eagerly

How about this phrase...."deport a noncitizen for a crime committed by someone else" Link provides The BIA's Adam Walsh Act Trilogy: Seems they are preparing for another amicus...wonder why this cant be brought to Congress if there are plans of reforming the immigration laws.

http://crimmigration.com/2014/05/29/the-bias-adam-walsh-act-trilogy.aspx?ref=rss

Remember the Haverly Case Amicus Curiae...well here is the decision from the BIA http://www.justice.g.../vol26/3800.pdf

Those whose conviction is before the AWA...here is the decision ...http://www.justice.g.../vol26/3802.pdf

Sorry to break this news and link...we ourselves are devastated...

Remember the Haverly Case Amicus Curiae...well here is the decision from the BIA http://www.justice.gov/eoir/vll/intdec/vol26/3800.pdf

Those whose conviction is before the AWA...here is the decision ...http://www.justice.gov/eoir/vll/intdec/vol26/3802.pdf

When we filed, AOS, EAD & AP, it was sent to Chicago. When we went for biometrics, 2010, it was San Antonio, Tx.

Nothing happened besides the NOID, until this year in April 2013, when we were advised that our case was transferred

to Vermont. So almost 3 years. Then on Monday, July 2013 we got a denial email. Still do not know what the denial

is for tho. AWA or the AOS??? They say it's in the Notice - cannot even hire a lawyer until we know what to tell them the

denial is for And they only give 30 days. So yeah, very stressful - got a lawyer lined up, if we can appeal, but if it is due

to the AOS,no denial appeal right? Just another day in the good old USA. I could go on about our life and all our responsibilites

about work, parents poor health, what we are needed for, etc. But what good is that. Everyone assumes that a Sex Offender

is just that. From morning to nite, just preying on anyone and everyone Gawd, it just kills me that mistakes happen, people

make mistakes and not even against little children that are so precious. But A HUNDRED YEARS FRIGGIN' later we are living

life, have not harmed anyone, and it will definitely take away from the family unit should the visa not be approved. So sad about

all these invisible lines around the world - where we can live - who we can marry and not worry about separating loved ones.

Okay that's my rant

Will let everyone know what the letter says when we get it.

If the petition I-130 and AOS was filed at same time, you will probably get two denials. For what reason, we still do not know. However, if your case was moved from Chicago to Vermont..then it must be an AWA case that was process by Vermont Specialized AWA Team. You are the second case that I have read were Vermont has denied. When an AWA case is denied by Vermont, that really would be scary for the rest of those whose cases are in the field offices.

Cantex, the I-130 and AOS have different Receipt Numbers. Have you check in the Case Status if it was the I-130 or I-485 (AOS)? If none, you would probably get the letter a week or two.

This is statement is soo wrong

Allow me to educate you with some questions

The 2 children at 7 years old caught touching each other: di you consider them sexual predators?

The new 19 year old who's GF was 16; is that person a sexual predator?

Is the drunk college student arrested for public urinating at 2am a sexual predator?

The person arrested for selling drugs a sexual predator?

The person arrested for assaulting no sexually his ex-wife is he a sexual predator?

I can go on but I know you get the drift of how wrong your remark was.

Now the AWA which was created to protect is harming Millions of people or putting them in danger because the real predators hide among the 750K on the registries if they are even registered

Immigration wise the USCIS can only apply what they were given which was no to clearly differintiate the dangerous from the safe petitioners which has caused the hardship of these families...mark my words these type of laws come back and bite the tax payers in the Azz just so the lazy few and the fear mongers can have a false sense of security.

Thousands of legitimate families suffer from this bogus law.

Quote: ......Immigration wise the USCIS can only apply what they were given which was no to clearly differintiate the dangerous from the safe petitioners

I still believe that determination should be performed by USCIS psychologist if there is one and not by a regular USCIS officer.

This is the second denial read under this forum for the last 2 weeks. If OP reads, which USCIS office is your case at?

I disagree most are not a threat as every study has indicated.

Although I was never a sex tourist (please forgive the so called discription) many men not just RSO and not just americans...Asians, Asutralians, Europeans, Middle Easterners travel to southeast Asia including the Phillipines to participate in this.

No excuse just fact.

I do agree someone that is currently on probation/parole should not be traveling but if USA wants to mandate 10, 15 , 25 year registration on people then the registration should not be public nor international unless and investigation is opened from another country regarding illegal actions of someone there. someone given life registration has been deemed dangerous and should be watched at all times...keep in mind there are people placed on the registry as such for minor offences.

If the Phillipines wants to stop the sex tourists then they need to stop the political corruption from pulis to judge to senators then crack down on the bar owners and the girls selling themselves.

You say why the girls because just as it is here in the USA there is human trafficing and there are the women who sell themsleves without being forced to do so. So to stop human trafficing and protect the victims you must stop or control the legal selling of sex as in Nevada.

BTW if you stop the girls here I do worry that the kidnap scams from other 3rd world countries will increase trapping these women overseas against their will.

