Adam Walsh Act - advice on relevance ?

[AussieNemesis 15]

We just received a notice that my husband (the USC) has to be fingerprinted because of the AWA.

I know his past, I know why this would pop up in the system, he is a registered SO.

However, I have no children and I won't be having any.

Therefore, how relevant is this AWA? Can we ask them to take that into account - that there are no children in the home and there won't be any from the relationship? He also has court documents stating he is allowed unsupervised visitation with his natural children and his nieces and nephews.

What do I need to know to combat the AWA?

thanks

[Tim/Mav 305]

First Step: You will need to provide solid evidence that Sexual Offender Programs have been completed. Letters from treatment Counsulars stating NO THREAT. Visitation Rights are not what is being looked for here. Thats the first step. Without that, it's not going to happen. Those should be Court Documents, documentation of completing the programs and letters from treatment providers. Thats the First Step.

[Darnell 8,478]

fingerprinting not connected to the other stuff you wrote about.

It is a requirement that he get fingerprinted, because of AWA. That's it, that's all. So, if a ton of other things to overcome, I think your on the right track for the 'tack' to take, when writing up letters of attestation.

[Tim/Mav 305]

First Step: You will need to provide solid evidence that Sexual Offender Programs have been completed. Letters from treatment Counsulars stating NO THREAT. Visitation Rights are not what is being looked for here. Thats the first step. Without that, it's not going to happen. Those should be Court Documents, documentation of completing the programs and letters from treatment providers. Thats the First Step.

Also, I'm sure a Probation Officer was or is still involved. In addition, Childrens Services to Children : Those are Letters you will be looking for as well.

[Tim/Mav 305]

fingerprinting not connected to the other stuff you wrote about.

It is a requirement that he get fingerprinted, because of AWA. That's it, that's all. So, if a ton of other things to overcome, I think your on the right track for the 'tack' to take, when writing up letters of attestation.

Yeah, fingerprinting was concluded at the time of arrest. Thats already on the record. So no fingerprints really needed.. 129-F's don't require fingerprints. But, they do ask about crimes and this is a Big one.

EDIT: Not a 129-F WHOOPS

Edited April 16, 2013 by Tim/Mav

[Tim/Mav 305]

Is it me or is this listed under K-1 processes. This is Spousal. So, Ignore what I said.

[AussieNemesis 15]

There is no current probation or parole orders, he is clear of all that too.

The offence was over a decade ago, no current requirements at all other than to be on the register and keep the address info up to date.

That's why I question the relevance at all. There was only ever one offence, there was time served. Nothing ongoing.

Reason it's posted in this section is that this seems to be where AWA posts are being put for all members whether they are applying inside or outside USA.

So we need copies of all his court documents ?

[Tim/Mav 305]

There is no current probation or parole orders, he is clear of all that too.

The offence was over a decade ago, no current requirements at all other than to be on the register and keep the address info up to date.

That's why I question the relevance at all. There was only ever one offence, there was time served. Nothing ongoing.

Reason it's posted in this section is that this seems to be where AWA posts are being put for all members whether they are applying inside or outside USA.

So we need copies of all his court documents ?

I'm really unsure OP. I miss-read the post. If it was a 129-F my information would have been correct but in your case its not the circumstance. I'm sorry I got confused when reading the post.

Hopefuly, Darnell or a Member can answer this for you. But, I can tell if it is required that if those Court Documents are required, Copies are OK but must be signed, stamped and initialed in Ink by the County Clerk. This is out of my league. I help with 129-F's.

[Villanelle 4,121]

?

Mmm your question is How relevant is the AWA because we dont have children and dont plan to? Well... I think youre a bit confused because of the name of the act perhaps? It really has nothing to do with crimes against children. Just because the Act is named in dedication of Adam Walsh, its purpose is not to solely protect children but to protect any one who could be considered an 'innocent'. And that includes you.

The point of the Act is to ensure that the petitioner is not a threat to the beneficiary and that the beneficiary is fully aware of the petitioners past.

So according to your timeline it seems you are both in the US. Your husband filed the 130/485 forms. During processing his name came up in the system under the AWA and they are requiring fingerprints on him now.

What you need to establish he is not a threat is the same thing that any one else subject to the AWA needs. Complete court documents. Statements from providers. Newspaper articles. Therapy reports. Affidavits etc.

There are a few threads on VJ about this. The difference between your situation and the other threads is they were attempting to 'beat' the AWA to obtain a visa, and you are seeking to 'beat it' to be eligible to adjust, but the goal is the same- to demonstrate the petitioner (the person who either filed the K1 or the 130 in your case) is not a threat to the alien.

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I do have to advise you- its good that you have the AP and EAD. Dealing with the AWA can take a long time. Also Im not sure if you realize this, but you are attempting to AOS from a tourist visa... But if you are denied, there is no appeal from that denial because of the visa you are adjusting from. Because of the fact that there is an AWA involved, there is a chance that you can be suspected of marrying your spouse for benefits in the interview. So again, if they deny you in the interview, you cant appeal it, youre going to have to leave the US and apply for the CR1 visa to come back and get another interview overseas and go through the whole thing all over again. Its going to take a looong time. At least a year min, if not more because of the AWA complications.

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I suggest you read through the AWA threads on here and google search AWA and get an idea of what you need to submit and maybe post back (if you want) what you have so far and then maybe people can suggest what else you may need to cement your case.

[AussieNemesis 15]

But he has no convictions for violence or Domestic Abuse. So I cannot see why there would be a question of him being a threat to me as there is no prior evidence of him being a threat to a spouse.

