Sex Offender Applying for K1

[venusfire503 54]

Thats why they call it Jail Bait..where do we draw the line??

If you mean "under the age of consent" when you say "jail bait", then the answer varies by state. I googled it, and according to a chart (http://teenadvice.about.com/library/weekly/qanda/blageofconsentchart.htm) dated 2001 (I believe near the time of the OP's offense) the ages ranged from 14 to 18 depending on where you live. To further complicate things, it sometimes depended on whether or not the parents consented. Oh, and also whether it was male/female, male/male, or female/female. What all of that means is, the line is drawn at different places for different people. The majority of states did not list 18 as the age of consent (only 15 did). If the OP had lived in any of the 28 states that listed age 16 or younger, he'd have been in the clear.

Also, my other point was, since Adam Walsh was not in effect at that time, the OP could not have known that his offense would, years later, possibly prevent him from petitioning for his fiancee to enter the country.

I know it's a little ridiculous as an example, but what if the laws changed so that anyone caught drinking underage would be prevented from petitioning for a fiance(e)/spouse? They could claim that underage drinkers are more likely to become violent drunks, and they want to protect people from that, too. (no, I was never caught, my love is already here, I don't drink now, and I'm not an alcoholic, in case anyone was thinking of asking)

I'm just saying that having laws change, but affecting people who broke them years before they were in effect, isn't really fair. I don't see a problem with USCIS making sure the fiancee is aware of the offense, so she can make her own informed decision (she's an adult). But keeping him from applying just like the rest of us is a different story.

[s.o. 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 too am in this situation and i will share anyinformation i obtain. what i am trying to figure out is how to get the USCIS to make a decision, Yes or No to my petition. i think there plan is to wait and wait and then wait some more hoping that we will just forget it. the USCIS must be careful how they proceed as to avoid any legal contest. i think that the issue of sex offenders being banned fron being approved for K1 or K3 visas will have to be considerd and decided in a court of law!

let me ask you a ? when you prepare dyour k1/k3 application did you ever read anything about the Adam Walsh Act? anything at all? why would they not just make it clear that NO SEX OFFENDERS NEED APPLY? i will tell you why, because they are making money off the application fees!

i truly hope that a solution will be found that will benefit our country and those of us who are just trying to be with the one that we love.

what do you think? dwain

[n00b 0]

Have you spoke with an immigration lawyer? they only gave me a 50/50 chance of getting the k1 cleared. But gave me a 90% shot if i went there and married.

But im really sick of the rules in the usa, so im ready to just fly there, and live and say forget this place. I don't care to play the law games in the usa anymore

[missingyou_01234 0]

I got this from Internet search. To those who had sex offense in the past kindly read this. It may HELP...

http://www.gao.gov/new.items/d06735.pdf

[madd 0]

I was wondering if anyone has suggested for everyone who has this problem try to band together, and pool their recourses. Hire a constitutional lawyer to try to overturn "Adam Walsh" as unconstitutional? Or, maybe contact the ACLU (American Civil Liberties Union)?

[n00b 0]

Oh and another growing problem " International megans law" Being that sex offenders are a hot topic for politicians , because its like a which hunt but check this out. Its not a law yet, but they are working on it.

http://www.govtrack.us/congress/bill.xpd?bill=h110-5722

Meaning once passed, a sex offender will have to give notice before going over seas, and then our country will contact the country you are going to , and tell them you are a sex offender based on the usa laws, and its up to them to "accept you" or not.

Ha!! soon we will be trapped in the usa, you would think the usa would want the sex offenders gone? but of course not its all part of the game.

Take my case, i had consensual sex with someone underage (based on my state) by most other countries standards what i did it not against their laws , only ours. But, i can bet when this goes in effect , that the country you go to wont check your case and based it on their laws, they will probably just go with whatever the usa says and deny you entry.

My advice is do what you need to do now, the window of freedom is closing and you may one day be trapped , in the usa.

[ShadMot 1]

Oh and another growing problem " International megans law" Being that sex offenders are a hot topic for politicians , because its like a which hunt but check this out. Its not a law yet, but they are working on it.

http://www.govtrack.us/congress/bill.xpd?bill=h110-5722

With Democrats now controlling both the House and the Senate I would think the probability of this passing is much lower. Democrats do tend to support civil liberties more so than Republicans. But then who knows. Sex offenders is a popular target by politicians. But with each of these laws you have to ask yourself, does the law actually protect the public or is it just meant to continually punish sex offenders long after they've done their time. With federal and state budgets in major deficit, all these sex offender laws such as registration and GPS etc cost billions of dollars. The pink license plate idea. Now that bill has been shot down in my state over and over but still it's getting ridiculous at this point. Despite public opinion, the recidivism rate of sex offenders is very low and much lower than other types of crime such as burglary, drugs, car theft, etc. Department of Justice shows that just 5.5% of registered sex offenders are ever arrested for another sex crime. But public perception is that every sex offender is just looking to commit another sex crime everyday everywhere they go.

[sj5 4]

I'm still wondering why its felony when you had sex with your x-gf? What are the factors you've done?

Edited November 23, 2008 by SJ

[ShadMot 1]

I'm still wondering why its felony when you had sex with your x-gf? What are the factors you've done?

Even a ONE day age difference 18 year old with a 17 year old 364 day is considered a felony in my state. There is no minimum age difference required. There's very few states like this and unfortunately I'm in one of them. In some states, I would have been charged a misdeamnor and in other states I couldn't have been charged at all. Age of consent laws vary quite a bit from state to state.

[Uncle Wally 2]

My wife is 15 and I'm 62, but we're legally married. This isn't going to be a problem, is it?

[n00b 0]

In the usa its strange, in some states girls at 15 can legally marry, but can't legally have sex with someone more than 2 or 3 years apart . So if the girl is 15 and the guy is 18, he can go to jail, even if the girl says she wanted to do it, it breaks a state law, (they dont care if she wanted to or not). Its amazing really the rules we have in the usa , by most countries standards this is stupid.

[Old Dominion 26]

What were the circumstances of the arrest? How did the matter get the attention of the police? That is the crux of the matter, no doubt.

[Carlawarla 1]

This was posted in another thread. I didn't want it to get lost.

http://www.gao.gov/new.items/d06735.pdf

[Maria232 0]

I read about a group planning a legal action against IMBRA, but I do not know if they have legal experts on the Walsh Act. The admin is a lawyer, and they seem to have other lawyers involved.

I read their website at www.onlinedatingrights.com Maybe give them a try and see what they know.

You are the victim of a Puritanical culture. My husband wanted to get involved with Big Brothers when he was single. But when he applied they said he had to go through a criminal background check. He has never been arrested by anything, but he refused on principle and out of fear that the climate of suspicion about single men is such that if some boy falsely accused him of touching the boy he would be judged guilty until proven innocent. Some will say this background check is needed to protect kids of sexual molestation, and this may be true. But it is also true that some good men who could be good big brothers choose not to do it. I wonder if the remedy is worse than the disease.

[Old Dominion 26]

The criminal background check is required of teachers, doctors, Scout leaders, church workers and volunteers and that's unfortunate. What's more unfortunate is that it has become so risky for adults to work with young children in any environment. There are always those who will allege inappropriate contact just to make a few bucks or publicly humiliate someone for the fun of it.