Regarding Sex Offenders (off probabtion)

[kyle&ghing 0]

Does anyone know if there have been ANY rulings from the USCIS in reference to the John Walsh Ammendment for petitioners who are registered sex offenders, who have been GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children? I know this law is very new and there may not even be any rulings on this. If anyone can shed light on this, I would appreciate it. Thank you.

[pushbrk 12,893]

Does anyone know if there have been ANY rulings from the USCIS in reference to the John Walsh Ammendment for petitioners who are registered sex offenders, who have been GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children? I know this law is very new and there may not even be any rulings on this. If anyone can shed light on this, I would appreciate it. Thank you.

Just for clarification, a sex offender impacted by the law would have the right to file a petition but I think you want to know about the possibility of the petition being approved.

[hunnyko 0]

Does anyone know if there have been ANY rulings from the USCIS in reference to the John Walsh Ammendment for petitioners who are registered sex offenders, who have been GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children? I know this law is very new and there may not even be any rulings on this. If anyone can shed light on this, I would appreciate it. Thank you.

Just for clarification, a sex offender impacted by the law would have the right to file a petition but I think you want to know about the possibility of the petition being approved.

I dont know anything about this situation, but I think if you contact your local district congressman they might be able to help you. They have helped me with questions about immigration a few times:-) Was it a felony, or not a serious offense? I have heard even people who were in prison could still petition someone. I had a DUI and was worried about that but my congressman said dont worry thats not a reason unless I have many then it could be.

[kyle&ghing 0]

Does anyone know if there have been ANY rulings from the USCIS in reference to the John Walsh Ammendment for petitioners who are registered sex offenders, who have been GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children? I know this law is very new and there may not even be any rulings on this. If anyone can shed light on this, I would appreciate it. Thank you.

Just for clarification, a sex offender impacted by the law would have the right to file a petition but I think you want to know about the possibility of the petition being approved.

Yes, exactly. I have read an interoffice memorandum at the USCIS regarding how to handle these specific cases and the proof of burden does exist on the petitioner, however there is no "out of hand" rejection implicit in the law or any of the statements that I have read from the USCIS.

There is actually statements on what kind of information would be helpful to build a case for an individual in these circumstances where the petitioner is petitioning a single beneficiary without children (which is the case I am referring to). In regards to this I was wondering 2 things:

1) Have you heard of a case like this being apporved or rejected? AND

2) What would be the specific waiver form signed in this case?

Thank you so much for your consideration.

[kyle&ghing 0]

Does anyone know if there have been ANY rulings from the USCIS in reference to the John Walsh Ammendment for petitioners who are registered sex offenders, who have been GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children? I know this law is very new and there may not even be any rulings on this. If anyone can shed light on this, I would appreciate it. Thank you.

Just for clarification, a sex offender impacted by the law would have the right to file a petition but I think you want to know about the possibility of the petition being approved.

I dont know anything about this situation, but I think if you contact your local district congressman they might be able to help you. They have helped me with questions about immigration a few times:-) Was it a felony, or not a serious offense? I have heard even people who were in prison could still petition someone. I had a DUI and was worried about that but my congressman said dont worry thats not a reason unless I have many then it could be.

Thank you so much for your kind & helpful response. I had somebody else offer that same advice to me and I think it is a great idea. I will do that.

[payxibka 10,045]

Does anyone know if there have been ANY rulings from the USCIS in reference to the John Walsh Ammendment for petitioners who are registered sex offenders, who have been GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children? I know this law is very new and there may not even be any rulings on this. If anyone can shed light on this, I would appreciate it. Thank you.

Just for clarification, a sex offender impacted by the law would have the right to file a petition but I think you want to know about the possibility of the petition being approved.

Actually, if I am not mistaken, the Adam Walsh amendment (if applicable) makes the USC ineligible to file a petition. I am uncertain if the ineligibility is waiverable or not. So I agree, the USC can file but the chances of success are about nil.

Edited July 7, 2008 by fwaguy

[Chica Yeyé 41]

Does anyone know if there have been ANY rulings from the USCIS in reference to the John Walsh Ammendment for petitioners who are registered sex offenders, who have been GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children? I know this law is very new and there may not even be any rulings on this. If anyone can shed light on this, I would appreciate it. Thank you.

Just for clarification, a sex offender impacted by the law would have the right to file a petition but I think you want to know about the possibility of the petition being approved.

