s.o.

if you are a sex-offender and you are convicted and you apply for a K1 visa the USCIS will deny you! the Adam Walsh Act is clear that you are excluded unless you can prove that you are NOt a threat to your fiancee'! i hope that you can satisfy them if you apply...

any ideas?

is anyone interested in bringing a lawsuit against USCIS for this issue?

... Happy New Year!!!

... i personally am dealing with the CALIFORNIA SERVICE CENTER but this question applies to ALL Service Centers... How are your dealings going? Are you being told to wait? Have you been able to contact ANYONE from your Service Center?

... if you have any ideas, knowlege or contacts please share with us all!!!

if you are a SEX-OFFENDER, you fall under the ADAM WALSH ACT, you have filed a K1 VISA and you are waiting for the USCIS to make a decision on your case then tell us how long have you been waiting?

1. DWAINSROCKIN July 2007

Congratulations Angie and Shayne!!!

I'm so happy for you... God has really blessed you! I wish that our petition will also be approved.

God bless us all,

mil

i do pray that HE will here us baby. no matter what happens the Lord knows whats best. we must accept what will be... I Corinthians 2:16 MAHAL DIN KITA...

Hello well here is the good news. I received my approval notice today. My case showed enough evidence i Pose no rosk to my wife. ADAM WALH WAS DEFEATED. Adam walsh filers rest at ease,

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN Current Status: Approval notice sent.

On June 2, 2009, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

I worked very hard on this case. With polygraphs, letters from family memebers. I will work very hard this week for others to know my portfolio of what I sent to get this approved this week. Peaple that prayed for us thank you sooo much. God bless you all.

Shane & Angie

Congradulations and thank God! i know that you have been through a lot and it is significant to see that you have completed this part of the process and have been successful. i truly wish you strength and insight into the next chapter in this ordeal. may God continue to bless you guys...

i am just about to submit my response to my NOID and we shall see what the future will bring. i am one of those men who committed an offense against a minor and i am a convicted sex-offender. i must register quarterly for the rest of my natural life. i too trust that the LORD will do what is best and that i have the courage to accept what will come.

Update on our case,

Our NOID evidence was received by USCIS on April 3, 2009. We sent in polygraph results letters from our pastor and my wife of her knowledge of my past conviction from 12 years ago. I also sent in evidence i do not register as a predatory offender or any risk to the community.

I have also prepared an organized letter about what happened pertained to my past conviction and the remorse I have had about my past with this conviction. I also sent in old treatment files and my updated Polygraph test pertaining there has been no other victims since completing my probation. This test came out very strong and on high scores of no deception indicated on the results.

all my letters from pastors, my wife and the Polygraph results were all letter headed attention to USCIS and Homeland security. The documents were made out to look as if they were prepared for them. this was what was advised to my by legal council.

Now we wait to see what the ending result may be. ADAM WALSH filers’ take a deep breath and wait for the results on my case. If there is anyone that can pass this new LAW it would be a example as a person like my case. I have full court order of my two boys, if this is not enough for them just seeing that nothing is. But I do feel strongly this will be enough with everything I sent. Keep us in your prayers and have faith. As for Treatment evidence this is helpful of course. But really the result is do you pose a risk to your wife? No test or sex offender treatment provider is going to say you do not pose a risk, because they do not really know if you do. All you can do is prove you have no violent past or any violence involved in your convictions.

Shane Y Angie

i am so pleased to see that through all of this your FAITH is still strong and your trust in the LORD is whats most important. no matter what happens we know that all things work out the way it is to be. my prayers are with you two... dwain

I don't recall the original poster asking to be judged, correct me if I'm wrong, but I thought he/she was posting information about a unique case. For those who might want to judge, if you can't say anything nice, don't say it at all. I believe that was a lesson I learned when I was 2?!?

