lawsuit or anything else. I'm still in the States. I'm also finding any employment background check done is coming up with this stuff. To work I'll have to go back to Europe in the next few months.

For what it is worth, the Courts are our only hope. To be pro civil rights in our situation is politically to be pro violent abuser. The facts do not matter.

As I understand it the case mentioned has been filed within the 3rd circuit. Am I correct?

If so, hopes for victory are slim. Our best shot at victory would likely be in the 10th, perhaps the 5th or 8th.

If I had the money I first had when meeting the women involved I certainly would be pursuing this myself. I've been wiped out. Three law degrees and I'm exploring food stamps.

In any event, the passport issue is clear evidence of harm accruing to someone who at every juncture has been ruled innocent of any charge. PM me if I can be of any help.

All,

I am currently on the road in Omaha. When I get back into Denver, I will contact some friends of mine who are Special Agents with Diplomatic Security Services of the Department of State, and without mentioning names, I will verify this information.

What I do know is that ALL restraining orders are entered into the NCIC system AND in the state system where the restrained party lives, used by law enforcement. If Department of State runs all passport applicants through NCIC, which I believe they do, (duh, if a fugitive is looking to leave the country and is requesting a passport, it would be nice to be able to prevent that from happening) then anyone with a restraining order will pop up on their search. All restraining orders are entered into the NCIC "Wanted Persons" file. So are all previously deported felon aliens, and Amber Alerts, and other such things. The name "Wanted Persons" file is a misnonmer. All Attempts to Locate, even for a welfare check, are entered into that file. In short, any person that is of "interest" to law enforcement, is entered into the Wanted Persons file in NCIC.

WHY a restrained party may have a problem issuing a passport, is a valid question. There may be an answer. If a non custodial parent has a restraining order out for them, and grabs the kid(s) and plans on leaving the country, then it makes sense to check into those individuals who have restraining orders against them.

BUT, if the restraining order does not mention anything about children, there should be no issue. At least, that's my humble opinion. Department of State should issue a passport without any problem. However, I'd be willing to bet there is some policy decision that says that ALL restraining order parties (the restrained, not the "victim") will not get a passport unless they can show the restraining order is lifted.

I agree with David that Roy Den Hollander should add this to the lawsuit. There should be no restriction of travel unless the government has a valid reason to prevent someone from travelling, such as, the applicant is a fugitive and their passport was surrendered to the court and they're trying to get a new one so they can run.

And as I'm writing this, the light bulb just went on. Without a passport, a person cannot go overseas to meet a prospective foreign born spouse, can they? Add this to IMBRA and we now may have our answer. "Men are abusers" and we're protecting the foreign born "wife" from abusive husbands. Since the prospective husband has a restraining order against them, they must, by NOW, VAWA, and IMBRA definition, be an abuser. Therefore, no passport.

Wonderful.

John

That was the first thing that came to my mind when I heard about the restrictions of issuing a passport to a person with a restraining order on them. I have also heard there are over one million Americans on the 'no fly list' as being possible terrorists. Maybe even those who might have the potential for violence? I believe it is possible that NOW etc influenced the Department of State to stop the issuence of passports to those with P.O.s because they made the case us men will go overseas and abuse foreign women. One should wonder what is next?

Thanks John for your looking into this.

How about the necessity to give up a DNA sample?

I understand that blood taken at a doctor's office is sent to a National data base. I also noticed that my small town bank has thumb print technology. The control grid is tightening... Anything to stop Bin Ladin.

Thanks for everyone's interest.

I assure you that everything I wrote is true. I'm happy to provide verification to any responsible party.

I have filed a FOIA request with State. I may get a response before I die. Short of filing a lawsuit against them, something I can't afford, they don't seem to care about statutory time limits.

I'm not interested in contacting my local congressional offices because I'm interested in restricting knowledge of this matter to as few people as possible.

After I discovered this situation I confirmed with the local Sherriff's Department that they did take the restraining order off all databases they had control of when the restraining orders were quashed.

Both orders were issued ex parte. Both were quashed at the first hearing. In fact, I had no contact with my ex between the two restraining orders. She simply needed another one for USCIS (my opinion).

In response to John's inquiries I have no children. The only child involved in the matter is my ex's and he is in country y with his bio father. A good US judge took the boy from my ex and shipped him to country y and his bio dad after a custody hearing I was fully invested in. She has no custody. She visited the boy in country y in August and wound up attacking the bio father with a tennis racket and fleeing the country.

I'm still waiting for my passport card. I now have my passport book.

Two points:

1. I, the US citizen with no restraining order in effect, has been prevented from traveling by the US Government despite NEVER having been convicted of any criminal violation. In Arizona, where I am, restraining orders are civil matters.

2. The "victim", a non USC VAWA visa holder, against whom I have an active and valid restraining order against comes and goes from the USA as she pleases.

In terms of the law the great variety of state positions and statutes on restraining orders make me question how the federal government can withhold passports without involving problems of equal protection of the law.

In some states ex parte orders are only good for 24 hours, not enough time to hit the computers. In Arizona, despite a 10 day rule by statute, I had to wait 3 plus months for my first hearing.

Some states require proof of violence as in a police report. Arizona is not one of those states.

In any event the American government's position is a direct violation of article 12 of the International Covenant on Civil and Political Rights. THat provision states that "everyone shall be free to leave any country, including his own". The only exceptions are those for public morality, health and order, national security or to protect the rights and freedoms of others.

One can no longer freely enter and leave the US without a passport. Restraining orders are civil matters, not criminal. The nexus of a restraining order is to keep a person away from another. Why, then, deny a passport to someone trying to leave the country a protected person resides in?

Of course, the United States - unlike every other democratic signatory - made a reservation when signing the treaty that effectively made it without domestic effect. However, it could be persuasive in any ongoing lawsuit.

I should note once again: At the time State acted there had not been an active restraining order on me for over 20 months. I was not in any local law enforcement data base.

One other interesting item.

Ever since my ex applied for a VAWA visa I have without exception been selected for special screening when returning to the USA.

I shall repeat I have never broken any law, had any IRS troubles...outside of VAWA and the 2 restraining orders I've been a model citizen.

I'll be interested in what you discover John and if FOIA turns up anything I'll be sure to post it here.