Actually, if I am not mistaken, the Adam Walsh amendment (if applicable) makes the USC ineligible to file a petition. I am uncertain if the ineligibility is waiverable or not. So I agree, the USC can file but the chances of success are about nil.

That is also my understanding.

[Minya's wife 25]

But the OP states that he's been "GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children"...what does that mean? Is there a pre-petition permission that can be sought in such cases?

-P

Edited July 7, 2008 by Minya's wife

[kyle&ghing 0]

But the OP states that he's been "GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children"...what does that mean? Is there a pre-petition permission that can be sought in such cases?

-P

Actually I have not been "granted permission" as of yet. I was asking a question about any known cases as such. As far as the USCIS is concerned, since that last posting, I have found an inter-office memo that states the conditions of review of such a case. Here is an excerpt:

[uSCIS MEMO dated February 8, 2007]

"In determining whether a petitioner poses any risk to his or her intended beneficiary, the

adjudicator must consider all known factors that are relevant to determining whether the

petitioner poses any risk to the safety and well-being of the beneficiary. Factors that should be

considered include, but are not limited to, the following:

• The nature and severity of the petitioner’s specified offense(s) against a minor,

including all facts and circumstances underlying the offense(s);

• The petitioner’s criminal history;

• The nature, severity, and mitigating circumstances of any arrest(s), conviction(s), or

history of alcohol or substance abuse, sexual or child abuse, domestic violence, or

other violent or criminal behavior that may pose a risk to the safety or well-being of

the principal beneficiary or any derivative beneficiary;

• The relationship of the petitioner to the principal beneficiary and any derivative

beneficiary;

• The age and, if relevant, the gender of the beneficiary;

• Whether the petitioner and beneficiary will be residing either in the same household

or within close proximity to one another; and

• The degree of rehabilitation or behavior modification that may alleviate any risk

posed by the petitioner to the beneficiary, evidenced by the successful completion of

appropriate counseling or rehabilitation programs and the significant passage of time

between incidence of violent, criminal, or abusive behavior and the submission of the

petition."

Being that there are provisions for review, it is obvious that there is no "out of hand" rejection implied by this Adam Walsh Law. The sole discretion is at the hands of the USCIS. IN addition there is also a process of "appeal" if the waiver is denied for both K1 & K3 Visa applicants.

[archie07 0]

The sole discretion is at the hands of the USCIS SUPERVISER..

[kyle&ghing 0]

The sole discretion is at the hands of the USCIS SUPERVISER..

Yes, specifically and I quote from the inter-office memo I mentioned above:

"3) HQ Clearance of Approval Recommendations

If the adjudicator finds that the petitioner poses no risk to the beneficiary, the adjudicator

must seek the guidance and direction of USCIS Headquarters, Regulations and Product

Management Division, before approving the petition. Adjudicators are prohibited from

exercising favorable discretion in such instances without the consent of USCIS Headquarters."

[Singers 0]

I don't think anyone could really tell you either way. Even if you find one case (which I haven't yet) it is so dependent on the individual facts of each case that you could only draw parallels.

If it were me: I would put in the application (assuming the $$ wouldn't bankrupt me) and know that the worse thing they could say is NO.

You have an uphill battle since the social stigma behind sex offenders is pretty harsh. (I'm sure I don't need to tell you that.) But if you could prove your case, then go for it. Things that would help: Single violation rather than a history. Severity of the crime. Receiving/Completing counseling. A letter of remorse/apology. Letters of character from friends/relatives.

[desert_fox 32]

Does your fiancee know that you are registered sex offender???

what a prize catch....excuse me, but I hope you fail.

[hunnyko 0]

Does your fiancee know that you are registered sex offender???

what a prize catch....excuse me, but I hope you fail.

Hi again did you try calling your local Congressman Rep? they help many with immigration issues and even help then through the filing process. With any luck they have already handled some cases like yours or know of another rep that has:-) And if it is something like having sex with a minor like 16 when the guy is 18 I think that should not be a big deal as long as both agreed to it.

[Singers 0]

Does your fiancee know that you are registered sex offender???

what a prize catch....excuse me, but I hope you fail.

The very purpose of the Adam Walsh Act (as it applies here) is to notify an intending immigrant of their sponsers past in order to avoid abuse. If his fiance doesn't know, she will know before long.