With that being said, there are organizations fighting AWA and states have already found some of its Title's unconstitutional. This might be one of those. This might be the only way for you to win - what right does the government have to determine the who you can/cannot marry? What right does the government have to determine if your fiance is safe? Shouldn't she make that decision for herself? In reality, this part of the law punishes the partner who isn't on the registry as well, a person who has probably never committed a crime. This law was passed to protect children, not adults, but is being applied to adults with no evidence that RSO's who are filing I-130's have ever committed sex crimes with those they've petitioned for. They know a certain # of RSO's have filed petitions, yes, but what does that tell us about the crimes they've committed? Nothing. So, like I said, this might be the grounds for the fight. Additionally, the cost you are going to have to incur because of this is ridiculous and not well thought out by those who passed this part of the law ... I'd fight that too.

On another note, here's a link to a variety of risk assessment tools for RSO's (http://www.ojp.usdoj.gov/BJA/evaluation/psi_sops/sops-tools.htm). The STATIC-99 is the currently the most accurate predictor of RSO risk (although it still makes errors about 30-40% of the time). These are designed to be easy and inexpensive to complete requiring only the facts of your case. Use these risk assessments in combination with other evidence of rehabilitation as they do not have 100% predictive validity. If I can help you in any way, please let me know.

BTW - my husband, a USC, is an RSO and he sponsored me for permanent residency the year before AWA passed. I'm stuck in I-751 right now (I filed almost 2 years ago). We've contacted a national organization that works for immigrant rights (lawyers) and they're researching our case right now. If they hear from others that this AWA & USCIC stuff is a problem, they might work more quickly on the issue. I can send you their information in a PM if you want it. I've been married for 5 years and am head over heals in love with this man who I've built my life around. I'll fight with every ounce of energy I have if they deny my case and tell me I'm being deported for falling in love with a man who made a mistake when he was 17 years old (20 years ago).

it is nice to know that there are people like you who are looking for solutions to these problems and are not wasting there time with useless judgments that help no one.

i would appreciate the information you spoke of and any information you have that may help us.

from what i have been reading, updates from a Colorado RSOL group,the STATIC-99 is receiving a lot of negative press these days. it seems that the grading system used is not very specific.

i sure hope that all goes well for you guys and i look forward to further communications together... dwain

the Adam Walsh Act strictly forbids anyone who has been convicted of any " specified offense against a minor " from filing a family-based petition on behalf of any beneficiary, unless you can prove beyond a reasonable doubt that you pose no risk to the safety or well being... ". in my case i am a person who has been convicted of an specified offense against a minor and at this time i now have to prove to the USCIS that i am not a threat to my fiancee' and i have this one chance to do it or my petition will be denied. the suggested guidelines of evidence that may prove my non-threatening self basically involve professional evaluations and documentation that is very similar to the type that one receive if they were in counseling or group therapy. this may include polygraphs, ABEL screening and/or very complicated and in depth behavioral assessments. these paticular evaluations are costly and will require time and dedication to complete. i have started to gather information and make preparations, to prove to those who are in the positions to decide our future, to get our petition approved so that my honey and i can be together. we will see this through til the end. there are others that are also waiting to be approved so please share your experiences so that we all can benefit...

I am sorry to hear about your case. I hope you will make it through. Open your mind and heart about the possibilities. There were applicants who were denied even with strong evidence presented. I had a friend who had a consul bf, and he said that Adam Walsch is one very important part of the process. I am telling you this because i want you to be strong and be ready. I wish you luck and your fiancee.

thank you very much for you encouraging words. take care... dwain

the Adam Walsh Act strictly forbids anyone who has been convicted of any " specified offense against a minor " from filing a family-based petition on behalf of any beneficiary, unless you can prove beyond a reasonable doubt that you pose no risk to the safety or well being... ". in my case i am a person who has been convicted of an specified offense against a minor and at this time i now have to prove to the USCIS that i am not a threat to my fiancee' and i have this one chance to do it or my petition will be denied. the suggested guidelines of evidence that may prove my non-threatening self basically involve professional evaluations and documentation that is very similar to the type that one receive if they were in counseling or group therapy. this may include polygraphs, ABEL screening and/or very complicated and in depth behavioral assessments. these paticular evaluations are costly and will require time and dedication to complete. i have started to gather information and make preparations, to prove to those who are in the positions to decide our future, to get our petition approved so that my honey and i can be together. we will see this through til the end. there are others that are also waiting to be approved so please share your experiences so that we all can benefit...

