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PETITON DENIED DUE TO ADAM WALSH ACT

#1 Greendragon21975

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Posted 10 January 2013 - 12:27 AM

Hey all,

I am a U.S. citizen who filed an I-130 for my wife back in November 2009. After submitting evidence and waiting 3 years, it was denied on January 4th. We originally filed a K-1 petition in January 2008, soon after we first met. We waited 1 1/2 years before that one was eventually denied.

The problem is the Adam Walsh Act. I pled guilty to a sex offense back in 2003. I submitted evidence to USCIS to show them that I do not pose a threat to her safety. The evidence included personal character reference letters from my parents and 2 bosses, a letter from the psychologist I went to for counseling after my offense that states he does not believe I am a threat to her, a polygraph report that shows I have never hurt her in any way since we have known each other and that I have not reoffended, and a signed statement from my wife stating that she is aware of my criminal history(including what the charge was) and that I have never hurt her. Also, we have been living together in China since October 2011. I called the USCIS "customer service" several months ago informing them of this and the person told me he would enter it into the computer. I guess the person either didn't enter it into the computer, USCIS ignored it, or they didn't believe it to be true.

I am thinking about filing some kind of appeal about our denial. I thought I had read somewhere that decisions related to the Adam Walsh Act are considered final by USCIS and cannot be appealed. But, it does not say as such on their website, so I am not sure. Also, I have been seeing many posts of AWA related denials filing appeals on other website forums, but have not seen what the results of those filings have been. If the decision is considered final and cannot be appealed, then I would be jut wasting time and money by doing so. Would you suggest I file an appeal? I have already written to my attorney inquiring about this matter, but I wanted to see what everyone here has to say about it. If I decide to do so, my attorney will assist me.

Also, there are 2 different forms for filing appeals. There is the I-290B and the EOIR-29. I think we would use the EOIR-29, but I am not sure. There is a basis for an appeal. The issue is the USCIS concern for my wife's safety. We have lived together in China for more than 1 year, and have evidence to show this as fact to submit as part of the appeal. The basis for the appeal would be the fact that a decision was made without taking this fact into consideration, or something like that. My attorney can make it sound better in the brief.

If I am going to file an appeal, we would need to move pretty quick because I only have 30 days from when the decision was mailed to me: January 4th.

Also, if there is anyone on here that is on the same situation with the AWA, could you please send me a message.


Thanks
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TIMELINE FOR WILLIAM & XIAORONG K-1 VISA

12/13/2007.....1st trip to China
1/26/2008......Mailed I-129F packet to CSC for K1
5/24/2009......2nd trip to China
7/1/2009.....PETITION DENIED!!


TIMELINE FOR WILLIAM & XIAORONG K-3 VISA

7/28/2009.......MARRIED!
8/23/09.........Returned home from 2nd trip
11/16/2009......Mailed I-130 to USCIS
11/28/2009......Received NOA 1 for I-130
12/2/2009...... Mailed I-129F to USCIS
12/13/2009......Received NOA1 for I-129F
2/12/2010.......Received NOID
3/2/2010........Mailed evidence for NOID
4/28/2010.......Received notice that Petitions were being transfered
from CSC to VSC
5/12/2010.......3rd trip to China
8/11/2010.......Returned home from 3rd trip
10/20/2010......Contacted USCIS due to case outside of processing time
2/15/2011.......Still waiting
3/15/2011........FBI doing in-depth background check on me
9/9/2011..........Moved to China
5/22/2012........FBI complete checks....case assigned to person at USCIS
1/4/2013..........PETITION DENIED!!!!

#2 m & t

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Posted 09 February 2013 - 08:06 PM

Sorry to hear thst you were denied. Why was your k1 denied and how long did you attend therapy?
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#3 MsHogan

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Posted 09 February 2013 - 08:58 PM

I know I have seen some other cases with challenges due to the AWA but perhaps you can search for them and reach out to some of those members.
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USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email


MEDICAL ~ CONSULATE ~ POE
2013-02-13: MEDICALS
2013-03-06: INTERVIEW
2013-03-08: VISAS IN HAND!
2013-03-12: Paid USCIS Immigrant Fee
2013-03-14: POE
2013-03-25: SSNs arrived
2013-04-01: Green Cards arrived


#4 capri

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Posted 09 February 2013 - 09:41 PM

First of all this is NOT something you can do yourself. You need to contact an attorney immediately. And not just any old attorney. You need a specific attorney who can handle this. You have a limited window to file the appeal or else you have to file all over again.

