Regarding Sex Offenders (off probabtion)

[sara..... 371]

plz someone correct me if im wrong but doesnt being a registered sex offender happen only when there is either sex offender of a child or children........or brutal rape of an adult? or Adults?..........just simple he was 18 she was 15 does not get u registered as a sex offender.

[Singers 0]

This would actual be a jurisdictional matter. (In other words it depends on which state you live in.) It also depends on the severity of the crime. In some states that age difference would land you in jail and on the register.

Misdemeanor sex offenses (which can, depending on the state, include indecent exposure and soliciting a prostitute) can be punishable with community service, probation or jail time. Depending on the jurisdiction, they ALL would still require registering as a sex offender.

Sex offenses do not always constitute rape as my previous examples illustrate.

[WenDylan 0]

If you have committed any felonious crime, or crime involving moral turpitude, you first I-129F petition will be denied. Hands down. Fact.

Even if you file for a K3, or CR-1. It will fail as well. Your only option is to move there and start a new life.

Edited July 8, 2008 by WenDylan

[Singers 0]

If you have committed any felonious crime, or crime involving moral turpitude, you first I-129F petition will be denied. Hands down. Fact.

Even if you file for a K3, or CR-1. It will fail as well. Your only option is to move there and start a new life.

This would be true if the OP was the non-USC.

[WenDylan 0]

If you have committed any felonious crime, or crime involving moral turpitude, you first I-129F petition will be denied. Hands down. Fact.

Even if you file for a K3, or CR-1. It will fail as well. Your only option is to move there and start a new life.

This would be true if the OP was the non-USC.

Tell that to the VO.

[kyle&ghing 0]

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

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

Yes she does. And I am sorry that you feel that way. I wish you well in your journey here.

[kyle&ghing 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.

Thanks for the helpful suggestions. I found out basically the same thing you are saying also. I feel I can present a good case. She knows about my history, I have been out of prison for over 5 years with no problems. I have plenty of character references and counselors / therapists who will write me a letter of recommendation, and if there is someone with my past who would be approved, I believe it would be me.

I do thank you for your help and kind reply.

[kyle&ghing 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.

No I have not yet. I am getting all of my facts together and making a game plan. I do think it's at least worth a call though, even though some think it's a waste of time. I really can not afford to leave any stone unturned in this venture. I notice you guys are a US-Pinay couple. That's great. I wish you guys good luck.

[pushbrk 13,011]

If you have committed any felonious crime, or crime involving moral turpitude, you first I-129F petition will be denied. Hands down. Fact.

Even if you file for a K3, or CR-1. It will fail as well. Your only option is to move there and start a new life.

This would be true if the OP was the non-USC.

Tell that to the VO.

None of this is a laughing matter. Your post regarding a crime of moral turpitude is simply wrong because the clause(s) to which you refer, apply to the foreign beneficiary at the Consulate stage, not to either petitioner or beneficiary at the petition approval stage or to the USC in any way.

Let's stick to the facts.

[archie07 0]

plz someone correct me if im wrong but doesnt being a registered sex offender happen only when there is either sex offender of a child or children........or brutal rape of an adult? or Adults?..........just simple he was 18 she was 15 does not get u registered as a sex offender.

Yes, statutory rape does get a person registered as a sex offender...

[WenDylan 0]

If you have committed any felonious crime, or crime involving moral turpitude, you first I-129F petition will be denied. Hands down. Fact.

Even if you file for a K3, or CR-1. It will fail as well. Your only option is to move there and start a new life.

This would be true if the OP was the non-USC.

Tell that to the VO.

None of this is a laughing matter. Your post regarding a crime of moral turpitude is simply wrong because the clause(s) to which you refer, apply to the foreign beneficiary at the Consulate stage, not to either petitioner or beneficiary at the petition approval stage or to the USC in any way.

Let's stick to the facts.

I agree. I did a little bit more research within my department and found, according to House Act "H.R.4472", which specifically states...

Sec. 402. Barring convicted sex offenders from having family-based petitions approved.

So any petition, will at some point, be denied. I read into this a little more and found several posts on this and another forum where this Act was held up to its word. There would be some litigating circumstances, but I would need to know more about the situation to interpret what would happen exactly.

Edited July 9, 2008 by WenDylan

[sara..... 371]

plz someone correct me if im wrong but doesnt being a registered sex offender happen only when there is either sex offender of a child or children........or brutal rape of an adult? or Adults?..........just simple he was 18 she was 15 does not get u registered as a sex offender.