UPDATE: here is a good example of what to expect if you get the " letter of intent to deny..." if you choose to start the process where you are going to be assessed to see if you are " a risk to the beneficiary " that is your fiancee, and you go in for testing ,for example , ABEL screening, you can expect to pay $1600.00 to start. this is based on local costs here in my area. but please realize that this is just an idea and you should be prepared to spend much more money in your cause. how about some of you people that are dealing with AWA call around to your local area SEX-OFFENDER TREATMENT specialists. ask for the costs of a Polygraph, Plethysmograph, Abel Screening, etc , etc. how about asking for the costs of a Psychologist to evaluate you. if you do this please share your information with us all...

the Adam Walsh Act strictly forbids anyone who has been convicted of any " specified offense against a minor " from filing a family-based petition on behalf of any beneficiary, unless you can prove beyond a reasonable doubt that you pose no risk to the safety or well being... ". in my case i am a person who has been convicted of an specified offense against a minor and at this time i now have to prove to the USCIS that i am not a threat to my fiancee' and i have this one chance to do it or my petition will be denied. the suggested guidelines of evidence that may prove my non-threatening self basically involve professional evaluations and documentation that is very similar to the type that one receive if they were in counseling or group therapy. this may include polygraphs, ABEL screening and/or very complicated and in depth behavioral assessments. these paticular evaluations are costly and will require time and dedication to complete. i have started to gather information and make preparations, to prove to those who are in the positions to decide our future, to get our petition approved so that my honey and i can be together. we will see this through til the end. there are others that are also waiting to be approved so please share your experiences so that we all can benefit...

Wish I could say I felt bad for you but if you did the crime then you have to deal with the consequences.

you take care and good luck to you!

hi dwainsrockin,

pls read my last topics i thought u read ,i wrote few days ago that last week i got same thing u ll find the topic where i sayed that where angieYshane sayed in janury they got letter of intent to deny i wrote few days ago there when i got this nottice so we keep in toucht ok?

no worries everything will be fine this days i ll let u know what we thought as evidences.

As for u Betsy El Sum ,we Adam waslh filers dont need to heare u or anyone else feel bad for us so i think u should be quaiet cause ur not in our shoes,and dont tell us about dealing with the consequences ,cause i feel i should not write u so many words ...but all this Adam Walsh filers who made a crime 10 or 12 years ago believe me they payed for what they did ,so write in the appropriate topic this is open for us the ones who are dirrectly involved in this situation,if u dont have what to do watch a movie or go and have a walk and breath fresh air,im sure u know many men arround age of 20 having sex with a girl under 18 ) so pls give us a breack... with ur comments .

And for everyone in this problem good luck!!!

Rachel

you are kind and encouraging with your comments, as usual. when i post somethign here i expect to get comments of all kinds. thanks again and stay strong my friend...

Thread with this info the OP is seeking

thanks!!!

How recently were you convicted of such a terrible crime? If it was within the last five or so years, you don't have much hope of getting the petition approved no matter what counseling you have gone through. All things considered, if you are really in love with this Filipina, you may have a hope of starting a fresh life in the Philippines (not that they tolerate child molesters either).

my crime was in 1993. i appreciate your opinion and please feel free to comment further. as to your comment that filipinos dont tolerate child molesters i cant say either way, i dont know. if you are making an inference to me then please feel free to say what you wish!

the Adam Walsh Act strictly forbids anyone who has been convicted of any " specified offense against a minor " from filing a family-based petition on behalf of any beneficiary, unless you can prove beyond a reasonable doubt that you pose no risk to the safety or well being... ". in my case i am a person who has been convicted of an specified offense against a minor and at this time i now have to prove to the USCIS that i am not a threat to my fiancee' and i have this one chance to do it or my petition will be denied. the suggested guidelines of evidence that may prove my non-threatening self basically involve professional evaluations and documentation that is very similar to the type that one receive if they were in counseling or group therapy. this may include polygraphs, ABEL screening and/or very complicated and in depth behavioral assessments. these paticular evaluations are costly and will require time and dedication to complete. i have started to gather information and make preparations, to prove to those who are in the positions to decide our future, to get our petition approved so that my honey and i can be together. we will see this through til the end. there are others that are also waiting to be approved so please share your experiences so that we all can benefit...

