Our IR1 petition was denied

[starwalker 0]

My wife's visa petition was denied. We are in the appeal process, does anybody have any information on the appeal process its been 9 month since we filed with no information from the USCIS

[Palladin 18]

My wife's visa petition was denied. We are in the appeal process, does anybody have any information on the appeal process its been 9 month since we filed with no information from the USCIS

How could it happen? It is rare for a petition to be denied. Do you mean you get a visa denial? Normally if they have doubts of a petition they would first do an RFE (Request For Evidences). Did you ever receive any RFE?

You can file again but it is best to figure out why you were denied in the first place.

[barath20 1]

My wife's visa petition was denied. We are in the appeal process, does anybody have any information on the appeal process its been 9 month since we filed with no information from the USCIS

Yes please let us know what it is denied? is it I-130 or been denied at the interview?

[starwalker 0]

Yes please let us know what it is denied? is it I-130 or been denied at the interview?

It was a I-130 denied

[starwalker 0]

It was denied because of the Adam Walsh Act.

[Karee 4,191]

It was denied because of the Adam Walsh Act.

Better get a lawyer. You have a tough road ahead of you. I assume you were convicted of some type of sex crime?

Here's some stories here:

http://www.visajourney.com/search/index.php?cx=007424365766759747816%3Auy9flr-th5y&cof=FORID%3A10&q=awa+filers&sa=Search&siteurl=www.visajourney.com%2Fforums%2Ftopic%2F344455-our-ir1-petition-was-denied%2Fpage__gopid__5075523%23entry5075523

Edited December 29, 2011 by Karee

[Palladin 18]

Better get a lawyer. You have a tough road ahead of you. I assume you were convicted of some type of sex crime?

Here's some stories here:

http://www.visajourney.com/search/index.php?cx=007424365766759747816%3Auy9flr-th5y&cof=FORID%3A10&q=awa+filers&sa=Search&siteurl=www.visajourney.com%2Fforums%2Ftopic%2F344455-our-ir1-petition-was-denied%2Fpage__gopid__5075523%23entry5075523

A lawyer would not help. It reads that the petiton can not be approved unless in the un-reviewable discretion of the DHS that there will be no harm to the foreign beneficiary or derivatives.

It is up to the discretion of DHS, and such discretion is un-reviewable. Thus they made the discretion that they do think there is a potential for harm, and unfortumately such discretion of theirs is not reviewable. Therefore a lawyer would not be able to help you. You may try to apply again but they will refer to the previous denial and it is unlikely to get approved either.

Edited December 29, 2011 by Palladin

[Tim/Mav 305]

I won't highlight any comments from members here because anytime the Adam Walsh Act is the reason for denial it is DEAD SERIOUS. You are legally married and asking for help. Well, a Conviction could vary to how extreme the Crime commited was but The Adam Walsh Act specifically says It was and is a Felony.

I'm not saying your deserve a second chance but maybe you do and have changed? I'm not a Judge.

So my question(s) to you is: Did you tell the truth on the Petition?

Did you Consult with an Attorney about a Wavier showing the time-span of the Offense/Conviction and show treatment for this Conviction. You can file this on your own but is highly un-recommended. (Wavier) Get an Attorney.

You will have to Prove you are rehabilitated, no danger to your spouse and ANY children and/or others.

I would get a Attorney if you fell you can show this and documentation.

If you can't do this, then divorce and let her go on.

Respectfuly, Tim

[Oksana & Max 94]

Attorney will not help there is no waiver for that the law is pretty clear and reads as follows:

Immigration Law

The Adam Walsh Act amended 8 U.S.C. §1227(a)(2)(A) by adding section

(v) which makes a conviction under 18 U.S.C. §2250 a deportable

offense.43 The law also prohibits U.S. citizens and lawful permanent resident

aliens who have been convicted of any specified offense against a

minor from filing a family-based immigrant petition…on behalf of any

beneficiary.44 As described above, specified offenses against a minor

include most computer-facilitated crimes against children, including any

child pornography offense and any use of the Internet to lure a child for

sexual contact.45 In addition, the Immigration and Naturalization Act

was amended to remove spouses or fiancés of U.S. citizens convicted of

these offenses from eligibility for K nonimmigrant status.46

So the OP really have no choice in bringing his wife here. There is no way it could be approved. I am not saying that OP is criminal, and I believe that he is now of a good moral, but law pretty specific and it is a serious crime.

Edited December 29, 2011 by Oksana & Max

[Fede&Kendra 5]

Well it's really non of anyone's business what exactly happened, but I wasn't sure what the AWA was so I googled it via VJ and found someone who got passed it petitioning for the same visa

Take a look at this post.....

http://www.visajourney.com/forums/topic/200384-adam-walsh-act-was-beat/

Good luck with everything! Guilty or not some people do change....and deserve at least a second chance. So I wouldn't give up just yet, keep fighting until you find SOME solution.

[Tim/Mav 305]

Well it's really non of anyone's business what exactly happened, but I wasn't sure what the AWA was so I googled it via VJ and found someone who got passed it petitioning for the same visa

Take a look at this post.....

http://www.visajourn...h-act-was-beat/

Good luck with everything! Guilty or not some people do change....and deserve at least a second chance. So I wouldn't give up just yet, keep fighting until you find SOME solution.

I remember this post. Though they are rare and it may happen depending upon each case. Thats why I stated: Your Married. GIVE IT EVERY SHOT YOU CAN.

The OP was well aware he would be attacked but, as this member posted. We don't know. ? Anytime the Adam Walsh Act is a subject of a topic, as parents we will attack. I will not do that today. I gave some options and chances are slim but WHO KNOWS. We don't know the Circumstances.

[bigdog 377]

Get an attorney ASAP.

[mounir412 101]

you'd better Get an attorney

[Oksana & Max 94]

While there might be a chance to get it approved. It would be really hard, and it all will come when the crime was commited, what crime tier the petitioner falls into and what type of crime. I also think they will look in when the crime was commited and how many years have passed since then less then 15 years, may require a really strong evidence that the person changed, and will not harm no one. While it seems like it is possible it will take some real effor to prove it. AWA crimes are considered especially heinous.

[Darnell 8,479]

if there was no intake at NVC

then the I-130 is still floating around at USCIS

and

usually there's a local interview at a local USCIS office prior to the final determination to deny the I-130 petition at USCIS.

Suggest you call into USCIS and inquire with an ISO, a Tier 2 Human, exactly what's going on with the appeal.

Also ask if any postal mail sent out to you these prior 9 months that came back as undelivered - give the ISO yer address and ask them to remail all undelivered correspondence to you.

[use a telephone, please]

then, let us know what's up, after that phone call?