PETITON DENIED DUE TO ADAM WALSH ACT

[Greendragon21975 0]

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

[m & t 0]

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

[Ms Hogan 295]

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.

[Villanelle 4,122]

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)

[minipie 1]

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

[kmyers 0]

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

[degreeofhope 2]

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.

[kmyers 0]

Degreeof hope do you have the same case too

[degreeofhope 2]

Degreeof hope do you have the same case too

no

[Ryan H 3,813]

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

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

[AiA 0]

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...

[Ryan H 3,813]

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

Edited May 6, 2014 by Ryan H