Adam Walsh Act Waiver

[cornseed 0]

Has anyone attempted to get a waiver for the Adam Walsh Act that prevents a sex offender from sponsoring their fiance? If so, what was the process like? Did it work?

 

Iwas told by a lawyer that it rarely ever is approved because the decision comes down to a politician who is just trying to to curry favor with the public. He said he doesn't recommend this as it almost always fails and ends up being a waste of time and money. 

[Crazy Cat 39,620]

Used the search function for Visa Journey: "Adam Walsh"

 

 

Edited May 2 by Crazy Cat

[Lee Thacket 16]

4 hours ago, cornseed said:

Has anyone attempted to get a waiver for the Adam Walsh Act that prevents a sex offender from sponsoring their fiance? If so, what was the process like? Did it work?

 

Iwas told by a lawyer that it rarely ever is approved because the decision comes down to a politician who is just trying to to curry favor with the public. He said he doesn't recommend this as it almost always fails and ends up being a waste of time and money. 

 

That lawyer sounds very cynical. Presumably there are sound public policy grounds for preventing convicted sex offenders from trafficking vulnerable people, usually women from the third world who don't speak good English. I can understand why it is difficult to get a waiver. Most members of the public, regardless of their political or ethical views, would probably support that.

[Boiler 43,720]

The lawyer sounds very realistic.

[Daphne . 1,708]

Those rules are in place for YOUR safety. 

[TBoneTX 43,418]

Thread is moved from the main K-1 forum to the IMBRA subforum, where this topic is often discussed.

[SalishSea 16,878]

14 hours ago, cornseed said:

the decision comes down to a politician who is just trying to to curry favor with the public.

Politicians do not approve or deny petitions or waivers.  That is the job of USCIS.

[cornseed 0]

4 hours ago, Daphne . said:

Those rules are in place for YOUR safety. 

The rules are there for my beneficiary's safety. They don't want someone bringing their spouse to the US if they believe they will use the beneficiary for human trafficking or abuse them in any way. I would need to be able to prove that I won't be a threat of any kind to my spouse for them to give me a waiver. Then if the waiver is approved I am allowed to start the K1 visa process

[Lemonslice 4,583]

Realistically, you are looking at years of separation (unless you are able to visit her long term while you wait), and tens of thousands of dollars in legal fees.  I am not sure how serious things are with your fiancée, or how feasible/palatable the idea of living away from the US is for you two, but you might want to have serious discussions about all that together before going further.  

[Boiler 43,720]

The problem is many countries would not accept him with such a history.

[cornseed 0]

33 minutes ago, Lemonslice said:

Realistically, you are looking at years of separation (unless you are able to visit her long term while you wait), and tens of thousands of dollars in legal fees.  I am not sure how serious things are with your fiancée, or how feasible/palatable the idea of living away from the US is for you two, but you might want to have serious discussions about all that together before going further.  

Going on 2 years at this point. We've met in person once before, just last month, but we're trying to look for a way to make it more permanent. Currently planning on visiting in December or January to meet her family. We've also run into some issues getting her here since I can't sponsor or petition her with my AWA offense. What we've come up with as an option is to get here here on a working visa, then when we marry apply for an extended green card

[SalishSea 16,878]

1 hour ago, cornseed said:

Going on 2 years at this point. We've met in person once before, just last month, but we're trying to look for a way to make it more permanent. Currently planning on visiting in December or January to meet her family. We've also run into some issues getting her here since I can't sponsor or petition her with my AWA offense. What we've come up with as an option is to get here here on a working visa, then when we marry apply for an extended green card

Work Visa is a long shot for many reasons….

[cornseed 0]

2 hours ago, SalishSea said:

Work Visa is a long shot for many reasons….

What other options are there? I cannot sponsor her for a spousal or fiance visa. 

[Daphne . 1,708]

8 hours ago, cornseed said:

The rules are there for my beneficiary's safety. They don't want someone bringing their spouse to the US if they believe they will use the beneficiary for human trafficking or abuse them in any way. I would need to be able to prove that I won't be a threat of any kind to my spouse for them to give me a waiver. Then if the waiver is approved I am allowed to start the K1 visa process

I thought you were the beneficiary, sorry! Correct, the rules are in place for the beneficiary’s safety. 

[JeanneAdil 6,244]

8 hours ago, cornseed said:

The rules are there for my beneficiary's safety. They don't want someone bringing their spouse to the US if they believe they will use the beneficiary for human trafficking or abuse them in any way. I would need to be able to prove that I won't be a threat of any kind to my spouse for them to give me a waiver. Then if the waiver is approved I am allowed to start the K1 visa process

that is not how the system works

you apply

she interviews 

and if CO suggests a waiver , then u apply for one

 

Politicians don't do immigration /it really is out of their hands

 

 

with AWA u need a lawyer/this would not be DIY