Sex Offender Applying for K1

[pushbrk 12,569]

Why is It not a constitutional right of a us citizen!

Why is what not a right? The citizen can marry whom he pleases within the applicable law where the marriage takes place. Foreigners don't have a right to immigrate to the USA. US Citizens may petition for that privilege and it is granted for eligible relationships between a US Citizen and an eligible foreigner. Many things can make the foreigner ineligible. In those cases, the US Citizen's rights don't supersede immigration laws. Some US Citizens must live abroad to be with their chosen spouse. AWA issues, at least for those with convictions prior to the AWA becoming effective, imposes additional penalties not part of the law at the time the crime was committed.

[rebeccajo 14]

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...

The federal government has not decided whom you will choose as your wife. They have enacted a law that may result in your choice necessitating you live with your chosen wife in another country. Then disturbing part of this to me is that the AWA has effectively exacted an additional "sentence" or punishment not originally imposed by the judge. I don't like this for anybody or anything and I'm glad people are challenging the consitutionality of such a law, regardless of how anybody feels about sex offenders in general.

That argument would make sense if immigration were a constitutional right.

Sentences include impact on both rights and privileges. I haven't mentioned rights in my statements. AWA impacts a US Citizen's privilege in a way not imposed by any original sentence/judgment based on existing law at the time of the crime. The US Constitution addresses both rights and privileges.

The constitution addresses rights and privileges - but none for immigration.

Here's the entirety of what the US Constitution has to say about immigration (Article 1, Section 8 in case you are really interested) ........."To establish an uniform Rule of Naturalization"....................

The Supreme Court long ago ascertained that Congress has the power to regulate immigration based upon this cite. Sovereign nations also have the power to regulate immigration. The United States is a sovereign nation.

What this pretty much means is that the US Government can enact what they want, when they want, and to whomever they want when it comes to matters of immigration. They can effectively say that if they don't want people with tattoos, then people with tattoos won't be admitted. And they can say that US citizens with tattoos can't marry and bring over an alien spouse.

In other words, the US Government long ago decided that CMIT was enough to stop an alien at the border. USCIS defines CMIT as crimes violating US law, even though those crimes were committed in other sovereign nations. USCIS/DOS turns it back on laws of those sovereign nations that wipe out CMIT, such as the Rehabilitation of Offenders Act in the United Kingdom.

If the US Government can impose those restrictions on an alien seeking admission to our country (done under the guise of protecting us from bad guys) what makes you think the US Government may not have the right to (this time around) protect the unsuspecting alien spouse? Something in the Constitution you know about that the rest of us don't, including the Senators who wrote the law and the US Attorneys who fine-tooth-combed it before the President signed it?

Edited December 21, 2008 by rebeccajo

[pushbrk 12,569]

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...

The federal government has not decided whom you will choose as your wife. They have enacted a law that may result in your choice necessitating you live with your chosen wife in another country. Then disturbing part of this to me is that the AWA has effectively exacted an additional "sentence" or punishment not originally imposed by the judge. I don't like this for anybody or anything and I'm glad people are challenging the consitutionality of such a law, regardless of how anybody feels about sex offenders in general.

That argument would make sense if immigration were a constitutional right.

Sentences include impact on both rights and privileges. I haven't mentioned rights in my statements. AWA impacts a US Citizen's privilege in a way not imposed by any original sentence/judgment based on existing law at the time of the crime. The US Constitution addresses both rights and privileges.

The constitution addresses rights and privileges - but none for immigration.

Here's the entirety of what the US Constitution has to say about immigration (Article 1, Section 8 in case you are really interested) ........."To establish an uniform Rule of Naturalization"....................

The Supreme Court long ago ascertained that Congress has the power to regulate immigration based upon this cite. Sovereign nations also have the power to regulate immigration. The United States is a sovereign nation.

What this pretty much means is that the US Government can enact what they want, when they want, and to whomever they want when it comes to matters of immigration. They can effectively say that if they don't want people with tattoos, then people with tattoos won't be admitted. And they can say that US citizens with tattoos can't marry and bring over an alien spouse.

