evli1966

From the beginning

Also start a notebook dating back to when you were first arrested.

Timeline this forward to include arrests, court, probatio, doctors etc.

You need it all

Schedule testing by a certified psychologist regarding relapse and threat assessment.

You can do the lie detector some have but I didn't (ran out of time)

Letters from friends, family, coworkers, church aquintences etc.

Know that it is a long ride

A very long ride.

Also if any minors are being petitioned you will not even win on an appeal.

If you want kids wait until AOS of your fiancee.

OP - I am in similar situation

We applied 6/2009

NOA 5/2010

RFE 10/2011

NOID 2012

Appealed 2012

Received "Appeal Sustained" 11-10-15

We now move forward.

Do not allow your personal Hubris and lack of knowledge condemn your petition.

Pay for an attorney that has successfully won AWA cases.

On a personal note - if you are unable to personally afford travel to visit your fiance or pay for attorneys bringing her here may not be the best option.

I wish you both the best in your lives.

There is hope

http://www.prlog.org/12250513-law-offices-of-nicklaus-misiti-obtains-another-adam-walsh-act-approval-in-federal-court.html

I thank Eagerly for this find.

http://www.prlog.org/12250513-law-offices-of-nicklaus-misiti-obtains-another-adam-walsh-act-approval-in-federal-court.html

#1 get an attorney to advise you

ensure the attorney is AWA experienced - not just saying he or she is.

You will need to appeal and it is best done with an attorney for our cases.

We are denied as well after submitting a bunch of evidence as we thought. We are thinking about reopening the case & including the new evidence. We just want to know what else they want from us. What are you guys doing next?

We appealed through our attorney

When you appeal you do not send more evidence but show in the appeal the reasons why and how the USCIS made it's mistakes such as such as making statements or using an opinion of the adjudicator that the court sentencing was not sufficient.

This is where USCIS gets in hot water if they $5#2 with the wrong person with the financial means and determination to fight them.

They allow inexperienced/uneducated/unqualified staff adjudicate these cases under the supervision of their leadership with the same issues.

Good Luck with starting over it will be a long road; my prayers are with you.

It's one of those things that, while forgiven and done serving your punishment, you still have to continue to live with the fallout and consequences of your previous actions. These restrictions are in place for a good reason, even if not specific to your case. As far as meeting your fiance, there are still ways around having to fly to her country. It is harder, yes, but that's one of those consequences.

While I agree with consequences you must realize these are not consequences caused by their actions but mandates/penalties added retroly to their judgments.

Slippery slope my friend.

How would you like to have NSA knock on your door to remove your loved on ebecause of a misdemeanor from 20 years ago is now Federal crime and they decided it is best that person should not live with you.

Consequences or added punishment or....

I will state that if the registery were to be fixed to contain the actual sexual predators (diagnosed by doctors not law makers and angry victims) then I would support the no travel laws.

But until that happens the rising support for reform will continue as they add more and more poeple to this bogus registry and I will be against any law that restricts peopel on the registry.

@evli1966,thank you for the reply.just keep your faith to God.Everything have purpose and there is time for everything. We just live according to what God's plan for us.Have a blessed day.

Thank you

Your lawyer would be absolutely wrong and has no idea what he is talking about. Being married doesn't change anything regarding the burden of proof ( which is completely arbitrary)

agreed 100%

Get new lawyer fast!

@evli1966, your love was great,can you tell me how you handle your relationship with your fiancee in the Philippines?I think we are in the same boat.pls. inform here if your petition was been approved.hope you have a great day. God bless both of you.

we were denied

we are prepared to appeal as high as we can go mentally and financially

Adam Walsh Act that limits the filings for sexual predators

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.

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.

ih there is no reports of other nationalities being stopped. . whether they are or not we do not know .. is this lack of communications or is it just not happening?

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.

This has been in the works since the introduction of the international megans law which failed. The USA controls tge visas from these countries so arm twist them to comply with their way of thinking also ..I could go on politically but when a large country threatens a smaller one they look for someone to protect them and there are costs...