Yes, statutory rape does get a person registered as a sex offender...

that sounds so strange to me i guess we just live in the wrong state the man that raped my elder sister when she was 3 years old got sexual misconduct with a minor ........because she was to traumatized to testify and it was the deal that his attorney cut....but he was not put on the registry for sex offenders......it was considered non felony charge......same as what most cases of statutory rape are in this state..................

[WenDylan 0]

If you have committed any felonious crime, or crime involving moral turpitude, you first I-129F petition will be denied. Hands down. Fact.

Even if you file for a K3, or CR-1. It will fail as well. Your only option is to move there and start a new life.

This would be true if the OP was the non-USC.

Tell that to the VO.

None of this is a laughing matter. Your post regarding a crime of moral turpitude is simply wrong because the clause(s) to which you refer, apply to the foreign beneficiary at the Consulate stage, not to either petitioner or beneficiary at the petition approval stage or to the USC in any way.

Let's stick to the facts.

I agree. I did a little bit more research within my department and found, according to House Act "H.R.4472", which specifically states...

Sec. 402. Barring convicted sex offenders from having family-based petitions approved.

So any petition, will at some point, be denied. I read into this a little more and found several posts on this and another forum where this Act was held up to its word. There would be some litigating circumstances, but I would need to know more about the situation to interpret what would happen exactly.

Not only will it be denied, but since this was the crime...

Offense: 11990002 Sexual Assault Child

Counts Victim Sex Victim Age Disposition Time Status

1 Female 15 10/11/2001 36M PROBATION

That is exactly what the Adam Walsh Child Protection and Safety Act of 2006 was enacted for.

Sadly, any petition will be denied. However, I did find some information in which one instance you could possibly get the visa.

A collateral effect of the new legislation was its implications on the United States Permanent Resident Card process. Until January 2007, U.S. nationals living abroad who married a local and intended to obtain green cards for their spouse and any immediate family members were able to initiate and complete the majority of the application process at the local U.S. Embassy/Consulate. However, because of the newly enhanced background check and criminal history data trail requirements, the new law had initially been interpreted by the Bureau of Consular Affairs and USCIS as leaving Consular officers ill-equipped to fully handle the I-130 adjucation process. Thus, as of January 2007 I-130 petitions, supporting documentation, or fee payments could no longer be completed in the country of the foreign national.[6]

However, the government made a quick about-face two months later. Due to a significant number of complaints from applicants about the resultant processing delays and from immigration officials about the deluge of paperwork that came with the centralization of the process, the visa petitioning process for immediate relatives of US citizens was resumed at U.S. embassies on March 21, 2007.[7] However, all embassies were required to add a 6 month residency requirement for the US Citizen to file an application directly.

The Act also for the first time limits the rights of citizens or permanent residents to petition to immigrate their spouse or other relatives to the U.S. if the petitioner has a listed child sex abuse conviction. If that is the case, then the petition cannot be approved unless the Department of Homeland Security determines in its unreviewable discretion that there is no risk of harm to the beneficiary or derivative beneficiary.

I hope it is some help.

[archie07 0]

plz someone correct me if im wrong but doesnt being a registered sex offender happen only when there is either sex offender of a child or children........or brutal rape of an adult? or Adults?..........just simple he was 18 she was 15 does not get u registered as a sex offender.

Yes, statutory rape does get a person registered as a sex offender...

that sounds so strange to me i guess we just live in the wrong state the man that raped my elder sister when she was 3 years old got sexual misconduct with a minor ........because she was to traumatized to testify and it was the deal that his attorney cut....but he was not put on the registry for sex offenders......it was considered non felony charge......same as what most cases of statutory rape are in this state..................

That wouldn't fly in florida..

[archie07 0]

plz someone correct me if im wrong but doesnt being a registered sex offender happen only when there is either sex offender of a child or children........or brutal rape of an adult? or Adults?..........just simple he was 18 she was 15 does not get u registered as a sex offender.

Yes, statutory rape does get a person registered as a sex offender...

that sounds so strange to me i guess we just live in the wrong state the man that raped my elder sister when she was 3 years old got sexual misconduct with a minor ........because she was to traumatized to testify and it was the deal that his attorney cut....but he was not put on the registry for sex offenders......it was considered non felony charge......same as what most cases of statutory rape are in this state..................

That wouldn't fly in florida..

Child (consensual sex, child under 16 to 12 Yrs of age)

Felony, Up to $10,000 Fine &/or Up to 15 Yrs Pen.