As for being trapped in the USA I spend more money than alot of people earn in a year in the USA maintianing a townhome and my fiance in the Phillipiines and then traveling to be with her 40 days a year. Why; because I love her and the USA citizens/USCIS are controlled by fear mongers and I refuse to be subject to their BS.

I am not registered but BS laws like this are forced by the USA and as we all know once they pry a little they go for more.

not sure if I understood things right...the Philippines is denying entry to US visitors who are RSO only? The OP mentioned process undertaken within the US. Is it really the Philippines stopping them to allow US visitors with sex crime records to enter or USA has negotiated not to allow people with such records to enter? The Philippines should apply it to all visitors not just to US visitors.

Were they denied entry because the RSO failed to inform the law enforcement officials in their jurisdiction of the plan of leaving the US and will be travelling to another country?

It seems that they have no intention of changing Sec. 204 of the INA that relates to AWA petitioners. Go to www.aila.org and do a search on topic "Sponsors' Amendment to S.744". It is a pdf file, and pages 123 to 126 (line 1), with page 126 giving the government "unreviewable discretion". Thus, if this remains the Board of Immigration Appeals may just put aside or trash whatever amicus curiae they have at hand on why AWA denials should be reviewed by them.

Here's the link...http://www.nicklausmisiti.org/nicklaus-misiti-appealing-immigration-denials-due-to-the-adam-walsh-act/

http://www.uscis.gov/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/October%202012/AILA-Liaison-Committee-meetingQA.pdf

On page 8 are the questions posed by AILA. And the non-answer by USCIS.

Will be interesting when USCIS gets some answers from the Board.

Has anyone out there had any movement on their cases?

So I guess my question is, with how the AWA law was written..does the Board have a say to what USCIS decides?

pls. disregard my questions on earlier posts..I guess it was to be used to support petition to USCIS... i wonder though if Congress knows of what is going on with marriage that falls under AWA..like breaking the marriage and taking spouse away from a US citizen.

I have a site to share...http://www.change.org/petitions/uscis-congress-dont-let-government-take-my-wife

If in any case the writer of this website is here in visa journey, I am interested to know how updated his website is, in terms of the votes that he has gathered so far. Do i understand it right that if he hasnt gotten 100 votes, the petition letter wont be sent? or has it been sent?

Are you from Indianapolis Evil? So you are aware of this.... http://newsone.com/2018113/facebook-sex-offenders/

Just curious, this is just the right on being on Facebook and social network sites. am I right? Nothing has been publicized about how immigration's deals with AWA case on marriage to foreign spouse. the statement you said ..."USCIS use practices which are questionable when it comes to AWA cases or do not practice any sort of transparency for checks and balances. Which leads to the question of what other practices are questionable."

I have not heard nor ready anything.

The last time they inquired USCIS shuffled cases to head off any questions regarding time frames as they do when any officials try to pin down their practices.

USCIS works with in the law

In my opinoin

USCIS use practices which are questionable when it comes to AWA cases or do not practice any sort of transparency for checks and balances.

Which leads to the question of what other practices are questionable.

Anybody knows if AILA is involved in discussing AWA case with USCIS recently?

In case you havent read this topic on VJ...http://www.visajourney.com/news/2012/04/06/uscis-to-expedite-review-for-certain-cases-affected-by-specific-administrative-inaccuracies/

In what way would the US children increases the risk to the beneficiary? Hmmmm....

Refer to Question 2 of this link....http://www.uscis.gov/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2011/July%202011/AILA%20QandA%20July%202011.pdf

Full pages of judge's opinion, discussion and order can be found here:

http://docs.justia.com/cases/federal/district-courts/oregon/ordce/3:2010cv00803/98510/40/

I want to know why this petitioner's attempt has failed. Are his arguments not right? or that he filed the lawsuit to the wrong court (district court of oregon)?!

My understanding is that if the I-129F is denied by USCIS, a petitioner can file an appeal to AAO. Of course this will take many years for AAO to make a decision. If let say the appeal is finally denied, can the petitioner appeal to a higher court like circuit court of appeals OR just file a lawsuit against DHS topdown to USCIS (napotliano et al)?

If it's an I-130/I-485 petition that involves the adam walsh act, the petitioner can appeal to the BIA (Board of Immigration Appeals). But if BIA denies the appeal after several years of waiting, should the petitioner just appeal to the circuit court of appeals or just sue DHS/USCIS?

According to the above court ruling, the lawsuit was dismissed by the judge for "lack of subject matter jurisdiction". So what is the right court to file such immigration lawsuit? Supreme Court? But don't the district courts handle initial hearings of those supreme court cases first?

Also, the judge mentioned the "unreviewable discretion" of the agency (USCIS/DHS). Under what circumstances can a petitioner challenge such standard? Can there be an abuse of discretion? How can one prove it? If the discretion is unreviewable, what jurisdiction would have a right to review a case that brings such argument?

It is so easy for these district court judges to dismiss a case just citing lack of jurisdiction........

any feedback welcome

Maybe it should have been filed to the Circuit Court of Appeals..as this is a federal case ..not so sure tho.