i am a convicted Sex Offender ( position of trust... ) ... there is also a considerable social taboo regarding Sex Offenders, especially those involving rape and/or underage pers ons, that has become the scarlet letter of the day. now i could go into all the ramifications of this issue but let me focus on this idea, that once you are convicted of a crime, serve your sentence and satisfy the courts decisions, you are not in jeopardy of being convicted of that same crime again. however, we all know that Sex Offenders are the scapegoats of the day and that this is a very clouded issue to deal with. if you are a violent predator, you continue to act out and hurt others making more and more victims and you willingly break the law then it stands to reason that you will/deserve to be punished in this life and the after life. with this all said my point is that if i have paid my debt to society then why does our federal goverment feel the need or have the right to decide whom i will choose as my wife? who has ultimately given this power to the uscis or secretary of homeland security? this is still America! we must stand up for our rights or we may loose them...

Position of trust is the worst of all.

Choose anyone you want to marry. Just don't expect the US government to allow that person to come here to face potential abuse of themselves or their children.

You aren't being made a scape goat. You are the reason child protection acts are created in the first place. If there weren't people like you, there wouldn't be a need to restrict immigration on the basis that the petitioner is a convicted sex offender.

Why don't all of the predators just move out of the country instead of sitting here complaining as though something you were never promised as a right has been taken away from you? If you are so darned in love, move to be with her. If you care so much, move to take care of your spouse. But to sit here and I'd say "fight" a losing battle but you don't have any ability to fight nor chance of winning so what exactly are you still doing here? Whining about your plight isn't going to achieve anything. And personally I have no sympathy.

may i say that you are free to say what you wish and i sine you took the time to comment to me i will respond in kind. are you waiting on a visa that is somehow affected by my criminal past? have i somehow caused your visa to be slowed? i appreciate your distain for people like me and i even respect it yet i hope that you are also sharing your concerns about habitual drunk drivers who run over small children or all the other criminal types running around out here.

may i add that we all sin and are nor perfect, i am perhaps the worst, yet as long as i am a citizen then i will use our system of goverment and if it does not work for me then i will say something about it.

God bless you...

In general, I agree that sex offenders should be treated as harshly as possible, child molesters in particular. Yet not every guy or gal knows that if one is 18 or above (an adult) a 16-year-old is off limits.

that's odd, as i certainly remember learning about that when i was 17. and it was not via my parents either.

may i say that the issue here is the rights of an american citizen to use the system for its full benefit. case in point, myself, i am a convicted sex-offender, i have successfully paid my debt to society as the courts mandated and now i have choose to apply for a K1 Visa. when i completed the application the ONLY stipulation that mentioned anything about a sex offense was the IMBRA guidelines. may i ask , do any of you that filled out this same application remember anything about the Adam Walsh Act? it seems to me that the application should have had clear guidelines that quote the section of the AWA that deals with sex-offenders, etc. this would have saved many of us the ordeal we now face and may i add that the uscis will eventually have to deal with this also. so now we find ourselves in a waiting game... wait...wait.

i would like to talk with those of you who may be interested in starting a petition to ask the uscis to deal with these issues within a reasonable time frame. it has been 1.5 years since my receipt was sent to me, of course i am impatient!, how long will you wait? what do you think? what other action may be nessacary to get our petitions processed in a fair and reasonable amount of time?

