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Posted

Hi everyone,

I’m hoping to connect with anyone who has been through something similar because this has been extremely stressful.

My husband (U.S. citizen) filed an I-130 for me (marriage-based AOS, filed August 2025). We just received a Request for Evidence / Notice of Intent to Deny under the Adam Walsh Act.

Here’s the background:

• In 2020 he was arrested for third-degree assault, child abuse, and domestic violence after an argument with his ex-girlfriend.

• The child involved was their infant daughter who was present in the room during the incident.

• The child abuse charge was dismissed.

• He was ultimately convicted only of misdemeanor harassment.

• He successfully completed probation.

• There were no injuries to the child and no sex offense involved.

USCIS is now saying that based on his conviction of a “specified offense against a minor,” the petition may be barred unless he proves he poses “no risk” beyond a reasonable doubt.

We have an attorney and are preparing a response, but this has been overwhelming.

Has anyone here:

• Successfully responded to an Adam Walsh NOID?

• Had USCIS treat a non-child conviction as a specified offense because of underlying conduct?

• Been approved after proving “no risk”?

I’m especially interested in real outcomes — approvals vs denials ?

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Welcome to the forum!  Sorry that you're in this mess.

This is definitely a matter for a GOOD attorney.

Hopefully, folks will be along to offer specific experiences.  This is a very low-traffic subforum, so be patient.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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