eagerly

My wife filed her renewal EAD in mid May 2010, and what she only got was the Notice of Receipt. Her EAD expires in 3 weeks..if it does not come..she is now working..does she stop working? Or continue working and when question show the Notice of receipt?

Gratulations.....

Really? Wow.. Thank you.. I can now relax.

So my wife renewed her EAD but what she got from mail is Notice of EAD application. It even tells her to wait for an appointment for Biometrics. Do they have to take another biometrics ..to renew? Been a month since she received the Notice and no appoinment yet for Biometrics. Anyone experience the same? Our case falls under AWA btw. We have replied the NOID in November but no results yet tho. Was thinking could they be starting on our case..thats why she has no EAD renewal card yet?

As most people say..it is their means of protecting the non-citizen wife or to quote " Adam Walsh Act is to protect children, to secure the safety of judges, prosecutors, law enforcement officers, and their family members, to reduce and prevent gang violence, and for other purposes." But if that is the case, wives of AWA filers should be immediately sent home or deported if the petitioner is harmful. The long wait doesnt make it logic to say "to protect". Kazuava has been married for 3 years with an AWA filer..i dont understand...or are we just allowed to breath and not to have a second chance in life?

You know kazuava, I really feel like its discrimination. Here is why, your husband could have married an American citizen no questions asked. Sex offender or not, nothing would have been asked, or checked, if he had married a usa citizen. But, because he is married to someone from abroad, they put you guys through all these questions and accusations of proving to not be a "threat" .

So whats the difference? I see no difference, If he had married an American, nothing would be asked at all, or proven, so why does it need to be for you? Just because you aren't American? If thats why, then its discrimination

I am not sure if this is a new House Bill ....can someone confirm? Specifically Section 402?

heres the link...http://www.govtrack.us/congress/billtext.xpd?bill=h111-264

Ok we talked to our lawyer and yes you can apply for renewal. You dont need to pay again. You need to apply 60 days before expiration.

ooops sorry..cls is right its 90 days before expiration.

Thanks for your info...we got hold of our lawyer too and said it was ok to claim..

yes, she work here legally. She was issued EAD. She is worried that if she files, it might have a bad impression on my part as i have sponsored her. We are thinking that claiming unemployment could be considered a "public" burden.

what about claiming for unemployment while case is still pending?

There is nothing wrong with interviewing, not even with accepting a job offer. Your official start date, however, cannot be earlier than the date on your EAD/GC (whichever is granted first). Good luck with the job hunt.

My wife's adjustment of status is still pending. She got her SSN and worked for a time. Can she be eligible to claim unemployment? Will this have an implication on the pending petition? i would appreciate your quick response. Thanks

Grats man.....

My wife and I were approved this morning and also beat the Adam Walsh Act!

Did they give you the reason for the denial? So what is your status now, having appeal denied?

We did appeal but on the advice of our lawyer we also refiled the I 130 and I 485 so that I don't accumulate unlawful presence. Both appeal and the new I 130 were denied.

No, she came here legally. She was just joking..as in "what if". In my opinion, if AWA filers are found to be of no risk, the grant of citizenhsip should be given first to our beneficiary(ies) AS WE ARE IN LINE FIRST AND yes we have been waiting and waiting after all the required paperworks have been filed.

Eagerly, if your wife is illegal and you are AWA filer, it could be even harder.......I am not sure what to think of the USA... but I am grateful everyday I spend with my husband. We are waiting and waiting as well...

We sent ours last Novemebr 2009, and no reply still. We received an email stating that it is in the process of review. And being an AWA filer, it would take some time to come out of a decision.

So they are reviewing the law by trying to give amnesty to illegal aliens...thinking about this..my wife jokingly said that she should have been an illegal alien than me filing for her I-485. I am an AWA filer, I did the right by filing legal status for my wife. I submitted documents to prove that I am not a risk to my wife. I have not received any reply yet, 6 months after the RFE was submitted. But now they are considering granting amnesty to those who have stayed in this country illegally...is it right? Is it because I am an AWA filer, but I am a US citizen born in this country.

I-130 Rev 05/27/08 does not ask about prior criminal record of either the petitioner or beneficiary.

Class X Felony Convictions are only removed via expungement which requires petitioning the State Prisoner Review Board who then makes a recommendation to the Governer. If the Governer doesn't sign then nothing happens. I have not petitioned for expungement so I know it's still there.