While I agree that not everyone who is a RSO would pose a threat to anyone regardless of the country it would seem that 'most' ARE! The whole point of someone being a RSO is the nature of the crime that they were charged 'guilty' with. Most (I've seen many statistics) people who fall under this are indeed a threat to children, teenagers, adults, pretty much anyone! I don't like to judge people but sexual crimes are some of the worst ones a person can commit but I certainly understand what your trying to say. We all pay for the things we do but some pay more than others but that's the world we live in.

One more thing, a person being 'trapped in the United States' will NEVER be a bad thing in my opinion. Look at all the people who are trying to get in and live here and I bet most of them really wouldn't have a problem if they couldn't ever leave!

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.

Well you see it is a bad thing because due to the Adam Walsh Act, anyone that is an RSO can't petition a Spouse , without meeting extreme criteria which is currently arbitrary. Causing many families to be tore apart. You can see many people here under IMBRA have been waiting 3 and 4 years for some sort of response on immigration cases.

And yes, being "trapped" is a bad thing. People have the legal right to travel and in a way this prevents that legal right. Maybe we will see some sort of class action lawsuit regarding it.

Anyone ever convicted of a Sex crime (crimes listed in the AWA) must meet the extreme criteria which is arbitrary to petition a spouse.

This is whether they registered or not.

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.

I belive that would be a stretch at this point and bring cuase AILA to appeal such actions by USCIS.

I just read this (if I read the correct document) and there is no mention of the AWA that I read nor that someone petitioning for or appealing a decusion for that petition.

The OP is in a great position at this point to work with in the system and still not have to leave; a good attorney could make this an easier case.

The OP mustr be ready to do lots of leg work forcing the success of the case by obtaining all documents required.

I just got the bio appointment today. It's been almost a year! What happens next anyone knows?

got to your appointment bring your docs it tell you to bring.

They will finger print you and you are gone in less than 20 mins

The know nothing of your case and will most likely will not answer any questions.

100% get an attorney.

An Attorney theat is notably experineced in the AWA.

What others are stating is somewhat true.

All court records, police records, pshycology reports should be certified.

An inexperienced attorney can scew things up quickly as can someone submitting items themselves.

BTW

The government (Bush administration) passed the AWA to protect children and the loose language is interpreted by the USCIS in a way to prevent the approval of family based visas even when no children are involved.

This error was noted and the chnage from immediate denial of the visas to putting the burden of prove no threat to the beneficiary on the pettitioner.

You should note the AWA was passed in 2006 and most successful appeals or approvals are because the conviction was before this was enacted.

With that said without overwhelming evidence showing successful and safe reform as well as the ability to securely support themselve and their applicant the chance is very slim.

Please do not hesitat eto ask questions here some have experienced alot of this and some have been successful.

myself on a fiance visa it has been 4 years in June to this date we are over 60 days since submittal of our RFE.

I am prepared to appeal int he Federal Apeals court which could cost upwards of $20k.

The great part for you is that you are here with the person you love.

(There are roughly 14 million illegal immigrants living in the USA.)

We filed AOS I130 & I485 in June 2010. Had our appointment in August 2010. Received RFE for certified

court documents (we had just copies). Sent in Certified Copy. Received NOID in October and they gave

us 30 days to respond. We sent in pysch report, Affidavits, letters, Polygraph. Just this week 2.5 years

later we got our letter transferring our case to Vermont.

Does anyone have any idea now what??? How long before we may hear of an approval or denial? Or will they

send us for another appointment?

Any information would be appreciated.

Wow you are much further along than I am your requesting AOS we are approaching the 60 day mark of submitting our RFE items through our Attorney just for the K-1 visa.

I sure hope we do not have to go through the same BS for AOS when she gets here.

Unless I am confused by the process of AOS.

It took us 3.5 years just to get a RFE.

We were transferred to Vermont back in April 2010 when they made the big move for AWA cases.

Wire transfer from my US account to our hinabank account.

