IR-1 could this end up AWA

[miricco 0]

Hello Everyone, in 2006 married my now present wife while working and living in Colombia, Last week we decided that we would like to raise and School our 5 year old back in my Country of America.

Looking on the Internet and seeing how easy it would be to file the 130 in Bogotá we were happy until last night reading this site i seen something called the Adam Walsh Act and after reading the heart breaking post i decided to write and ask for advise.

Back in the year 1991 my seven year old step daughter told her teacher that there were times i improperly touched her. The Police came to our Home and interviewed me and my wife and our daughter and the detective felt there was no wrong doing on my part or my wife and left. We called a week later to ask if I were going to be charged and he said no.. we felt it was over until DSS came to our home to Interview me and our family. To make a long story short we ended up in Family court having a fact finding hearing were it was the Judge decision that I sex abused my Child, I never admitted Guilt to any thing for the reason i did nothing. my then wife was charged with Neglect for refusing to leave me.

We were all ordered to Family counseling the Stepchild was ordered to live with my wifes sister for some months as a precaution during our counseling and evaluation. And we had Custody of our 2 year old son

After about six months of Family counseling it ended and we were all reunited and lived together as a family for many years and our daughter grew up and left for Collage and around 2004 we divorced for other reasons and went our way's staying friends making sure we are there for our kid's.

Now I checked to day with the Family Court and they claim the files are old and archived i have no docket numbers and I know i was not charged with any Criminal Sex abuse never went to jail was never finger printed for this. I called the State and asked if I was on any Registry they Checked asking My SS # My full name and State that it took place, they said there is No record and they also checked a police and crime data base and not a thing shows up and I do not have to register as a sex offender. I'm not 100 percent Clean as over the years i had speeding tickets and one time when i was younger i had 3 Motorcycles and only one was properly register but i used to switch the plates so i could ride the others until i got caught and arrested for improper plate and no insurance.

So Knowing a Little bit about this can any one think of a reason why i should not try and File our 130 for my wife and Child ? We truly wish to give our Child the best Life and coming back home to America would be Great.

Thanks

[Bobby+Umit 161]

Sounds like your not under any conviction, so the AWA wouldn't be involved here.

[miricco 0]

Sounds like your not under any conviction, so the AWA wouldn't be involved here.

Bobby i can only hope and pray that it is true and all goes well

[rommelb 0]

.

[baron555 934]

it was the Judge decision that I sex abused

We were all ordered to Family counseling

I don't mean to rain on anyone's parade. You WERE charged and then did counseling. The fact that your "record" is clean is of no consequence, the USCIS has other means to look at your record. You should disclose this and be totally honest. This happened a long time ago. Tell them everything, just like you told here. Look at similar post in the IMBRA section of these forums. You will want to have those records of successfully completing the counseling, etc. as proof you are not a threat anymore.

Good luck.

Edited May 30, 2009 by baron555

[miricco 0]

it was the Judge decision that I sex abused

We were all ordered to Family counseling

I don't mean to rain on anyone's parade. You WERE charged and then did counseling. The fact that your "record" is clean is of no consequence, the USCIS has other means to look at your record. You should disclose this and be totally honest. This happened a long time ago. Tell them everything, just like you told here. Look at similar post in the IMBRA section of these forums. You will want to have those records of successfully completing the counseling, etc. as proof you are not a threat anymore.

Good luck.

Your not raining on my parade it is what it is, and it is up to me to prove that if this is flagged as AWA i will prove that I'm not a threat. I have already contacted the Counselor to ask for a letter that i competed the 3 sessions of counseling that the court ordered me to attend and that i was discharged successfully. I must clear up i wrote that we all attended family counseling and that was true but that was not court ordered it was to put my family back together after the trauma we endured and to fix why the accusations were made

Could the reason of it not showing up on my record have to do with Family court being a Civil court and not criminal ?

[baron555 934]

Could the reason of it not showing up on my record have to do with Family court being a Civil court and not criminal ?

