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SRNCR

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About SRNCR

  • Rank
    Member
  • Member # 303681
  • Location Minneapolis, MN, USA

Profile Information

  • Gender
    Female
  • State
    Minnesota

Immigration Info

  • Immigration Status
    Adjustment of Status (pending)
  • Place benefits filed at
    National Benefits Center
  • Local Office
    Saint Paul MN
  • Country
    Australia

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  1. No idea. They originally accidentally put the request on my i485. Despite me calling several times during the expedite process and asking them to cancel that request so the new one could be processed on the correct form it never was cancelled and this letter had to do with going to infopass with evidence for my i485 expedite. When I called to ask what to do they said make the infopass appointment and go there with your i765 expedite proof and just tell them again at the infopass that you dont want the i485 expedited. Such a nightmare 😬
  2. I got a response from a lawyer I contacted today. They said "It may or may not be an AWA issue. In the criminal case, the government had the burden of proof and a deal was cut. In the immigration case, your husband has the burden of proof, so the standards are different. You still have a statutory interpretation issue, but a state court determination does not resolve statutory interpretation for U.S. immigration purposes. It may not even be that there was any interpretation of statute in the criminal matter, which is likely the case." Sounds like something that will need to be pondered further should we engage them. Also sounds like we're going to get a lot of guessing until it comes time to actually challenge the law. I've got an infopass appointment which I will attend soon too because I requested an EAD expedite and they requested I attend to provide the evidence for it so I'll see what I can find out about what's going on. At this point theres actually nothing going on lol but we will have to see what happens in the future.
  3. Guys unless you literally are either a lawyer and can give advice or have personally experienced this do you mind if we dont guess anymore on it until I talk to the lawyers? I do appreciate your help though!
  4. When it refers to 'B' and 'C' it refers to a separate subsection not the specified offences. Those separate subsections note circumstances where consensual sex with a minor is not an offense under the Act and notes how foreign convictions are treated. That's why they do not have discretion and are bound by the letter of the law. Also the original charges cannot be used because he was not 'convicted' of those crimes which is required. Please be sooo careful when giving out information like this. If I wasnt a lawyer myself you'd have me worried 😬. In that matter there was no argument that he wasnt more than 4 years older than her so or that it fit under the AWA and that's why they had discretion on the matter.
  5. Sorry I definitely have to disagree with you on that one. They are bound by the letter of the law in that there are a list of specified offenses against a minor and then preclusions of offences that definitely dont fit that criteria. Our case will hinge solely on whether there is a strict interpretation of the four year rule or not. If there is then the case will be considered as a whole because they have discretion. If not, there wouldn't be any room for them to still go ahead and apply the AWA when the law specifically states a case with those circumstances doesn't fit. Hopefully the lawyers get back to me tomorrow re a consultation anyway so we'll see how it goes.
  6. Just out of curiosity what makes you say that? I realize there is an extra four months than the four years, but his charge also required him to be no more than 4 years older than her and that was applied. It will really largely depend on the interpretation of the law. I'll become concerned with proving the 'no risk' issue if that becomes an issue.
  7. yeah it would be much more preferable if it didn't get to that but time will tell. I tend to feel like it won't get to that but want to be prepared in case.
  8. Yes agreed! I will update once we've seen a lawyer
  9. I would agree with you BUT they would be considering something that MIGHT happen in the future and not the facts. It would be irrelevant and definitely an error of the exercise of discretion then. There's no guarantee we would be able to have a baby or that we won't change our minds in the future. Also the reason my husband's offence was set apart in the law and he was never assigned an offender level etc is because his behavior was opportunistic rather than predatory so I think that could really be argued against if for some reason it did pose a question.
  10. I am 23 and he is 27. Yes eventually we will have children.
  11. My husband's other crimes are theft/ possession of marijuana (same event) and bail jumping. I know they are concerned about my safety but from what I've read on here about the other crimes as long as I'm fully aware of the details it has been okay. I would also think that him bettering himself would go a long way to proving that the risk to me which would be posed if he reoffended is reduced because he's moving himself in a better direction. Additionally, by the time we have our interview etc I would imagine we'll have lived together around a year or more with no issues so that would speak in our favor too. He has to register with police because of the misdemeanor, it was a part of the deal.
  12. Okay, thank you. Yes he does have other non-AWA convictions. None since 2015 though and he has done several programs which demonstrate that he is rehabilitating and he has started a 4 year degree program so I think he can show a clear path of leaving his old life behind and bettering himself.
  13. Okay so does anyone know when that is when it is concurrently filed with an i-485? Baring in mind also that Potomac is currently processing September 2018 petitions and my i-130 was lodged August 2018? I am pretty sure they approve the i-130 only when the i-485 is adjudicated though. Would they do it after my biometrics are taken (which as I said was January)?
  14. Do you know when in the AOS process they will background check him? I agree I think it's likely we will get an NOID unless I guess they research his charge and realize that requirement in the statutes and then dont pursue it any further? Who knows how in depth they look though. I've emailed a few lawyers who specialize in AWA issues and offer a free first consultation just to see if we can at least get some opinion.
  15. He was charged in Wisconsin. They can still consent when they are underage, which is why most states have the difference between rape and other charges. He does not have to register under the Adam Walsh Act. He was never assigned an offender level. He does have to keep his details updated with the police but is not listed on any public register. He told me as soon as we met and the full details, I just didn't know about the AWA and it's effects on immigration
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