I assumed that any questions would relate solely to the offence he was convicted of and refuting any further activities that might be a danger directly related to that offence.

Otherwise it appears that the government here assumes that being convicted of an offence 15 years ago turns a person into a hardened criminal who might break any law in the future ?

Guess we go to the fingerprint appointment for him and wait for further letters telling us what we have to do next. Seems ridiculous to me as there is no link between his past conviction and the situation he is in now with me.

[Darnell 8,478]

Guess we go to the fingerprint appointment for him and wait for further letters telling us what we have to do next. Seems ridiculous to me as there is no link between his past conviction and the situation he is in now with me.

While your waiting, you should focus on what Capri wrote, particularly:

What you need to establish he is not a threat is the same thing that any one else subject to the AWA needs. Complete court documents. Statements from providers. Newspaper articles. Therapy reports. Affidavits etc.

Is uncertain when you will submit this, but be certain - he will need to submit this stuff.

I think if you are prepared, this 'wait for further letters' can be mitigated 100 percent. But that's just me. Capri outlined the issues, try to reread his stuff without emotional bias. IMO, it's the emotional bias that is going to stifle the two of you for creating the additional evidence required.

[Villanelle 4,121]

But he has no convictions for violence or Domestic Abuse. So I cannot see why there would be a question of him being a threat to me as there is no prior evidence of him being a threat to a spouse.

I assumed that any questions would relate solely to the offence he was convicted of and refuting any further activities that might be a danger directly related to that offence.

Otherwise it appears that the government here assumes that being convicted of an offence 15 years ago turns a person into a hardened criminal who might break any law in the future ?

Guess we go to the fingerprint appointment for him and wait for further letters telling us what we have to do next. Seems ridiculous to me as there is no link between his past conviction and the situation he is in now with me.

Aha. Well, you somewhat answered your own question and the need for the fingerprints and the court documents. They are basically assuming he is a danger to you until they can determine he is not. Why are they doing this? Well because immigration is not innocent until proven guilty. A lot of the processes are the opposite. The burden of proof is on you. And the point of the act again, is to protect innocents. So they are assuming hes guilty/bad/evil. You have to prove he is not.

His name came up in the system as a 'person of interest' where the AWA was required or may be applicable. So they are sending him for fingerprints to find out exactly what charges there were. Because lots of people have the same name/DOBs ranges. They have to be 100% sure based on fingerprint records that hes the guy that was charged/convicted before proceeding further with AWA stuff otherwise its a case of mistaken identity on their part.

So first step is confirming its him through fingerprints for them. (You already know its him, so you dont have to wait for the fingerprints to start gathering stuff for the next step)

(In the K1 process the K1 petitioner discloses the charges on the K1 petition so they end up waiting a long time in some cases for USCIS to send them for fingerprints- another difference youll find when reading the threads)

So going back a little. They now confirm theres a charge. Either because the petitioner discloses it (K1) or they fingerprint you and confirm it. Now they have to see all the nitty gritty details of exactly what happened. That involves all the dirty details of it- because it wasnt a traffic charge. It was labeled something serious enough to get the SO tag and qualify it under the AWA. So they need the court records. They are going to be looking at the charge and conviction and going to be evaluating whether or not the person is a threat to the person they are petitioning for.

Now the letter is not going to say such. Its simply going to say something vague like- you fingerprints came back under the AWA act, please submit court records from the event. You really only get ONE shot to submit stuff. If you mess it up- its pretty much over. So you need to submit as much as you can showing he is NOT A THREAT. Because if you do not make a good enough case it will be denied. And its very very hard to get an approval on an AWA after youve been denied once on it with out getting assistance from a top notch legal firm.

Basic things you need to include:

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.

General info:

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

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)

--

Also it seems you filed the initial forms through a lawyer. Is he not helping you with the AWA papers or does he not know about it yet?

[AussieNemesis 15]

The lawyer ought to have been aware of this as the conviction was disclosed on the initial forms we sent in. Obviously there would be no point in not disclosing it as we knew they would check.

Still it might be nice if they actually earned their fees. LOL

[evli1966 88]

100% get an attorney.

An Attorney theat is notably experineced in the AWA.

What others are stating is somewhat true.

All court records, police records, pshycology reports should be certified.

An inexperienced attorney can scew things up quickly as can someone submitting items themselves.

BTW

The government (Bush administration) passed the AWA to protect children and the loose language is interpreted by the USCIS in a way to prevent the approval of family based visas even when no children are involved.

This error was noted and the chnage from immediate denial of the visas to putting the burden of prove no threat to the beneficiary on the pettitioner.

You should note the AWA was passed in 2006 and most successful appeals or approvals are because the conviction was before this was enacted.

With that said without overwhelming evidence showing successful and safe reform as well as the ability to securely support themselve and their applicant the chance is very slim.

Please do not hesitat eto ask questions here some have experienced alot of this and some have been successful.

myself on a fiance visa it has been 4 years in June to this date we are over 60 days since submittal of our RFE.

I am prepared to appeal int he Federal Apeals court which could cost upwards of $20k.

The great part for you is that you are here with the person you love.

(There are roughly 14 million illegal immigrants living in the USA.)

[AussieNemesis 15]

Thank you all for your advice.

I will get with the attorney asap and see what happens. I doubt she is experienced with AWA waivers though. Mostly she does employment migration not family migration.

I don't even know how to get certified copies of the court docs as they are in a different state to the one we live in. Will make my own inquiries on that and try to do as much of the document gathering as possible ourselves rather than pay an attorney's assistant to do it.

I appreciate the support, and I have a feeling I will need more of it for a while ...

His conviction was pre 2006 so that may at least help a little.