In order to qualify for an Adam Walsh Act waiver the petitioner must show they pose no risk to the beneficiary. Any applicant applying for such a waiver should plan on submitting some or all of the following:

Their own sworn affidavit,
A sworn affidavit of the potential beneficiary,
Sworn affidavits of close friends and/or prominent members of the community,
The police and court records describing the crime/s,
Newspaper articles describing the crime/s,
A full psychological evaluation,
Evidence of rehabilitation, and
Any other evidence which shows pose no risk to the beneficiary.

Adam Walsh Waivers are extremely difficult to obtain. The decision to waive such a conviction is left to DHS, who has "sole unreviewable discretion" to grant or deny an Adam Walsh Act Waiver. "Sole unreviewable discretion" means DHS has ultimate power in these decisions, there is not an appeal process, and there is not a complaint or review process. Such a decision is left completely up to the person reviewing the request and they can deny any application for any reason. In fact they do not even need to provide a reason.

DHS officers have no problem accepting the non-refundable filing fees from a petitioner and turning around and denying their application. Moreover, once an application is denied it makes it all that more difficult to submit it again and get it approved. (So if you submit the appeal in haste with a bad lawyer or do it yourself and then you refile and try to file a waiver again youre going to have a tough time getting a good waiver approved with a good lawyer- so do it right the first time)

There are no official statistics on the matter, but the site(s) I found most of the above info on referred to about 45% of these waivers being approved. (if they had competent consul and all of the above evidence)
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#5 minipie

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Posted 13 February 2013 - 10:49 PM

Hi there we have same problem. we are just one month late about you, could you let us write to you directly?
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#6 kmyers

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Posted 01 May 2013 - 01:29 AM

Hi greendragon isnt you file for appeal how did it go? Im on the same situation
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#7 degreeofhope

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Posted 01 May 2013 - 02:30 AM

i think NVC is more concerned for your beneficiary than your background.

 

Only an attorney can help you with your case.

 

I'm amazed and impressed that you have been trying in the last 3 1/2 years to bring your wife here. I miss my wife every single day, and it's only been a year for us. It must have been agonizing for you. I really hope your case goes through and you two are re-united soon enough.


  • 0

#8 kmyers

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Posted 01 May 2013 - 11:09 AM

Degreeof hope do you have the same case too
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#9 degreeofhope

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Posted 01 May 2013 - 01:08 PM

Degreeof hope do you have the same case too

 

no
 


  • 0

#10 Ryan H

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Posted 01 May 2013 - 06:35 PM

i think NVC is more concerned for your beneficiary than your background.

 

The NVC is not involved here, the petition was denied by USCIS.


  • 0

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013:  Biometrics Appointment

January 28, 2014:  Production of new Green Card ordered

February 3, 2014:  New Green Card received; done with USCIS until fall of 2023*


#11 AiA

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Posted 05 May 2014 - 07:06 PM

I'm having the same problem now.. My fiance committed the sexual assault before 2006 though. We have a lawyer but the chances are still 50-50. We are planning to get a marriage visa instead of a K-1 visa.. Do you think that's advisable? We are planning to get married in my country then file for a spousal visa instead of a K-1...


  • 0

#12 Ryan H

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Posted 05 May 2014 - 07:32 PM

***Prior to today, the last post in this thread was over 1 year ago.  Closing old thread.***


Edited by Ryan H, 05 May 2014 - 07:34 PM.

  • 0

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013:  Biometrics Appointment

January 28, 2014:  Production of new Green Card ordered

February 3, 2014:  New Green Card received; done with USCIS until fall of 2023*




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