Adam Walsh Act question

[SRNCR 6]

24 minutes ago, Hypnos said:

It could be an issue. 

 

If he, as the petitioner, receives a biometrics appointment letter from USCIS then you will know the problem has hit their radar. They will name check him as part of the I-130 adjudication process. 

 

I would expect it to be more likely then not that that will happen, and at that point you will need a lawyer. And when you're able to do so you should look into a consultation with a reputable immigration attorney that is well-versed in the AWA asap, even before they biometrics him, to try and head off the issue and discuss your options. 

Do you know when in the AOS process they will background check him? I agree I think it's likely we will get an NOID unless I guess they research his charge and realize that requirement in the statutes and then dont pursue it any further? Who knows how in depth they look though. 

 

I've emailed a few lawyers who specialize in AWA issues and offer a free first consultation just to see if we can at least get some opinion. 

[JFH 12,189]

Background check of the USC is part of the I-130 process. This establishes the ability of the USC to even petition for a spouse and the AWA forms part of that. The eligibility needs to be established before the process can go any further. 

[SRNCR 6]

3 minutes ago, JFH said:

Background check of the USC is part of the I-130 process. This establishes the ability of the USC to even petition for a spouse and the AWA forms part of that. The eligibility needs to be established before the process can go any further. 

Okay so does anyone know when that is when it is concurrently filed with an i-485? Baring in mind also that Potomac is currently processing September 2018 petitions and my i-130 was lodged August 2018? I am pretty sure they approve the i-130 only when the i-485 is adjudicated though. Would they do it after my biometrics are taken (which as I said was January)?

[JFH 12,189]

5 minutes ago, SRNCR said:

Okay so does anyone know when that is when it is concurrently filed with an i-485? Baring in mind also that Potomac is currently processing September 2018 petitions and my i-130 was lodged August 2018? I am pretty sure they approve the i-130 only when the i-485 is adjudicated though. Would they do it after my biometrics are taken (which as I said was January)?

No one really knows the exact order of things during the I-130 adjudication. I would not pay too much attention to processing times either. This is a classic example of why each I-130 is processed at a different speed. So just because people who filed the same week or the following week as you are currently being adjudicated doesn’t meant yours is almost done. You could get an answer this week. You might be waiting another 6 months, who knows?

 

Is this his only case? Does he have any other arrests or convictions? Even non-AWA ones?

[SRNCR 6]

6 minutes ago, JFH said:

No one really knows the exact order of things during the I-130 adjudication. I would not pay too much attention to processing times either. This is a classic example of why each I-130 is processed at a different speed. So just because people who filed the same week or the following week as you are currently being adjudicated doesn’t meant yours is almost done. You could get an answer this week. You might be waiting another 6 months, who knows?

 

Is this his only case? Does he have any other arrests or convictions? Even non-AWA ones?

Okay, thank you. 

 

Yes he does have other non-AWA convictions. None since 2015 though and he has done several programs which demonstrate that he is rehabilitating and he has started a 4 year degree program so I think he can show a clear path of leaving his old life behind and bettering himself. 

[JFH 12,189]

17 minutes ago, SRNCR said:

Okay, thank you. 

 

Yes he does have other non-AWA convictions. None since 2015 though and he has done several programs which demonstrate that he is rehabilitating and he has started a 4 year degree program so I think he can show a clear path of leaving his old life behind and bettering himself. 

They are not concerned about him bettering himself. Even the DOC doesn’t care about that (quite the opposite - they want him to go off the rails so that there is job security for them. If prisons and parole programs rehabilitated people then many DOC staff would be out of a job). They are worried about the potential risk that is posed to you as an immigrant. Even though my husband’s crime was non-violent (theft) it was still a concern for the CO at the London embassy. It was his general disregard for the laws of the land that bothers the immigration people. 

 

I only asked because you mentioned he had to update his details with the authorities and inform them if his whereabouts but he’s not on any register so it sounds like he’s on parole for something else. Although AWA crimes are a huge thing for immigration, that doesn’t mean other crimes are overlooked and you need to be prepared for those also. 

[SRNCR 6]

7 minutes ago, JFH said:

They are not concerned about him bettering himself. Even the DOC doesn’t care about that (quite the opposite - they want him to go off the rails so that there is job security for them. If prisons and parole programs rehabilitated people then many DOC staff would be out of a job). They are worried about the potential risk that is posed to you as an immigrant. Even though my husband’s crime was non-violent (theft) it was still a concern for the CO at the London embassy. It was his general disregard for the laws of the land that bothers the immigration people. 