In other words, the US Government long ago decided that CMIT was enough to stop an alien at the border. USCIS defines CMIT as crimes violating US law, even though those crimes were committed in other sovereign nations. USCIS/DOS turns it back on laws of those sovereign nations that wipe out CMIT, such as the Rehabilitation of Offenders Act in the United Kingdom.

If the US Government can impose those restrictions on an alien seeking admission to our country (done under the guise of protecting us from bad guys) what makes you think the US Government may not have the right to (this time around) protect the unsuspecting alien spouse? Something in the Constitution you know about that the rest of us don't, including the Senators who wrote the law and the US Attorneys who fine-tooth-combed it before the President signed it?

I've expressed my personal opinion. If you wish to have a Constitutional debate (There are many interpretations of Constitutional elements.) I suggest you find one on this subject. People with far more Constitutional experience than you or I disagree on this issue.

I didn't mention "rights". I was referring to privileges, period. If you're looking for an argument, you'll have to look elsewhere.

[rebeccajo 14]

I didn't mention "rights". I was referring to privileges, period. If you're looking for an argument, you'll have to look elsewhere.

I refuse to have a battle of wits with an unarmed individual.

[archie07 0]

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'll Pm you

[MsZ 6]

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.

[HannahP 119]

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.

I dunno. I had a few teachers in highschool that I would have done in a heartbeat.

[MsZ 6]

I dunno. I had a few teachers in highschool that I would have done in a heartbeat.

That you didn't care enough about them to want to compromise them has absolutely nothing to do with their position of authority and responsibility and the law. You're another example of why children shouldn't be put in positions to make these kinds of decisions and why it falls to the adult to know the lines and to refuse to cross them. If you had been responsible enough, you would have put what is good for THEM ahead of what you thought might be short-sighted and fun at the moment.

[s.o. 0]

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...

[greg55 0]

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 have the same issue you have, I do have a good international imagrations attorney but even he can not forsee the out come of this. They sent us a notice of intent to deny our petition and asked for all supporting evidence that I do not pose a threat to my wife and our Son who is a U.S. citizen. Our papers were file for the waiver on July 16th and they said we should have there decission by Sept 16th..... well so far no news.....

[Frenchwife 1]

Sorry maybe stupid question.

In which form / at which step does he have to mention his felony?

Edited September 13, 2009 by Frenchwife

[baron555 934]

Sorry maybe stupid question.

In which form / at which step does he have to mention his felony?

I-129F, the very beginning.

[Gone To Texas 0]

When I was 19 years old, I had a 16 year old girlfriend and was charged with having sex with a minor. I know the general public's perception of a sex offender is a child molester or rapist but I am neither. And it bugs me to no end that I somehow ended up being grouped in this category. I was a teenager with a teenage girlfriend that happened to be a little younger than me. I was given a 6 month jail sentence for this. I am 25 years old now and have not committed any crime since nor do I ever plan to. I have met a wonderful woman overseas and wish to be with her but due to the Adam Walsch Act I'm wondering if I would be able to get a K1 Visa. Or if I have any chance to bring her over at all. I really wish to be with this woman but am scared that I might not be able to. Any advice or information would greatly be appreciated. Thank you.

Depends on what state you are living in. You may want to hire an attorney and make an attempt to have your record expunged. If enough time has elapsed, and the woman who was considered the victim of the offense were willing to cooperate, you might have a shot at clearing your record. This will basically involve filing a petition with the Court in your jurisdiction that handles this, and will require a hearing before a judge. If there is no real opposition from the victim (her family won't have a say anymore because she is no longer a juvenile), the prosecuting attorney's office, or the investigating law enforcement agency, you have a shot at clearing your name under these special circumstances. Not saying it WILL work, and a lot depends on your own state's law, but this might be a good step if you are serious about this relationship.

Mark

[Krikit 1,163]

Off topic comment removed for TOS violations. It has been well over a year since this thread was started so I am closing it at this time.