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arc1993

Does this case fall under AWA?

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Hello, this is my first time posting so excuse me if I am posting on the wrong sub forum. I have concerns about my husbands prior conviction falling under AWA:

He plead no contest to a false imprisonment charge over 10 years ago (he was 18 and his girlfriend at the time was 17). This was a non-violent, non-sexual crime and he was never registered as a sex offender. He completed successfully 3 years of probation for this.

Is there chance of this being considered under AWA act since she was 17 at the time? We are married and live together so we are applying for AOS. Thoughts please?!

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Get a knowleggable atty who have dealt with AWA It will be a difficult matter,

USCIS dont care if a crime was non violent or how long, under moral

turpitude especially when its the beneficiary its almost impossible, even

petitioners with AWA in their past are routinely turned down, so far less than

10 Petitioners have been sucessful in petitioning a spouse & they are USC.

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Unfortunately false imprisonment is considered AWA... It is unlikely you will be approved for AOS.

Even though it was a non-violent, non-sexual misdemeanor? How does USCIS reviews the cases? Not sure if the conviction shows it was against a minor.

Get a knowleggable atty who have dealt with AWA It will be a difficult matter,

USCIS dont care if a crime was non violent or how long, under moral

turpitude especially when its the beneficiary its almost impossible, even

petitioners with AWA in their past are routinely turned down, so far less than

10 Petitioners have been sucessful in petitioning a spouse & they are USC.

He is the USC and I am the foreign spouse (no criminal background).

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doesnt have to be against a minor... You can google AWA and USCIS for plenty of info... Consult an attny, however be aware many will take on the case since it is profitable for them and give you a more positive outlook- specifically ASK about the approval rates. Im not trying to be rude or minimize your situation, but like Jawaree said- very few cases get approved and I do not have much time tonight to rehash the same disheartening information. :( There are several threads on VJ about the AWA/ its a tough topic and I truly am sympathetic to those who are entangled in it since the outcome is so very bleak.

This pdf outlines the convictions that fall under it.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/adamwalshact072806.pdf

this is a basic how they process it when you file-

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/April/supp-guidance-adam-walsh-actpdf.pdf

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

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.

Many AWA denials involve cases where there are no children involved, clearly an expansion of the declared purpose of the AWA by the 109th Congress “to protect children.”

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doesnt have to be against a minor... You can google AWA and USCIS for plenty of info... Consult an attny, however be aware many will take on the case since it is profitable for them and give you a more positive outlook- specifically ASK about the approval rates. Im not trying to be rude or minimize your situation, but like Jawaree said- very few cases get approved and I do not have much time tonight to rehash the same disheartening information. :( There are several threads on VJ about the AWA/ its a tough topic and I truly am sympathetic to those who are entangled in it since the outcome is so very bleak.

This pdf outlines the convictions that fall under it.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/adamwalshact072806.pdf

this is a basic how they process it when you file-

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/April/supp-guidance-adam-walsh-actpdf.pdf

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

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.

Many AWA denials involve cases where there are no children involved, clearly an expansion of the declared purpose of the AWA by the 109th Congress “to protect children.”

Wow........ I have no words. Any other options? I want to go ahead and give it a try on the application but are there any options facing this imminent denial?

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in a crazy world he might be able to go back and have the charges changed to something else?? Dont know because it was 10 years ago... Im not an attny. Not sure about statutes of limitations on stuff like that- Call a criminal attny and ask. For the purposes of AWA you have the pdf that shows the charges that count. As long as its NOT a conviction on the list- if they can change it to something else- well, that could be an option... depending on what its changed to, well it could have other implications like being able to own a firearm or hold certain jobs, but it wont impact the AWA/USCIS.

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