 

I only asked because you mentioned he had to update his details with the authorities and inform them if his whereabouts but he’s not on any register so it sounds like he’s on parole for something else. Although AWA crimes are a huge thing for immigration, that doesn’t mean other crimes are overlooked and you need to be prepared for those also. 

My husband's other crimes are theft/ possession of marijuana (same event) and bail jumping. I know they are concerned about my safety but from what I've read on here about the other crimes as long as I'm fully aware of the details it has been okay. I would also think that him bettering himself would go a long way to proving that the risk to me which would be posed if he reoffended is reduced because he's moving himself in a better direction. Additionally, by the time we have our interview etc I would imagine we'll have lived together around a year or more with no issues so that would speak in our favor too. 

 

He has to register with police because of the misdemeanor, it was a part of the deal. 

[Lemonslice 4,555]

3 minutes ago, SRNCR said:

My husband's other crimes are theft/ possession of marijuana (same event) and bail jumping. I know they are concerned about my safety but from what I've read on here about the other crimes as long as I'm fully aware of the details it has been okay. I would also think that him bettering himself would go a long way to proving that the risk to me which would be posed if he reoffended is reduced because he's moving himself in a better direction. Additionally, by the time we have our interview etc I would imagine we'll have lived together around a year or more with no issues so that would speak in our favor too. 

 

He has to register with police because of the misdemeanor, it was a part of the deal. 

How old are you? Are you planning to have children?

[SRNCR 6]

Just now, Lemonslice said:

How old are you? Are you planning to have children?

I am 23 and he is 27. Yes eventually we will have children. 

[Lemonslice 4,555]

6 minutes ago, SRNCR said:

I am 23 and he is 27. Yes eventually we will have children. 

They might see it as an additional risk. 

[SRNCR 6]

1 minute ago, Lemonslice said:

They might see it as an additional risk. 

I would agree with you BUT they would be considering something that MIGHT happen in the future and not the facts. It would be irrelevant and definitely an error of the exercise of discretion then. There's no guarantee we would be able to have a baby or that we won't change our minds in the future.

 

Also the reason my husband's offence was set apart in the law and he was never assigned an offender level etc is because his behavior was opportunistic rather than predatory so I think that could really be argued against if for some reason it did pose a question. 

[Lemonslice 4,555]

2 minutes ago, SRNCR said:

I would agree with you BUT they would be considering something that MIGHT happen in the future and not the facts. It would be irrelevant and definitely an error of the exercise of discretion then. There's no guarantee we would be able to have a baby or that we won't change our minds in the future.

 

Also the reason my husband's offence was set apart in the law and he was never assigned an offender level etc is because his behavior was opportunistic rather than predatory so I think that could really be argued against if for some reason it did pose a question. 

That's why proper legal assistance might help you.  

[Boiler 43,438]

Good that you are obtaining legal advice.

[SRNCR 6]

Yes agreed! I will update once we've seen a lawyer 

[JFH 12,189]

45 minutes ago, SRNCR said:

My husband's other crimes are theft/ possession of marijuana (same event) and bail jumping. I know they are concerned about my safety but from what I've read on here about the other crimes as long as I'm fully aware of the details it has been okay. I would also think that him bettering himself would go a long way to proving that the risk to me which would be posed if he reoffended is reduced because he's moving himself in a better direction. Additionally, by the time we have our interview etc I would imagine we'll have lived together around a year or more with no issues so that would speak in our favor too. 

 

He has to register with police because of the misdemeanor, it was a part of the deal. 

It’s nice that you are so supportive of him and believe that he’s making improvements in his life but I can assure that matters not one jot to USCIS. My husband’s crime was 20 years before we met. It was still a concern. Your husband has been crime-free at best 4 years and he has multiple offenses. My husband has been crime-free for over 20 years. Unfortunately, in the eyes of USCIS, once a criminal, always a criminal. 

 

They base their thoughts on actual cases. Unfortunately there have been some foreign wives that were brought into the country by men with criminal records who have then suffered abuse or been murdered. Obviously this doesn’t happen every time. But it has happened enough for USCIS to put procedures in place to deal with the perceived risk.