Denied visa because under AWA

[want_changes 0]

Im a newbie here..by the way ive been married for 3 yrs and our visa denied because my husband is under AWA...we dont have any way to be together but i keep praying nd hoping there is...do you think there is any way that our visa aprove if we reapply?? thanks for your helps!!

If my husband get off from list of reg..do you think if we reapply..is there will be a chance to get aprove??..plss help..!! ty

[apple21 953]

What's AWA and "list of reg"?

[Hypnos 6,576]

Presumably the Adam Walsh Act.

You should consult an experienced AILA-certified immigration attorney, as this is well beyond the scope of a DIY case.

Edited October 31, 2012 by Hypnos

[want_changes 0]

What's AWA and "list of reg"?

AWA stand for ADAM WALSH ACT...list of reg...list of registration which your on list.

Presumably the Adam Walsh Act.

You should consult an experienced AILA-certified immigration attorney, as this is well beyond the scope of a DIY case.

What is AILA and DIY case?

[Hypnos 6,576]

American Immigration Lawyers Association.

A DIY case is a do-it-yourself case, which yours is not.

[canadian_wife 1,823]

Your chances will depend on what circumstances your husband falls under AWA

Where is he now? What country? Would you like to tell us about your case? If not, no worries, but expect a lengthy process with a qualified lawyer

Good luck

[Marimar04 22]

Adam Walsh Child Protection and Safety Act

The law defines and requires a three-tier classification system for sex offenders, based on offense committed, replacing the older system based on risk of re-offence.

Tier 1 sex offenders are required to register for 10-15 years; tier 2 for 25 years and tier 3 offenders must register for life.

Influence on visa process

A collateral effect of the new legislation was its implications on the United States Permanent Resident Card process. Until January 2007, U.S. nationals living abroad who married a local and intended to obtain green cards for their spouse and any immediate family members were able to initiate and complete the majority of the application process at the local U.S. Embassy/Consulate. However, because of the newly enhanced background check and criminal history data trail requirements, the new law had initially been interpreted by the Bureau of Consular Affairs and USCIS as leaving Consular officers ill-equipped to fully handle the I-130 adjucation process. Thus, as of January 2007, I-130 petitions, supporting documentation, or fee payments could no longer be completed in the country of the foreign national.[11]

However, the government made a quick about-face two months later. Due to a significant number of complaints from applicants about the resultant processing delays and from immigration officials about the deluge of paperwork that came with the centralization of the process, the visa petitioning process for immediate relatives of US citizens was resumed at U.S. embassies on March 21, 2007.[12] However, all embassies were required to add a 6 month residency requirement for the US Citizen to file an application directly.

The Act also for the first time limits the rights of citizens or permanent residents to petition to immigrate their spouse or other relatives to the U.S. if the petitioner has a listed child sex abuse conviction. If that is the case, then the petition cannot be approved unless the Department of Homeland Security determines in its unreviewable discretion that there is no risk of harm to the beneficiary or derivative beneficiary.

The Federal Record Keeping and Labeling Requirements Laws have been attached to this bill (18 USC 2257). This will require secondary producers to be responsible for the record keeping procedures primary producers gather when they produce pornography.[13]

http://en.wikipedia.org/wiki/Adam_Walsh_Child_Protection_and_Safety_Act

Edited October 31, 2012 by Marimar04

[want_changes 0]

Im from Philippines and his from the US.We are 3 years of marriage now.We filed visa year 2010 and got NOA1 then after 4 months,we got RFE then asked about more docs about the release of court from his conviction.He went to psychologist and sent the papers from psycholgist as a supporting docs,then after that we got a response of denial this year and its referring to what it says from psychologist papers about "Obviously there is NO guarantee" which means about her practice that she not sure,i dont know..thats the sentence that questions from USCIS.Then right after that we filed an appeal...he said he has been 10 yrs of registration and my question, after he off from list also.do we need to sent that papers once he off from list to USCIS?they said even you off from list,you still have a record.

Then,there was a nightmare happened,because of he was under AWA and the time he flew back going to my country,he got then blacklisted from my country which is really wondering.He never do anaything to my country then blacklist.I never saw him in the airport..he was hold departure.Life is unfair sometimes you know .I hope things will change.

[want_changes 0]

God help us.........

Edited October 31, 2012 by want_changes

[pushbrk 12,971]

Im from Philippines and his from the US.We are 3 years of marriage now.We filed visa year 2010 and got NOA1 then after 4 months,we got RFE then asked about more docs about the release of court from his conviction.He went to psychologist and sent the papers from psycholgist as a supporting docs,then after that we got a response of denial this year and its referring to what it says from psychologist papers about "Obviously there is NO guarantee" which means about her practice that she not sure,i dont know..thats the sentence that questions from USCIS.Then right after that we filed an appeal...he said he has been 10 yrs of registration and my question, after he off from list also.do we need to sent that papers once he off from list to USCIS?they said even you off from list,you still have a record.

Then,there was a nightmare happened,because of he was under AWA and the time he flew back going to my country,he got then blacklisted from my country which is really wondering.He never do anaything to my country then blacklist.I never saw him in the airport..he was hold departure.Life is unfair sometimes you know .I hope things will change.

For you and other readers to be clear, no visa has been applied for or denied. What was filed and denied was your husband's petition in your behalf. You have two choices as I see it in terms of next steps. 1. Give up and the US Citizen moves to the spouse's country, or 2. US Citizen hires a qualified Immigration attorney with experience getting AWA denials overturned. Even if you choose 2. it is quite possible you'll end up being left with either 1 or 3 or 4. 3. would be you never live in the same country and 4 would be you live together in a third country.

[Karee 4,190]

For you and other readers to be clear, no visa has been applied for or denied. What was filed and denied was your husband's petition in your behalf. You have two choices as I see it in terms of next steps. 1. Give up and the US Citizen moves to the spouse's country, or 2. US Citizen hires a qualified Immigration attorney with experience getting AWA denials overturned. Even if you choose 2. it is quite possible you'll end up being left with either 1 or 3 or 4. 3. would be you never live in the same country and 4 would be you live together in a third country.

Looks like 1. isn't even an option since the denied him entry at the beneficiarie's country, and sent him back to the U.S.

[Jahwaree 83]

Lady sorry for what you are going thru, but the Lord knows best. Do you have kids or plan to have kids?

Your country have banned this person , a 3rd country for both of U will do too and uscis is not always speedy or fair but lord knows they sometimes knows best. Moving on may be heartrending to you for a while , but you would not want a heartrending Life now ...would you.Think with your head please.

[pushbrk 12,971]

Looks like 1. isn't even an option since the denied him entry at the beneficiarie's country, and sent him back to the U.S.

Right. I missed that part. It wasn't in the opening post. Bad situation.

[rade2rising 205]

go get consultation with laura scott it will be expensive and takes lots of years. sometimes giving up is the easiest thing not saying you should but things are not always simple....

As far as banning folks on the list I dont think they do that in a blanket manner right?? Maybe based on the severity of the accusations/convictions??? Anyways not sure about it.

[pushbrk 12,971]

go get consultation with laura scott it will be expensive and takes lots of years. sometimes giving up is the easiest thing not saying you should but things are not always simple....

As far as banning folks on the list I dont think they do that in a blanket manner right?? Maybe based on the severity of the accusations/convictions??? Anyways not sure about it.

I'm pretty sure you mean Laurel Scott. http://www.scottimmigration.net/