DIY'ing the Adam Walsh Act NOID on I-130

[Demise 1,427]

4 hours ago, HowManyLettersFit said:

Demise, thank you for the reply as this is what I was hoping to see (or a good reason I shouldn't do something like this). I also appreciate the template. Is (INA 204(a)(1)(A)(viii)) the correct/only section of AWA i should call out, or should I mention others?

 

 

 

INA 204(a)(1)(A)(viii) is part of the Immigration Nationality Act. It was added by the Adam Walsh Act, however it is the only relevant section here.

[Bit2121 0]

On 2/28/2025 at 7:30 PM, HowManyLettersFit said:

I am an American citizen and petitioner of an I-130 for my wife who lives here. We DIY filed the I-130 in 2022, there were no questions about criminal history. I was asked to come for biometrics in 2023 which i thought was odd. There was no movement on our case until yesterday when i received a notice of intent to deny based on the Adam Walsh Act with an 87 day window to respond. I had no idea this law existed and so I am surprised and unprepared and have since read up on how doomed 99.995% of these cases are, So I called all of the AWA experienced attorneys I've seen listed in these forums after an exhaustive search for AWA cases here on VJ, each wants $100 for a consultation (ok sure) and there's a 2 month waiting period (I can't afford to wait). So it looks like I have to DIY file the NOID response. We didn't see any cases similar to mine on the forums so here's my situation.

 

Since everyone will ask, on the notice it listed the only arrest I've ever had - an indictment for two alleged serious crimes against a minor and a year later a follow up superseding indictment for two even more serious crimes against a minor - but it also listed in the NOID notice, within the very bullet point listing the indictments, that the final result/judgement was acquittal/not guilty in a trial by jury on all counts. At no time did I receive a punishment (other than a free 5 year all expense paid vacay through the criminal justice system and losing everything and everyone in total along the way) and my case was fully adjudicated at the time of the Jury's verdict after deliberating 45 minutes. At no time was I registered as a RSO or any kind of supervision or restitution. There are no other items hovering and this was about 14 years ago, but yes it was a very serious accusation with a potential for 35years each mandatory sentencing and consecutive sentencing if they wanted.

 

So, in the NOID letter it says I have the burden of proof to show that either - I am not subjected under the AWA -or- if I am I must show that i'm not a danger to my wife - obviously the former is my strategy. My plan is to venture to the courthouse and get several official copies each of the original indictment, the superseding indictment (where they added even more serious crimes), and the final judgement of not guilty for each count, sending by certified mail along with the cover letter they supplied and waiting.

 

My main question is - Am I making a serious mistake by DIY? It would seem to me that the official court documents would establish as a point of fact that the AWA doesn't apply to me since they're already aware I was found not guilty. Plus, it doesn't appear that any immigration lawyers with AWA experience are available for even a consultation much less representing me with all the ICE/Trump-mania in the news drumming up business.

 

Other general questions/concerns I have: 

1. Do they like want a narrative too?  Should I google how to do a brief or can only a lawyer do that? Would it be enough for a handwritten note saying, "Dear officer, I choose (1) i'm not subject to AWA, please see an abundance of proof attached"? Wouldn't the final judgement docs alone meet their burden of proof?

2. Should i get an FBI fingerprint check? (why when they apparently already know if you sneezed in High School and had it expunged and files incinerated) and I already had a FBI fingerprint a few years ago getting a conceal carry permit and it was empty)

3. While I'm at the courthouse do I ask for a Trial transcript? A letter from my inexperienced public defender? A psychologist? A lie detector? All these seem to me like requirements for someone that is subject to AMA and thus trying to prove they aren't a danger to their wife.

 

Thanks for any helpful replies VJ.

Yes I would get everything you can and even a letter from you and you’r wife stating that you are no risk to her, that’s all I found on google for you  or use ChatGPT that helps just ask it to give you what you need to prove for a NOID. Hope this helps and good luck 

[TBoneTX 47,292]

4 hours ago, Bit2121 said:

Yes I would get everything you can and even a letter from you and you’r wife stating that you are no risk to her, that’s all I found on google for you  or use ChatGPT that helps just ask it to give you what you need to prove for a NOID. Hope this helps and good luck 

1.  The OP hasn't logged on since March 2.

2.  Google & ChatGPT are no substitute for an attorney, which it's clear the OP needs.

[HowManyLettersFit 0]

5 hours ago, Bit2121 said:

Yes I would get everything you can and even a letter from you and you’r wife stating that you are no risk to her, that’s all I found on google for you  or use ChatGPT that helps just ask it to give you what you need to prove for a NOID. Hope this helps and good luck 

Those kind of letters from a spouse would be for someone who is subject to the provisions of AWA and is an actual potential risk, which I'm not. Showing I'm not subject to it should be my only requirement.

 

58 minutes ago, TBoneTX said:

1.  The OP hasn't logged on since March 2.

2.  Google & ChatGPT are no substitute for an attorney, which it's clear the OP needs.

1. Here I am, there's nothing new to relate. I submitted my docs without a lawyer or the G22 form. I am still awaiting their response. 

2. As I said in the thread I would have been happy to pay a lawyer, of the three names I saw floating around none would take an AWA case no matter how simple it was because they could not operate within the needed time period. Good or bad I will update when I get news and you can gloat or apologize then if you want

[Bit2121 0]

1 hour ago, TBoneTX said:

1.  The OP hasn't logged on since March 2.

2.  Google & ChatGPT are no substitute for an attorney, which it's clear the OP needs.

I mean if they need some help understanding it abit better that’s all, I would recommend getting a lawyer to make things easier though 

[Bit2121 0]

45 minutes ago, HowManyLettersFit said:

Those kind of letters from a spouse would be for someone who is subject to the provisions of AWA and is an actual potential risk, which I'm not. Showing I'm not subject to it should be my only requirement.

 

1. Here I am, there's nothing new to relate. I submitted my docs without a lawyer or the G22 form. I am still awaiting their response. 

2. As I said in the thread I would have been happy to pay a lawyer, of the three names I saw floating around none would take an AWA case no matter how simple it was because they could not operate within the needed time period. Good or bad I will update when I get news and you can gloat or apologize then if you want

Okay I’m so sorry I misread the tread, i hope you find what you are looking and I would try a lawyer it might be the best bet, sorry for any inconvenience 

[TBoneTX 47,292]

10 hours ago, HowManyLettersFit said:

Good or bad I will update when I get news

Hoping for the best.