Transfer to banks is so much safer than walking out of a WU or MG establishment.

Usual cost for a wire transfer is $40 unless you have the specific account type that eliminates cost.

That is correct.

It is part of the AWA process.

My first was 7 months after the petition was accepted.

The second 2 years later exactly.

It is my understanding it will happen every 2 years during the process.

What exactly is the AWA Waiver? I have never found a form for this.

I do no tthink there is an official form.

It is a written document requesting a waiver from the AWA due to indvidual situations.

It is best written by a knowledgeable attorney who can back the waiver up if litigation is needed.

Pleas what's going on now? Did you find a lawyer in A?rizona? did you find any good criminal pshchologist in AZ? do you need a licensed polygraph examiner?

we are going to appeal just search a lawyer fron California... Please help if you some.

Here is who I am using.

$3500 to respond to RFE and file AWA waiver (yes this is needed)

You do most of the leg work or you pay much more than that if you can get sonmeone to do it.

Nicholas Misiti

The Trump Building

40 Wall St., 28th Floor

New York, New York 10005Phone: (212) 537-4407

Fax: (212) 537-4027

Email Address: MisitiGlobal@MisitiGlobal.com

Kaz

I am sorry to here of the trouble with DCFS the 3rd most powerful government agency in the USA following DHS and then FEMA(which may fall under DHS now).

3 things going forward:

1. never Ever EVER meet with these agents alone, they do not have the right to come into your home unanounced or ask questions unanounced unless they see actual danger in the home. They need warrants served by police.; I recommend an attorney present at each visit. If an attorney is not present I recommend your minister or religeous leader be present at minimal have a 3rd party friend present taking notes. let me say that again taking NOTES

2. Never trust these people as their agenda will not be the same as yours. The may state they work in the interest of the family but the laws that mandate their actions are mostly barbaric.

3. Pay to have a risk assesment done by a qualified Psychologist. Their statements and conclusions out weigh what any this woman would have to say about this situation. costs are $700-$1000.

Some things to remember the 3rd party must be there to support your family and an attorney would do that and shut down any thing the woman does against your families rights.

If the third party no matter who it is begins to discuss with you there may be issues.....

If the risk assesment agrees with the agent.....

evil, what is your RFE if I may ask?

Very standard

If you intend to prove you are nto AWA then you send evidence refuting the allegation.

If you are AWA and you intend to send evidence you are not a threat then you submit evidence as the following:

1. ALL court records including all minutes and disposition (they all must be certified)

2. All criminal arrests made no matter the disposition of the case(s);

3. all Attorney records for any case (my attorney destroyed records after 10 years.

4. All records of the SORB or in my case SOMB (Sex Offender Managment Board) they do not keep records once you complete registration; they are purged form the system. I feel bad for those that live in the AWA states. I went to each city I lived in and obtained the registration forms I have 3 that could not be found from the first year.

5. Any SO treatment programs you completed. Unfortunately most clinics destroy any files after 7 years.

6. Any Risk Assesment that you would be given; I was never given one so I paid for one in 2010 for this petition. (now they want it certified) BTW it can not be done in 87 days if you work full time.

7. Any letters from family and friends stating you are not a risk (must be notarized)

8. Notarized letter form you and your significant other stating all disclosure and that she feels safe and me stating I would never harm her.

9. eveidence of you doing good works in the community (what if you travel for work as I do every week)

10 any evidence that would show you are not a threat to her.

My original attorney was fired recently after recieving the RFE as he was very ignorant of what to do. Many items on the list were submitted but not notarized or certified. My new attorney is more expensive $3500 just to respond to the RFE and the inital filing of the appeal in the federal appeals court.

If it gets to court I could be looking at $10-20K more.

I am very confident in what this attorney tells me and will not disclose much but after discussing with him our options he was very educated and honest.

The first thing he stated was there are no guarantees.

The second the AWA is unconstituional.

the remaining items we discussed will remain confidential.

If you are interested in the attorney I will provide his information as it was provided to me.