An educational story of the AWA, 12 years, and finally a way around it to successfully get Green Card

[AussieNemesis 15]

Hi! I first joined up here about 12 years ago

 

I was a naive, enthusiastic future resident of the USA who had just married my US-born husband and needed to Adjust my status.  Although I knew my husband had an offense from 20 years ago, I had no clue that the USA gave a damn about the criminal history of the petitioner!

 

To make a long, tear-filled story easier here is the outline

 

2012 - married US Citizen from tourist visa

2013 - First application for AOS by marriage - with 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

 

WHAT I HAVE LEARNED THAT MAY HELP OTHERS WITH AWA ISSUES

 

1. Get an attorney WHO KNOWS THE AWA, not just any migration attorney. We had a wonderful, kind, generous attorney, but this was in no way her field of experience.

2. Be prepared to pay a lot of money, not just for your attorney but also for the reports, copies of offenses, parole decisions, probation records etc.  You will need copies of everything. Fresh Psych reports will almost always be needed and they aren't cheap.

3. Despite all your efforts and money, the odds are you will not win. Our choice, if my stepson had not wanted to help, would have been to take it to court in front of a judge and plead for common sense to prevail.

4. If you have any alternative method of filing that does not involve the person with the conviction being used then take that option like I did. I know this is not available to everyone, but some of you may benefit from this suggestion.

5. All in all, I think this cost 12 years, $30,000 US or near enough, nearly caused us to divorce several times due to all the stress, and interfered with my right to work and hold a driver's license. I've been too scared to leave for 12 years to visit my home or parents in case I could not get back into the USA.

 

6. If you can find any other way to apply, sponsored by a stepchild in my case, or try employment-based immigration, etc, I'd say try anything before having to try beating the AWA.

 

7. I am open to private messages from others who just need moral support or someone to listen to, but I can't offer legal or immigration advice more than I have said above.