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FrozenStar

AWA and 3 DUI's

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Filed: Timeline

After reading this site for hours today (about 9 hours so far) Im a bit confused about my situation.

Some threads read well and have happy outcomes and some that I followed (and feel I know the OP's a bit now) have had denials.

A bit of background:

I was convicted of Lewd and Lascivious assault on a minor under the age of 16 in 1996 (Adjudication withheld). I went through a program called KIDS that involved counseling and periodical lie detectors tests. I graduated that program and was released from the probation that I was on because those terms were met. I am now on a life time registration though because I was on probation during the time the laws went through that required SOR's to register.

In the interim I've gotten 3 DUI's. The last one occured 5 years ago.

I have a few other misdemeanor convictions as well (possesion of paraphernaila, malicious mishchief, etc)

None of these are excusable but at the time I just didnt care about much anymore after having my life and family torn away.

In the last couple of years Ive met a wonderful Irish lady (4 years my senior) that knows all about my past. Ive been completely upfront about my past stupidity.

What Im wondering about now are my chances at getting her here via the I-129F. Ive seen things about the AWA that "may" be waived but it seems, now, theres also a 3 strike rule for DUI's? And the combination of sex related offenses and substance abuse might just be a death knell.

She and I are deeply in love and desperately want a life together.

How should I go about filing? Because of the past dumb assery should I go straight for a good immigration attorney or have I already made so many mistakes that the effort is going to be futile?

Any help, advice or direction would be greatly appreciated.

Edited by FrozenStar
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Filed: IR-1/CR-1 Visa Country: China
Timeline

at a minimum, you should include a letter with the I-129F submittal asking for a WAIVER of IMBRA/VAWA

but that's just a minimum.

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Filed: Timeline

at a minimum, you should include a letter with the I-129F submittal asking for a WAIVER of IMBRA/VAWA

but that's just a minimum.

Is there a form letter I could look at? Is the "letter" another document or just something handwritten asking for waiver?

You say that's just a minimum. Im really not wanting to do the minimum here as I see Ive stacked the deck pretty well against myself.

Any other advise about what to do to try and help my situation?

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"A bit of background:

I was convicted of Lewd and Lascivious assault on a minor under the age of 16 in 1996 (Adjudication withheld). I went through a program called KIDS that involved counseling and periodical lie detectors tests. I graduated that program and was released from the probation that I was on because those terms were met. I am now on a life time registration though because I was on probation during the time the laws went through that required SOR's to register."

You are going to have a very difficult time with this, I highly suggest hiring a lawyer very skilled with the Adam Walsh Act

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

atckcgod5n.png

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Filed: Citizen (apr) Country: Nigeria
Timeline

Read threads about the adam walsh act. You will need a lot of help and the visa if you can get it will take a LONG time as they want to be very sure that you will not harm the immigrant or any child you may produce with her.

This will not be over quickly. You will not enjoy this.

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Filed: Timeline

You are going to have a very difficult time with this, I highly suggest hiring a lawyer very skilled with the Adam Walsh Act

I saw that it wasnt easy from reading many many threads over the last two days.

I plan on getting an attorney that only does immigration cases. The costs are going to be astronomical, Im sure. But, if youre gonna be dumb, you gotta be tough, right?

Any news on your case? Almost feel like Ive been through this with you after having read all the threads and responses youve made so far.

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Filed: Timeline

Read threads about the adam walsh act. You will need a lot of help and the visa if you can get it will take a LONG time as they want to be very sure that you will not harm the immigrant or any child you may produce with her.

Thanks for your response. I understand it can take upwards of 3+ years. My fiance and I are prepared for that. Ive told her about everything Ive read so far and about a consultation I just recently made.

She and I are both in our late 40's and kids arent an option. She has none. But, Ive read in here that means nothing to USCIS because I *could* be a threat to possible nieces or nephews etc and that would be considered a harm to her.

I think thats reaching a bit, but I might be personalizing it a bit too much. I understand the USCIS has a very hard job to do and have to be very thorough.

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I hate to be a downer, but with the adam walsh issue plus 3 dui i think its going to be an extremely hard case. You might be better off just moving to the philippines lol

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

atckcgod5n.png

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Filed: Timeline

I hate to be a downer, but with the adam walsh issue plus 3 dui i think its going to be an extremely hard case. You might be better off just moving to the philippines lol

All I can do is try. Since Ive been on the registry, EVERYTHING is difficult. Finding good jobs, places to live etc. Im not used to anything being easy anymore.

If it turns out I get denied, I guess the next step is to appeal. If that is denied then I just have to go from there with whatever we mutually decide would be best for us..

Any more news on your case?

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Filed: K-1 Visa Country: Peru
Timeline

I hate to be a downer, but with the adam walsh issue plus 3 dui i think its going to be an extremely hard case. You might be better off just moving to the philippines lol

What would an Irish woman and an American man be looking to do in the Philippines??

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Oh my mistake i thought his spouse was from the philippines.

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

atckcgod5n.png

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  • 2 months later...
 
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