when i filed in july 08' i knew that it would be an uphill battle but i had no idea what would really happen. the I 129 F petition is clear about IMBRA yet there is nothing about the Adam Wash Act. since i have become aware of the AWA, this was only in the last few months, i have wondered why does the USCIS just not deny everyone involved? it seems to me that the as american citizens we have the legal right to use the USCIS and to file petitions for this and that. we paid out filing fees and now we want service. when the AWA was signed into law this provision stating " ... pose no threat to... " is an obvious loophole allowing the sex offender/petitioner the possibility of being accepted. so here we are, the USCIS has to be careful in how they will respond to this issue as whatever decision's they make will be the presidence that all will be judged by and they have to avoid any wrong doing by depriving the petitioner of the legal right to file and expect a favorable response. perhaps all of we petitioners should get together and collectively put our concerns into written form and submit it to all parties involved? congress persons, ombudsmans, senators, uscis, homeland security and president obama. we are involved in this system and we should do all we can to get clear directions and favorable answers to our issues. please share your comments and opinions with us all...

That is a very good point. That was also mentioned to me in speaking with the congressman. It does play a big part in sex slavery "in fact". Seems to be allot of these cases in the past with sex slavery. This whole Adam Walsh act could be part of there screening process. Because if you really see what this new law Say's, it Say's that all sex offenders are not eligible to file, unless the the adjudication officer feels you POSE NO THREAT. Then you have to go through the steps for Biometrics to have your information in the system in case for some reason you file again in the future for another petition for a spouse , fiancée etc.

Now the good question i will ask in my Interview Monday with my appointments scheduled in Portland will be is why are all these cases still pending if a person is a sex offender? Why are they not flat out giving a denial's to the petitions?

Well there again they were quick to adopt this law and maybe did not think about those who may file many law suits once Immigration replies with a denial. Ether because personal civil right are being violated or some other unconstitutional law being broken. I heard ACLU just picked this Adam Walsh law up. It's also losing from state to state battles due to unconditional laws. "Look at Nevada just recently it was held back".

Example like my case i did my probation, I'm not registered as predator sex offender. I have full court order custody of my children, It was a statutory situation. The Adam Walsh really was more intended for INTERNET predator's and to crack down on them. Now Immigration was quick to adopt this!!! It freak en has nothing to do with Internet, but to have another way to deny petitions and make sex offenders think they cannot bring there spouse here. This is my fight and the reason I have gotten as far as i have. Yes my past was a BIGGGG mistake, and i know I should have used better judgment in my decision. I'm not here to be in denial. But it was 12 years ago and I'm done with being punished for it. I will keep fighting until I get my wife home with me and my children.

when i filed in july 08' i knew that it would be an uphill battle but i had no idea what would really happen. the I 129 F petition is clear about IMBRA yet there is nothing about the Adam Wash Act. since i have become aware of the AWA, this was only in the last few months, i have wondered why does the USCIS just not deny everyone involved? it seems to me that the as american citizens we have the legal right to use the USCIS and to file petitions for this and that. we paid out filing fees and now we want service. when the AWA was signed into law this provision stating " ... pose no threat to... " is an obvious loophole allowing the sex offender/petitioner the possibility of being accepted. so here we are, the USCIS has to be careful in how they will respond to this issue as whatever decision's they make will be the presidence that all will be judged by and they have to avoid any wrong doing by depriving the petitioner of the legal right to file and expect a favorable response. perhaps all of we petitioners should get together and collectively put our concerns into written form and submit it to all parties involved? congress persons, ombudsmans, senators, uscis, homeland security and president obama. we are involved in this system and we should do all we can to get clear directions and favorable answers to our issues. please share your comments and opinions with us all...

There is another person who I was in contact with going through this process but I haven't heard from him since august. USCIS had sent him for biometrics, evaluations with therapists and for polygraphs at that time.

wow! this is the only posting i have found that actually goes beyond the filing of the petition and the usual "wait" responses. i have personally done my biometrics earlier this year but... if you can let me know who this "person" is i would appreciate it. perhaps his case is further ahead then all of ours and it will be beneficial to know his status. thank you, please respond... D

i am a convicted Sex Offender ( position of trust... ) that has filed an I129F petition (08/2007) and i have yet to be approved/denied. earlier this year i went for Biometrics but every time i contact the uscis i get the usual " wait...45days, 6 months... " reply. i am considering all avenues to get a favorable response to my petition and will be glad to discuss your ideas and plans.

