Adam walsh act

[Lilaaaa 0]

I have a question and need help. My husband is not sure whether the girl in his case was a minor. He and a group of young guys were involved, " the chage was groupe sexual assault « and she was their friend. He doesn't remember the details because the situation traumatized him, and he tried to erase it from his life after serving two years in prison. 

My question is: if the girl had been a minor, is it likely he would have received only a two-year sentence? He did plead guilty. ChatGPT told me that in most cases involving minors, the minimum sentence is usually higher than two years. While we wait for the court report, I need guidance from someone who knows the law, because my life is on hold. Thank you.

[OldUser 10,995]

Do not rely on ChatGPT for legal advice.

This is a serious situation. It is hard to tell whether he is eligible to sponsor you, without court records. A lot depends on nature of crime.

[S2N 592]

You can probably look up his name on any of the public sex offender registries and see what the specific charge was.

 

Also, consult a lawyer regardless.

[Lilaaaa 0]

7 minutes ago, S2N said:

You can probably look up his name on any of the public sex offender registries and see what the specific charge was.

 

Also, consult a lawyer regardless.

He is not registered and he can travel anywhere inside and outside the us and he is working with union for more than 20 years but thanks I appreciate your reply 

[pushbrk 14,105]

2 hours ago, Lilaaaa said:

He is not registered and he can travel anywhere inside and outside the us and he is working with union for more than 20 years but thanks I appreciate your reply 

He either needs to search the records and find out of file in the blind. If his crime falls under the Adam Walsh Act, USCIS will find it and he'll hear it from them in a year or so.  He knows where the crime occurred, and when.  Searching for the record is not difficult.

[Ontarkie 15,076]

~~Moved to IMBRA Special Topics- As AWA threads have been discussed here.~~

[JeanneAdil 7,353]

you need an "excellent" immigration attorney

 

 

and i am sure the incident traumatized all those involved

but doesn't mean he gets to forget

not only does he need to know the details but he needs to tell you everything

if you are lucky enough to get to interview stage , the CO  will question you about his criminal past

 

2 years ?  he may have been a minor himself

OR 

that was a plea bargain for testifying 

 

all criminal charges are important for immigration and not looked at lightly not just the Adam Walsh act persons

USCIS  has the duty in these cases to ensure the USC is not a threat to the immigrant

if you plan for spouse visa , plan for a long process and possible waiver 

like i said "get a good good lawyer"

 

[S2N 592]

4 hours ago, Lilaaaa said:

He is not registered and he can travel anywhere inside and outside the us and he is working with union for more than 20 years but thanks I appreciate your reply 

He can go down to the courthouse he was convicted in and pull the records.

[JD2 205]

5 hours ago, Lilaaaa said:

While we wait for the court report,

Unfortunately, without the court reports, I don't think we can help much.

[Crazy Cat 45,766]

4 hours ago, Lilaaaa said:

He is not registered and he can travel anywhere inside and outside the us and he is working with union for more than 20 years but thanks I appreciate your reply 

In what country will you be interviewing?

[pushbrk 14,105]

1 hour ago, JeanneAdil said:

you need an "excellent" immigration attorney

 

 

and i am sure the incident traumatized all those involved

but doesn't mean he gets to forget

not only does he need to know the details but he needs to tell you everything

if you are lucky enough to get to interview stage , the CO  will question you about his criminal past

 

2 years ?  he may have been a minor himself

OR 

that was a plea bargain for testifying 

 

all criminal charges are important for immigration and not looked at lightly not just the Adam Walsh act persons

USCIS  has the duty in these cases to ensure the USC is not a threat to the immigrant

if you plan for spouse visa , plan for a long process and possible waiver 

like i said "get a good good lawyer"

This criminal record only matters in a spouse visa case, if it falls under the Adam Walsh Act.  None of the above matters one little bit (in a spouse visa case) if AWA is not part of the story.  But yes, how he feels about it has no bearing.  If it falls under AWA, it's probably wise to forget about bringing a spouse from another country.

 

This is the IMBRA forum, but this is not an IMBRA related case. It's about Adam Walsh Act only.

Edited 22 hours ago by pushbrk

[Lilaaaa 0]

14 minutes ago, Crazy Cat said:

In what country will you be interviewing?

Algeria

[pushbrk 14,105]

7 minutes ago, Lilaaaa said:

Algeria

Doesn't matter in this case.  What matters is AWA or not.

[Crazy Cat 45,766]

1 hour ago, pushbrk said:

Doesn't matter in this case.  What matters is AWA or not.

I was afraid it was Philippines. 

[pushbrk 14,105]

I don't understand why AWA issues are being discussed in the IMBRA topics forum, but since the Moderators decided to keep it here, let's make a couple things clear. 

 

1.  IMBRA and AWA came to be around the same time, but they are very different. IMBRA does not apply to spouse cases, and it isn't about any US Government staff determining whether the petitioner is dangerous to the foreign fiancee.  It's about making sure the fiancee is fully informed. PEROID.

 

2,  AWA related convictions relate to both spouse and fiance cases, and definitely ARE about US Government employees judging whether the foreigner is in danger from the USC petitioner.  AWA convictions don't usually get approved by USCIS at all, but they are NOT about informing the foreigner.  That won't help get the petition approved.

 

3.  The only way it would matter if it's the Philippines is that the foreign spouse can't get a divorce there.  If divorce is decided, the USC has to get it, and then cooperate with the former Filipino spouse to provide the necessary documentation to get the divorce recognized by the Philippine Statistics Authority, so the Filipino can be free to marry again.