Front Loaded I-130 (AWA)

[CanTex 1]

Our lawyer prepared and filed our I-130, back in 2013, and included our extensive package of

documents, which included pysch reports, criminal reports, Affidavits, etc. Unfortunately, we just

received our NOID. Does anyone have any experience with providing all documents from the

beginning of Application to receive the NOID anyway? What, if anything, did you provide in your

support in reply to the NOID?

Thank you.

[kitsonk 1]

The NOID is not surprising and I am surprised your lawyer suggested sending all the stuff with the I-130.

Essentially the process is:

• You petition for sponsorship.
• USCIS see something in your background that AWA could be applicable.
• USCIS inform you of the notice of intent to deny the petition and ask you for everything you can provide in background about the AWA matter.
• USCIS takes a long time to decide if AWA applies.
• If denied, you can start to apply for a AWA waiver.

I hate to say it, but sending everything with the I-130 was likely a waste of time and effort (and maybe money?).

In my case, we submitted the I-130 and because it doesn't ask, I didn't say anything about my potential AWA issue. We then got notified, not the NOID, that they wanted to take both our fingerprints to make sure we weren't ineligible. We did and then we got the NOID and then we responded to the NOID. 9-ish months later they decided AWA didn't apply (but that is largely because what I was charged with AWA would apply and what I was convicted of AWA didn't apply and there was the correct legal framework for AWA to clearly apply. So we suspect that was the reason but of course they don't tell you that) and approved the I-130.

What we supplied in regards to the NOID was all of the documentation we easily had (even though they said they wanted originals, we just supplied copies because our advisor, who is ex USCIS said it would be fine). While it was just supposed to focus on the "facts" of the case, we still provided some other stuff:

• Current UK Police Clearance
• FBI Record (though they clearly had access to this)
• Illinois Police Record (this is where the issue occurred)
• Court Transcripts
• My copy of the conviction
• Police Department Record (the arrest report)
• Letter from my shrink to my lawyer at the time saying I entered counselling
• Letter from my shrink to my probation officer near the end of my probation

Again, the only reason I think they didn't deny me was because what I was formally convicted of didn't fall under AWA and didn't require me to register as a SO. From what we understand though they can (and have) still denied when this is the case, but typically when the laws at the time wouldn't have made AWA clear or there was no registry available at the time. Since the courts could have easily punished me with something that would have been clearly AWA and/or made me register as a SO, we suspect they decided to trust the local court.

If you have something that is AWA, even if there aren't minors you are petitioning for, there is a 90%+ chance you were going to get a NOID anyways (if not 100%). At the NOID, all they are really interested in is if AWA applies or not. Their guidelines are, if it applies, deny. Then you inevitably go onto the waiver phase, where things like rehabilitation can be considered by the State Department.

If you don't mind me asking, how clear is it that AWA applies in your case? If, even if you have lived the best and most virtuous life since then, it applies, and they are going to deny you.

Best of luck... I know how tough it is. You do something stupid and you regret in your past, you pay for your crime and then you pay for it again and again and again. Essentially what I did in 2001 has haunted my life for the past 15 years. People who make mistakes like us are soft targets for being "tough on crime" and find little sympathy in the court of public opinion.

[evli1966 88]

We filed for a I129f in 2009

Using an attorney we submitted what was requested and eventually recieved after 2 years a Request for Evidence

After the RFE was submitted we were denied after another almost 2 years

We appealed and after another 2 years we won the appeal

as of 3/2/16 they have sent the paper work to the NVC.

[CanTex 1]

We knew that our app fell under the AWA and did not want any delays. That is the reasoning for the front-loading. We were not disputing the AWA, but wanted to prove no risk. So now the attorney feels that as we provided everything they wanted, and more, that we will reply as such. She's pretty sure that we will still get denied and then to Appeal. As you Evli1966 we hope to win the appeal. We, as you, have been at this for years and knew it would be long drawn and lots of money put out for filing fees and attorney fees, but are willing to. We have a life together and he poses no risk to me whatsoever. So, just following the law and continue.

Again Evli1966, so happy for you and your approval

[Lymitte 0]

Our lawyer filed our i-130 in 2014, included all documents they asked.  We got NOID on Apr 2016, Our lawyer sent couple of pictures of families together, the provider's resume/certifications, letter from the provider, and a letter from my husband, then we got genoed on October 2016. Our lawyer doesn't suggest bring our case to Federal court, since he thinks no case would be approved.  my husband's conviction was in 1990s, arrested in 2001,We have no children in houshold, and we are older( my husband is on 60s, and I an on 50s), do we have any other way to make it happen,what can we do now?

[Villanelle 4,121]

13 hours ago, Lymitte said:

Our lawyer filed our i-130 in 2014, included all documents they asked.  We got NOID on Apr 2016, Our lawyer sent couple of pictures of families together, the provider's resume/certifications, letter from the provider, and a letter from my husband, then we got genoed on October 2016. Our lawyer doesn't suggest bring our case to Federal court, since he thinks no case would be approved.  my husband's conviction was in 1990s, arrested in 2001,We have no children in houshold, and we are older( my husband is on 60s, and I an on 50s), do we have any other way to make it happen,what can we do now?

