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bilson4real

Can a Felon AOS for an immigrant spouse?

By bilson4real in IMBRA Special Topics

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the_poledancer_RN Contributor

the_poledancer_RN   12

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

You might want to read about the Adam Walsh Act. It's possible, but highly unlikely as the petitioner has the burden of proof that he is not a threat to his wife. That will involve a lot of $$ too because of the legal cost.

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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TBoneTX Grand Master

TBoneTX   43,020

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

As stated, the offender is the USC, and they are (were) both already in the U.S.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

AWA applies. Consult an attorney specifically experienced in AWA-related cases, but don't get your hopes up; these type of cases rarely work out.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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lala64 Community Regular

lala64   93

Posted
Filed: K-1 Visa Country: Jamaica
 Timeline
Posted

Sorry, not sure then. I've heard you can't get a K1 visa as a felon so I would assume you can't help someone adjust status either. I think a lawyer would be a waste if this is a case, if she chooses to use a lawyer I would make sure they give you a reference of someone with the same situation that you can talk to. Any lawyer will take you on because it's money in their pocket.

Only certain felonies prevent this... not all felonies. only those that fall under IMBRA. which sounds like this is one of them. Any acts against children.

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lala64 Community Regular

lala64   93

Posted
Filed: K-1 Visa Country: Jamaica
 Timeline
Posted

Just to clear up some confusion. A felon can sponsor a spouse/fiancé. I know as I did it. It depends on the nature of the crime.

In this case a sex crime is very hard to obtain a waiver for and it might be impossible.

this is true.

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AussieNemesis Contributor

AussieNemesis   15

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

It is not impossible though even for a sex offender. It depends a lot on the circumstances. You would be best served by finding a good experienced AWA immigration attorney. Be prepared to demonstrate a lot of things with documented evidence of original charges, any jail or prison time served, psychological assessments and proof of rehabilitation.

Good Luck !

Short outline: AWA affected our application 
2012 - married US Citizen from tourist visa (unplanned)

2013 - First application for AOS by marriage - with an attorney but not one with AWA experience

2013 - First NOID - Got Psych report and as much evidence as possible sent off

2015 - Denied

2015 - Reapply for AOS - same attorney but we are better versed this time 

2016 - NOID - new reports, fresh proof

2017 - Denied

2017 - Reapply 3rd time - yet more info provided

2018  - NOID - 3RD Psych assessment, at $3000 a pop

2021 - Denied

2021 - Reapply BUT with a change - we switch application from my husband as a sponsor to my eldest step-son and suddenly, no issues

2021 - RFE for Medical Exam only!
2024  Jan 13 - email from attorney to say we have finally been APPROVED


Give a man a fish and you feed him for a day. Teach him to use the Net and he won't bother you for weeks.

The day Microsoft makes something that doesn't suck is probably the day they start making vacuum cleaners

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