I personally do not know the answer to that. And please understand that my previous post was more directed to the other posters who stated that you should indicate nothing.

I think your case is solid and you have all the documentation necessary but again, I am no expert. I do wish you luck and am confident that you are a good person.

[miricco 0]

Today i called the court clerk of Family Court, To get a copy of my court record after looking me up in there system there was nothing. she proceeded to inform me that many Documents and Old records were destroyed due to asbestos contamination.

Now What ? i do not even have any copy's of the Court proceeding and can't get any now

[Bobby+Umit 161]

it was the Judge decision that I sex abused

We were all ordered to Family counseling

I don't mean to rain on anyone's parade. You WERE charged and then did counseling. The fact that your "record" is clean is of no consequence, the USCIS has other means to look at your record. You should disclose this and be totally honest. This happened a long time ago. Tell them everything, just like you told here. Look at similar post in the IMBRA section of these forums. You will want to have those records of successfully completing the counseling, etc. as proof you are not a threat anymore.

Good luck.

Rules state if you were "convicted" not "charged". Nothing in his OP suggests he was convicted.

The bolded part - he never pleaded guilty, nor was found guilty, not withstanding doing counseling.

I seriously doubt if he was "convicted" they would of let the family get back together, or not have any record of this as a "criminal" matter.

In his post, he even stated the police that came the first time didn't even do anything we they came - pretty clear to me they didn't see this as anything.

But - if the OP is still unsure, he should talk a lawyer with experience in this.

[archie07 0]

http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm

[miricco 0]

IT'S BEEN APPROVED The past did not come back to bite me

[Anh map 2,098]

IT'S BEEN APPROVED The past did not come back to bite me

Congrats! Glad that it was a fairly smooth process.

[daboyz 36]

IT'S BEEN APPROVED The past did not come back to bite me

[greg55 0]

Hello Everyone, in 2006 married my now present wife while working and living in Colombia, Last week we decided that we would like to raise and School our 5 year old back in my Country of America.

Looking on the Internet and seeing how easy it would be to file the 130 in Bogotá we were happy until last night reading this site i seen something called the Adam Walsh Act and after reading the heart breaking post i decided to write and ask for advise.

Back in the year 1991 my seven year old step daughter told her teacher that there were times i improperly touched her. The Police came to our Home and interviewed me and my wife and our daughter and the detective felt there was no wrong doing on my part or my wife and left. We called a week later to ask if I were going to be charged and he said no.. we felt it was over until DSS came to our home to Interview me and our family. To make a long story short we ended up in Family court having a fact finding hearing were it was the Judge decision that I sex abused my Child, I never admitted Guilt to any thing for the reason i did nothing. my then wife was charged with Neglect for refusing to leave me.

We were all ordered to Family counseling the Stepchild was ordered to live with my wifes sister for some months as a precaution during our counseling and evaluation. And we had Custody of our 2 year old son

After about six months of Family counseling it ended and we were all reunited and lived together as a family for many years and our daughter grew up and left for Collage and around 2004 we divorced for other reasons and went our way's staying friends making sure we are there for our kid's.

you were not charged or convicted should not be a issue

Now I checked to day with the Family Court and they claim the files are old and archived i have no docket numbers and I know i was not charged with any Criminal Sex abuse never went to jail was never finger printed for this. I called the State and asked if I was on any Registry they Checked asking My SS # My full name and State that it took place, they said there is No record and they also checked a police and crime data base and not a thing shows up and I do not have to register as a sex offender. I'm not 100 percent Clean as over the years i had speeding tickets and one time when i was younger i had 3 Motorcycles and only one was properly register but i used to switch the plates so i could ride the others until i got caught and arrested for improper plate and no insurance.

So Knowing a Little bit about this can any one think of a reason why i should not try and File our 130 for my wife and Child ? We truly wish to give our Child the best Life and coming back home to America would be Great.

Thanks