I want to say first I am sorry for your struggles, but Im going to be very blunt with you. It may sound harsh but its just because the reality of the situation is very bleak. Have you read the threads on VJ about AWA? Evli1966 is an anomaly. As much as I am grateful for their story being shared on VJ I also hate that it is here because it seems to give hope to others when the reality is there isnt much..

Are you and your husband together? In the US or overseas? If you are in the US then your only option is to keep throwing money at the case and "buying time" with appeals until it runs it course (final denial and you must leave the US). If you are overseas then sadly I would say you have wasted your money on a fruitless fight. In either case youd be best served looking into finding another location where you can both live legally- whether thats your country of origin or a 3rd country.

If your attny has not told you such- you should be aware only a handful of cases have been approved under AWA since it was enacted.

"For years after its enactment, the USCIS has either outright denied or intentionally stalled thousands of family petitions that it determined to fall within its own AWA policy. By 2011, after several years of long delays, the USCIS denied virtually all AWA applications held at the agency for review since 2008.

The agency reports that it receives 400-600 AWA application per year and boosts that it has denied 99% of all AWA family petitions received:

In July 2013, USCIS reported receiving about 400 AWA cases in 2012, approving just two cases.
In May of 2014, the agency reported that 601 cases were reviewed the prior year, with fewer than 10” approved. The agency reports it reviewed approximately 2,500 cases since 2008.
In July 2016 the agency reported reviewing approximately 340 cases the prior year, with approximately 1,300 cases pending review.  The agency declined to give statistics regarding approval rates."

(https://fightawa.org/adam-walsh-child-protection-and-safety-act-of-2006)

You can find more info on the site linked above and attempt to petition for legislative change, however it seems unlikely to occur. Which leaves you with the options outlined above (exhaust options until final denial or find alt place to live)

Edit- spell check corrected it to say Evli1966 was abominably instead of my intended anomaly..  sorry! fixed!

 

 

Edited January 5, 2017 by Damara

[Lymitte 0]

6 hours ago, Damara said:

I want to say first I am sorry for your struggles, but Im going to be very blunt with you. It may sound harsh but its just because the reality of the situation is very bleak. Have you read the threads on VJ about AWA? Evli1966 is an anomaly. As much as I am grateful for their story being shared on VJ I also hate that it is here because it seems to give hope to others when the reality is there isnt much..

Are you and your husband together? In the US or overseas? If you are in the US then your only option is to keep throwing money at the case and "buying time" with appeals until it runs it course (final denial and you must leave the US). If you are overseas then sadly I would say you have wasted your money on a fruitless fight. In either case youd be best served looking into finding another location where you can both live legally- whether thats your country of origin or a 3rd country.

If your attny has not told you such- you should be aware only a handful of cases have been approved under AWA since it was enacted.

"For years after its enactment, the USCIS has either outright denied or intentionally stalled thousands of family petitions that it determined to fall within its own AWA policy. By 2011, after several years of long delays, the USCIS denied virtually all AWA applications held at the agency for review since 2008.

The agency reports that it receives 400-600 AWA application per year and boosts that it has denied 99% of all AWA family petitions received:

In July 2013, USCIS reported receiving about 400 AWA cases in 2012, approving just two cases.
In May of 2014, the agency reported that 601 cases were reviewed the prior year, with fewer than 10” approved. The agency reports it reviewed approximately 2,500 cases since 2008.
In July 2016 the agency reported reviewing approximately 340 cases the prior year, with approximately 1,300 cases pending review.  The agency declined to give statistics regarding approval rates."

(https://fightawa.org/adam-walsh-child-protection-and-safety-act-of-2006)

You can find more info on the site linked above and attempt to petition for legislative change, however it seems unlikely to occur. Which leaves you with the options outlined above (exhaust options until final denial or find alt place to live)

Edit- spell check corrected it to say Evli1966 was abominably instead of my intended anomaly..  sorry! fixed!

 

 

Dear Damara,

Thank you for your concern. I am in my country,and my husband comes to visit me for six moths every year. This is our second time filing for a CR1 visa. We got married in the US, the first filing of adjust status back to 2010 was ruined by a lawyer, whom we later found doesn't have any knoweladge of such case, either of us know nothing about AWA by then. We got NOID, OUR lawyer answered nothing but a pysch report( which we learnd later was not what the USCIS asked), we got denied in 2012, that lawyer said nothing to do but I have to leave the US within the time, so I left. We found this site,and learned what could do, and know it is hard though.

It is not less easier for my husband to immigrate to my country either, I don't know which country would smooth people with criminal back ground be residence? AWA has destroyed many families, and made many families live in an extremly hard life.  Due to I have married to a USC, it is almost impossible to get a tourist visa, even I give up immigration, they still ask me go for a immigration visa only. I see what this law works purpose is for HATE, UNFORGIVENESS, ENDLESS PUNISHMENT. This group of people is considered not THE PEOPLE of USC, now I feel shame for this country.

[NikLR 13,220]

Have you considered moving to a third country?  One maybe that doesn't have strict rules about sexual acts against children. 

 

While I agree there are degrees of severity in cases such as these, as a mother, I don't particularly mind the USA's all encompassing rule.  

 

If you wish to be together all the time, I'm sure there's a way and a place, but that place likely isnt the USA. 

Edited January 6, 2017 by NikLR