i will state here and now that breaking the law is wrong and having sexual contact with persons who are not able to legally consent is wrong. i also realize that there is always cause and effect, you break the law then you must pay for the crime! there is also a considerable social taboo regarding Sex Offenders, especially those involving rape and/or underage pers ons, that has become the scarlet letter of the day. now i could go into all the ramifications of this issue but let me focus on this idea, that once you are convicted of a crime, serve your sentence and satisfy the courts decisions, you are not in jeopardy of being convicted of that same crime again. however, we all know that Sex Offenders are the scapegoats of the day and that this is a very clouded issue to deal with. if you are a violent predator, you continue to act out and hurt others making more and more victims and you willingly break the law then it stands to reason that you will/deserve to be punished in this life and the after life. with this all said my point is that if i have paid my debt to society then why does our federal goverment feel the need or have the right to decide whom i will choose as my wife? who has ultimately given this power to the uscis or secretary of homeland security? this is still America! we must stand up for our rights or we may loose them...

There is another person who I was in contact with going through this process but I haven't heard from him since august. USCIS had sent him for biometrics, evaluations with therapists and for polygraphs at that time.

wow! this is the only posting i have found that actually goes beyond the filing of the petition and the usual "wait" responses. i have personally done my biometrics earlier this year but... if you can let me know who this "person" is i would appreciate it. perhaps his case is further ahead then all of ours and it will be beneficial to know his status. thank you, please respond... D

Hi - There seems to be much speculation and misinformation here. I am an Adam Walsh Petitioner ! The law is so new even the immigration lawyers do not know how to interpret it. Let's share our experiences and stick to the facts !

The term "Sex Offender" is so broad and this catch all law really makes no sense, regardless of the motivation for wanting to protect women and children. There was no thought given to individuals who may have minor offenses, one-time offenses, completed treatment programs, etc...

Please share your experiences if you are a petitioner, let's help each other ! What strategies have you employed? Has anyone received a denial? Is there an appeals process? Waivers?

I will not give up I have the right as a U.S. citizen to be with my loved one

i too am in this situation and i will share anyinformation i obtain. what i am trying to figure out is how to get the USCIS to make a decision, Yes or No to my petition. i think there plan is to wait and wait and then wait some more hoping that we will just forget it. the USCIS must be careful how they proceed as to avoid any legal contest. i think that the issue of sex offenders being banned fron being approved for K1 or K3 visas will have to be considerd and decided in a court of law!

let me ask you a ? when you prepare dyour k1/k3 application did you ever read anything about the Adam Walsh Act? anything at all? why would they not just make it clear that NO SEX OFFENDERS NEED APPLY? i will tell you why, because they are making money off the application fees!

i truly hope that a solution will be found that will benefit our country and those of us who are just trying to be with the one that we love.

what do you think? dwain

Just from people who have posted on this site, I don't know that any sexual offender has been successful in getting a K visa petition approved. This isn't to say that there hasn't been anyone. VJ only has a very small portion of people petitioning. There is another thread in this IMBRA section posted here:

http://www.visajourney.com/forums/index.php?showtopic=138175

There are approximately 66 posts in this thread, however some are from people who are in the same situation and could prehaps provide you with information as to their journey.

Hope you find some answers. It's appreciated if you are successful, or any information you do have, if you come back and share it with us, so we can help others.

Thanks!

thank you very much! God bless you ...

i filed my k1 visa in 08/2007. i received the first letter of stating that my application was received and it has been pending since then. i am a convicted sex-offender and i fully disclosed this information in the application. i have received an email from USCIS stating that my case needed " further background check ", that was about 6 months ago. i calle duscis but i was told i had to wait 6 months for processing to continue and that if i did not receive notification after 6 months to call customer service back. well i will be calling again this week to ask why my application is our of processing time and i will hopefully get further information at this time but i fear that this will continue on and on.

is/has anyone here been in this situation? do you know if there are cases denied r/t imbra? have you waited this long without a decision? please give your feedback if you can... God bless