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Filed: Country: Russia
Timeline
Posted

Does anyone know if a juvenile adjudication for a incest (in 1994) would trigger the AWA in regards to filing a I-130 for my wife? From what I've read, USCIS doesn't treat juvenile adjudications as convictions in regards to immigration law, but under AWA I'm require to register as a tier III offender because I was 15 years old and my victim was 11.

Filed: Country: Russia
Timeline
Posted (edited)

I should probably add that in the supplemental guidelines for SORNA, it talks about my situation but doesn't actually say if I'm included in SORNA or not as it's talking about what individual states are required to include in their laws to be considered compliant with SORNA.

"... the final guidelines reflect a judgment that the objectives of SORNA § 111(8) will not be substantially undermined if jurisdictions are afforded discretion concerning registration and notification for juveniles adjudicated delinquent on the basis of offenses that are within the definitional scope of 18 U.S.C. 2241 only because of the age of the victim."
Edited by GenericUsername
Posted

I would not file without consulting a lawyer first!!!! And don't just hire any lawyer get one that specialises in AWA. If you file without this you could be doomed its best to make sure this is done right the first time. I wish you luck, update us here with the progress

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

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