You are correct...I-130 form of 2008 does not ask about criminal record of petitioner. Had it been asked, I would have answered "yes" and brought along with me evidence to support I am not a risk to my wife. Not having it with us during the interview, we received from them the NOID after two weeks. We are still waiting for the decision after we replied on the RFE.

You Dont Know Me, do u have an idea if you can have your background check sealed from public as a result of good conduct?

Hi i decided to write in this topic...not sure who is remebering my case but yesterday my fiance got an email saying our petition was Approved!

we filed in september 2007 and we were approved yesterday....i cant really find my words because im still in shock and i feel like can be a joke ahahahha ....im going to let rest of Adam Walsh filers what will happen from now on!

Best wishes AW filers!

Rachel

Please tell us about your case, and how you got it approved, what steps you took, what happened , etc, what was he charged with in the past, how long ago it had been between then and now, is he still on the registry?

Over the past year or so I have periodically posted on this blog to update you about the status of a fiancé visa petition that a friend of mine filed with the USCIS in September 2007. My friend was convicted of having unlawful sex with a minor in the late 90s. I am an attorney and I agreed to help him navigate the immigration process.

In April 2009, my friend received a Notice of Intent to Deny from the USCIS. The Notice stated that the USCIS intended to deny his petition because he was ineligible to file a family-based immigration petition under the Adam Walsh Child Safety and Protection Act. In June 2009, my friend responded to the Notice by providing evidence to establish that he does not pose any threat or risk to his fiancé.

His evidence consisted of the following items: (1) A detailed personal statement discussing the factual background of his crime, his thoughts about (and expressions of remorse regarding) the unfortunate events that led to his conviction, and some background factual information about his relationship with his fiancé and his feelings for her; (2) a forensic psychological examination conducted by a licensed psychologist who specializes in the evaluation of sex offenders and regularly testifies during the sentencing phase of criminal trials regarding the dangerousness of convicted sex offenders; (3) letter of recommendation from a psychologist with whom my friend has consulted over the years to discuss issues in his life stating that my friend is not a dangerous person and presents no threat or risk to anybody, much less, his fiancé; (4) a certified copy of his criminal record to establish that he has only been convicted of one crime; (5) letters of support from his parents and other family members; (6) letters of support from his fiancé’s parents to demonstrate that they have met my friend, they know about his conviction and they fully support the marriage; (7) a letter from his fiancé stating that she is aware of the conviction and expressing her feelings for my friend; (8) a polygraph exam conducted by a licensed psychologist to show that he has not broken the law or been arrested since his criminal conviction over a decade ago, that his love and feelings for his fiancé are sincere, and that he intends to marry his fiancé and will not abuse her or otherwise mistreat her; (9) letters of recommendation from three of his friends who know about his commitment to his fiancé and his character; (10) letters of recommendation from volunteer organizations for which my friend volunteers; and (11) a letter of recommendation from his employer who knows about his conviction, his commitment to his fiancé and his character.

A few weeks ago my friend received a notice from the USCIS stating that his petition has been approved. The foregoing evidence will obviously not be appropriate for everybody because each case is different. I think you just have to think long and hard about your own personal situation, the people that you know who have credibility and who will go on record to support you and will vouch for your character. The Adam Walsh Act is a high hurdle and your burden of proof is extremely high. Think outside of the box, create a blueprint for the evidence that you need to submit and go get it. I hope this helps all of you and I wish you the best of luck with the process.

With your friend's approval, that he poses no risk to his/her beneficiary..does that also apply if there is a derivative beneficiary?

Anyone have suggestions as to how my letter should be written? I tried explaining my crime and remorse in my letter, its a 4 page letter. This does not include the rest of my evidences. So, should I write a long letter or short one will be fine? I am afraid the immigration officer who will read my letter would find it so lengthy. What you guys think?

Thanks

There is no such thing as a wavier for Adam Walsh Act. Again read my forums on what is needed for evidence to prove you are not a threat to your loved one.

You need letter explaining your crime and showing remorse about it. I will Pm you a sample of what I did.

I feel for you. Because I can sense that you know what you are talking about, having the first hand experience of how this ACT affected those who wanted to move on with life, and be happy. Some here freely give their opinions, just for the heck of saying something. Chances are they dont have any children of their own. A mistake is a mistake that one must own up to it. It becomes unforgivable if one tries to make a repetition of such. When God himself allows a person to CHANGE, I feel governement should likewise.