So they are centralizing the adjudication of the AWA case petitions in Vermont. And those petitions handled by Service Centers will be transferred to Vermont. Was curious how come District Offices were excluded? My petition was adjudicated in the District Office and got denied. I filed the appeal to the BIA. All we got was a notice of receipt of the EOIR from USCIS. No information whether our appeal was forwarded to BIA. Thats why I posed the question..how come District Offices were excluded from transferring the AWA case petition to Vermont?

Here is the link to the http://www.uscis.gov/USCIS/Laws/Memoranda/2011/April/supp-guidance-adam-walsh-actpdf.pdf

And for those with pending appeals to the BIA....here's the latest meeting of AILA and the BIA which you might be interested to know...i have the feeling that my petition is still with the District Office cause in this link BIA mentioned that some appeals are not transferred to them and if there were " The Board issues a

filing receipt to the parties so that the parties are aware that the matter is now at the Board

and is ready for adjudication. Any forms or supplemental filings should be sent to the

Board as soon as possible. " Section X-A of this link...http://www.justice.gov/eoir/statspub/eoiraila040611.pdf

Thanks for your reply Bob 4 Anna..but who will ever win with the government? Even the Arizona governor lost in the case re proof of someone staying in Arizona legally. This will be my last post on this thread..sorry to the OP and visa journey administrator for using this thread.

File a federal lawsuit appealing the decision and challenging them to prove that you will be a threat to your wife.

Maybe contact the ACLU in your area.

I have provided them with all the evidences that will prove I am not a risk to my wife, they denied us for reason that they believe I will be of risk to my wife in the future...what is then their proof that I will? Their reasoning was not elaborated further, it's because no one can tell what is to happen in the future but only GOD. Not fair as well to be asking us for evidences but on their end they cant provide one.

I think the question is ...how are we able to address the situation? Is it enough to write in blogs? Does USCIS read blogs? Is meeting our Congressman or Senator do us good? Ombudsman? Who could come up with a solution to look into how they are dealing this type of cases. I am guessing they know whats happening...but do they really care? It would be a politicalsuicide to support us...the rules must be reviewed and again my question is how and what does it take to have our concerns heard..who will HELP US let them understand?

What is the re-run for? Because your files were transferred? Hmmm, you did admit you had criminal conviction, i dont understand why they are doing a re-reun again.[

quote name=Adam and Thet' timestamp='1284409854' post='4185419]

My case hasnt been touched in over 60 days so I opened a service request. I spoke with an "officer" that claimed once transferred to vermont that they re-run background checks again????????? Which, I dont care how many times they run it, I do hate the fact that its taken so long and no one has any answers as to why they can't follow the time frames given

Any other vermont filers get any updates or approvals? I just don't want to sit here for the next 4 to 5 years being handed excuses. I want a reasonable time frame and it be done in the time they say.

Any estimate on how much longer we will be waiting ?

<!--quoteo(post=3551147:date=Dec 8 2009, 05:11 PM:name=nonversation)--><div class='quotetop'>QUOTE (nonversation @ Dec 8 2009, 05:11 PM) <a href="index.php?act=findpost&pid=3551147"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->How do you know this information? were you an adam walsh filer?<!--QuoteEnd--></div><!--QuoteEEnd-->

No, not an AWA Filer but I do know a lot about Sex Offender Recovery, Treatment, Probation and such.

A counselor who knows his business would never sign a document stating that anyone (even someone with a clean criminal record) poses absolutely no risk of {insert offense} to someone else because they know that not convicted doesn't mean never done it and also that there's a first time for everything.

A professional counselor/polygraph operator etc who makes such a declaration isn't trustworthy.

They can say the things I've stated safely though.

[

Can a psychologist state then that "you do not pose a risk in the future"? 18 years since my last conviction, not a RSO and still I got denied. IO believes that I pose risk in the future, as my evaluations were based on past and current records. Seems IO wants my psychologist to predict the future.

Seeking some "links" to rebutt claim that I pose risk in the future.

We are thinking if we will appeal or re-file. Appeal would mean having the same IO reviewing the appeal. If he/she denies it will be forwarded to the BIA. If we re-file that means $$$$ and I am not sure if we can still use the docs we have submitted or we need to have an updated certification, medical. letters etc.

I dont know if this link has been posted already..this is the SOP for Adjudicating family based under AWA. This one supersedes the USCIS memo of 2007.

BTW heres the link....

http://www.globallawcenters.com/pdfs/31767.pdf

I understand, but I can't just leave things to speculations. I was intending on giving them my court records and police records for the reasoning that I don't want to receive an RFE or an unwarranted denial. There is no more evidence to give if I front load something that they will pull up and verify in the end, and a denial due to an honest and responsible petitioner doesn't add up to me. Thanks anyway, at least the whole FilipinaHeart thing is fairly "black and white".

I would suggest that you give any records you got pertaining to criminal convictions. Better that they have it beforehand than received an RFE..RFE tends to make the processing longer.