"These are the two major contributing factors leading to Adam's murder. Regardless of the intent of the man who later confessed to his murder"

You did not say that. You did not just imply that Adam Walsh or any other child gets kidnapped, raped, and murdered and it's the parents fault. ####### is wrong with you? I am sure nothing is wrong with the sick and perverted azzholes who kidnap, rape, and torture little kids.

What the hell. How dare you.

Where did I absolve someone who kidnaps, rapes or tortures a child from responsibility for their actions & decisions? I didn't, all I did was state that had either of these other two choices been made differently then Adam would not have died that day.

I've been a parent for over 17 years, 10 of them a single parent. I am the first line of defense and protection for my children. The government (local, state or federal) can not be as effective protecting them as I can.

Many times my daughters have been annoyed because I have never let them go off alone in a store until they were 12 years old and carrying a cell phone so they could reach me in an instant. I know everyone in my daughters' lives and always speak to their friends' parents before my kids go to their house or anywhere with them.

I'm paranoid when it comes to my children because I know from my own experience as both a child victim and a teen offender just how easy it is for something to happen.

How much facts to you or the general public really know about the reality of Sex Offenses?

True the Stranger Abductions are great headlines for the news but they are in the minority of Sex Crimes against children. In more than 90% of Sex Abuse cases the victim (and their family) know the offender well and in fact consider them a close trusted friend or relative.

I've spent years trying to help educate the public, made television appearances been interviewd for the newspapers and participated in nationally broadcast radio shows. I finally gave-up a few years ago when I realized the most people are afraid of the truth for too many reasons to list here. One of those reasons is the realization that parents are the best place to start when protecting children but it means a lot of dilligence on the parents part. It is so much easier to believe that the government can effectively protect our kids for us.

My daughters' safety is no accident, I accept responsibility for their safety & well-being.

Just talked to my lawyer, he said he used to provide 10 pages of waiver. He told me he is not going to drop the ball on me, and he will prepare a cover letter for my waiver---a page, stating all the supporting doucments to prove I am not a threat. He said he be willing to look at my evidences and guide me if such are relevant to form part of waiver. Much as I wanted to pay him, I am not able to...so he told me he would help but not a ten page wiaver. Now I am a bit confused, what exactly is written on a waiver.

So, you feel I really need the lawyer and I just cant do it on my own? I did all the legwork, papers are all ready for write up.

An "Adam Walsh" waiver is a big, big, big deal and is quite time consuming. I am sure your original agreement was for standard processing.... a waiver is by far not standard

In all the years I have posted in this forum I have only seen one person file a waiver under the Adam Welsh act and succeed at it and they used a lawyer. If you are a felon, then it's deep stuff and it's not easy to pass the waiver. My advice is to stay with an attorney, but if you are not comfortable with your current attory's pricing, then shop around... tell the attorneys the whole truth and most of them will give you a free consultation. Shop around, but I still think you need a lawyer.

Just wondering what makes it difficult to prove? I have everything that they wanted me to provide them, in fact more than that. I have not committed any crime other than the sex offense which happened 20 years back, such is shown as when background check was run. I have been living with my wife for almost a year. Prior to getting married to her, we have known each other for 6 years and we are intimate everytime she comes to visit here. Hmmm...maybe they should phone GOD to find out how I have CHANGED. Sorry to sound this way...why cant people be given the chance to change and be happy. Thanks Rings for all your replies..I appreciate it so much.

You can't wait to file the waiver to see if her petition is denied, because you are going to get an RFE, but they are not just going to run background checks on her, they will also do it for you because you are the petitioner. If you are a felon (does not matter what you did) then you will get a request for evidence (RFE) for information pertaining to your criminal background prior to approval. You have to prove you are of no harm and that's difficult to prove and to succeed. You will have to file a waiver to avoid the K1 from getting denied. Those waivers are hard as hell to pass simply because a felony is a federal crime.

So, you feel I really need the lawyer and I just cant do it on my own? I did all the legwork, papers are all ready for write up.

An "Adam Walsh" waiver is a big, big, big deal and is quite time consuming. I am sure your original agreement was for standard processing.... a waiver is by far not standard

Hi all. When I married my wife who is already here in the US, right after we got married we hired this immigration lawyer. Our contarct with him states that they will provide service and represent as to USCIS on the Application for Petition to Alien Relative, Work Permit and AoS in obtaining Conditional Green Card.

Unlike K-1 petition, a petition to a relative who is already here in the US, the question if the petitioner was convicted of a felon is not asked. I was asked about it during our interview and I did not deny it. Thus, I was told they would issue a RFE and NOID. I was asked to submit certified copy of rehab completion, certified evaluation as to behavior modification and community work. Atthis point in time I have more to provide to show that I am not a risk. I am not also required to register as a sex offender.

Now, my dilemma is I was informed by my lawyer that I need to sign a new contract with them. How come I have to when in fact, my application for petition nor my wife's AoS has not come to an end. I mean it has not been denied yet. I hate to think that the 3k dollars I paid for my lawyer initial was just for them to file my application. And now that a waiver is to preparaed that is another contract? Has anyone had experience like this that preparing is a waiver does not form part of "the services when lawyers apply for the petitioner:?

I am presently in the midst of financial problem, and was hoping that someone could provide me with how a Waiver looks. You can take hide the names if you dont wish to be identified. I know that for someone petitioning and who falls under the Adam Walsh Act needs to have a good immigration lawyer. But I cannot afford it already. I want to keep my wife and hate to see her go. If she gets denied, I may not even provide her with a plane fare to go back home.

I need all the help from you guys...do I really need to sound like a lawyer when I prepare a waiver? I have done all the legwork and the lawyer needs to prepare my wiaver. is asking me another 6k for this. And I was told that the approval is not even certain.

Many thanks

I committed a sexual offense against a minor (fondling - 3 seconds act) 20 years ago. I have evidences that would prove that I have changed. I have not violated any law since then. It was an act that cause me to live with out any rights at all. Yes it ruin my life for the 3 seconds act that I did. And I admit that it is a wrongful thing for me to do. I was 25 years old when i committed the offense. I am not required to register as SOR in my state.

I have no idea of getting those rights back.

Thanks

Eagerly you are psoting all over the place hun, take a moment. Which type of Visa are you applying for? Answer to us here what was the offense as there are many different ways to go depending on the charges.

Yes a convicted felony has rights and can have those rights restored , however paperwork needs to be filled out and sent to the appropiate authorities.

I went down to inquire about the SOR in my state and good thing is that I am not required to register. But I was told that they cant issue a Certificate stating that I am not a Risk. Went to sheriffs office btw.

In my readings on the forum, I encountered one saying that those falling under AWA are not eligible to petition, then why didnt they stated that when the form was being filled up. By then, petitioner should not file no more and paid for the fee. It is good if you presented all the evidences they need and get the approval. But if it is just a formality and deny you eventually, its not fair. Appealing the case still entails more fees, lawyers and court perspective.

I dont intend to sin no more...lol but I feel that I am a living dead..my right to be with my wife is being questioned. The rights to vote, travel outside the country etc. have been taken away. Some could hardly get a job but this deprivation of the right to happiness tends me to question..why can a sinner be given a chance to a second life. Sorry for being emotional. I am not petitioning for K1, I am petitioning my wife who is already here in US. If they deny my petition, I hate to see her get deported.

So Mr. ACLU member, is it really true that a convicted felon still have the rights? or is it just written down in the constitution?

OK, so I will take a stab at this havning been a member of ACLU for a long time.

Anything, anything that is in the CFR (Code of Federal Regulations) is subject to judicial review. It is a statutory set of documents, albeit written by bureaucrats (sometimes lawyers) that lay out what the rules and regulations are regarding what the agency or regulatory body does and how it will do it.

All departments within the Executive Branch have them in some form or another, including USCIS, DOL, DOS, etc....

So, as a result, they are subject to the due process clause in the US Constitution which says the government shall not deny due process of law. So this is the basis behind a denial of rights for someone who is subject to AWA and any decision made by USCIS, including being a GITMO detainee.

Article 14 deals with how States shall handle the rights of its citizens; Article 5 deals with how the federal government will do so. Both have similar language, to wit:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Now this would not apply to an immigrant coming to the US but it would apply to a citizen who is applying to sponsor someone coming to the US. So I agree that those who said there are no rights with regard to an immigrant. But there are substantive and procedural rights guaranteed to the citizen who sponsors one. (The words life, liberty, and property come to mind....)

USCIS can make a decision yes or no as to whether they feel such a relationship is fit. But they are subject to review and appeal under the Constitution. There are some hurdles because of some precedent, namely sovereign immunity (you can't sue the government) but unfortunately for the government that has already been branched many times.

The social contract provided for in Common law allows that when the Kind has not protected his citizens, the citizens can redress the King.

A good constitutional lawyer will help.

Oh, and I would not register with the police unless I was statutorily required to do so. Just make sure you are right in that judgement.

Now go forth and sin no more.....