ADAM WALSH ACT WAS BEAT

[siciliantizio1979 0]

I can not give to you any advice in regards to your process I have no experience except for our K-1 process we are still in.

I will say the need for an attorney is there; as with any complicated case I recommend hiring an immigration attorney.

Some would say you do not need an attorney and that may be true but for us having the attorney lowers the stress levels and has helped our process move somewhat quicker than others by being proactive.

Also being new here some may ask what the offense was that made your husband an AWA filer; I do not believe this matters as much and a competent attorney should tell you the risks.

Read through the posts here on VJ and learn what other AWA filers did to be successful.

It was a non-violent case, he got involved with a minor who lied about her age and the mother filed a case against my husband when she found out about it. He was convicted, did time for 2 years, was on parole for another 3 yrs and now he has been released from parole since Dec of 2009. We do have a lawyer but she is not familiar with AWA and ours is the first one that she handled. She thought that AWA only affected K-1 filers. The clinical psychologist told my husband it would cost around $2,000 for the psych evaluation. As part of his parole, he was not mandated to see a therapist since his parole officer didn't see it necessary and he was profiled as a non-violent person. He did see a therapist for a few sessions and did a polygraph test as well before he was released. I'm basically counting on letters of recommendation from family, friends and employers to get us through this.

[A and T 82]

It was a non-violent case, he got involved with a minor who lied about her age and the mother filed a case against my husband when she found out about it. He was convicted, did time for 2 years, was on parole for another 3 yrs and now he has been released from parole since Dec of 2009. We do have a lawyer but she is not familiar with AWA and ours is the first one that she handled. She thought that AWA only affected K-1 filers. The clinical psychologist told my husband it would cost around $2,000 for the psych evaluation. As part of his parole, he was not mandated to see a therapist since his parole officer didn't see it necessary and he was profiled as a non-violent person. He did see a therapist for a few sessions and did a polygraph test as well before he was released. I'm basically counting on letters of recommendation from family, friends and employers to get us through this.

Whats the point of your lawyer if she/he doesn't know anything about AWA? I mean you might as well file it yourself and save the money.

[evli1966 88]

Whats the point of your lawyer if she/he doesn't know anything about AWA? I mean you might as well file it yourself and save the money.

Although an Attorney with experience handling AWA cases would be preferred any attorney that would ensure everything is filed accurately, on time and would most likely prevent you from hurting your case in someother way should be used.

To be honest from my internet search, reading these forums and talking to my attorney there are few attorneys that have what we would consider experience. The law being so new (with consideration of the changes in 2008) that it would be hard to find one.

The issue is not with the law and an attorney understanding it but with a government employee who is being forced to make a decision that was not meant to be theirs to make. (Whether or not an AWA filer is a threat to there soon to be or already spouse and or their families.)

[crazytime 0]

Hello well here is the good news. I received my approval notice today. My case showed enough evidence i Pose no rosk to my wife. ADAM WALH WAS DEFEATED. Adam walsh filers rest at ease, <img src="http://www.visajourney.com/forums/public/style_emoticons/<#EMO_DIR#>/kicking.gif" style="vertical-align:middle" emoid="" border="0" alt="kicking.gif" />

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN Current Status: Approval notice sent.

On June 2, 2009, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

<b></b>I worked very hard on this case. With polygraphs, letters from family memebers. I will work very hard this week for others to know my portfolio of what I sent to get this approved this week. Peaple that prayed for us thank you sooo much. God bless you all.

Shane & Angie

[evli1966 88]

Hello Crazytime did you have a questions we could possibly help you with?

[crazytime 0]

Hi you guys first of all, Congratulations. We know how hard you guys worked to get to this day! If you guys have any ideas of what we can do , please, please....please let us know! we are desperate. My husband was 13 years old(now 28 years old) was playing house with other kids, then the neighbor decided to press charges. Ever since he has never had any issues with the law. Weve been fighting them for 3 years now, we have a little baby boy(7 months) and they want to deport me back to europe, again if you guys haver any advice or any ideas , please let us know. One more time Congartulations to you guys !!!

[crazytime 0]

I see , my husband didnt even do any jail time, he did 2 years parole and counseling. And he was convicted as a minor. Our lawyer thought they want to know about criminal backround for me only, we didnt even think about hm , cuz he is already a citizen.

[crazytime 0]

We are looking for an attorney, just really hard to find an attorney that even knows about AWA

[evli1966 88]

We are looking for an attorney, just really hard to find an attorney that even knows about AWA

First we all understand to soem degree your frustration and are willing to help if we can.

Where are you in the process?

try and fill in your timeline.

You say you have been fighting for 3 years so to what stage are you in?

You mentioned a possible criminal background for yourself; do you have any felonies?

Have you actually seen read the court documents for his arrest and conviction? (not throwign doubt at you but you have to be 100%)

Have there been any other allegations (not charges) ever where DCFS would have been involved?

As for an attorney it is expensive and difficult to find one with that type experience especially with alot of interpretation being done by the UCIS adjudicator.

There is lots of information and help here please be patient.

We need to know where you are at in the process before we can actually help you.

[RS2 3]

hello AWA filers, cud you pls help us what are the evidences you sbumitted..thanks im so worried about this no idea at all coz we have no lawyer we just submitted few..hope you can extend help to us( b4 its too late for us)...many thanks Godbless and Godluck

LJ

[C0881 2]

Rs2,

There is a memorandum posted on USCIS.gov regarding what types of evidence USCIS **might** consider proof that the petitioner poses no risk to the beneficiary:

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/adamwalshact020807.pdf

includes but no limited to certified court records, police reports, sentencing reports, psychological therapy during prison time and after prison time, psychological assessment/report recently, community services, letters from friends and families...I would also suggest a statement from the petitioner and the beneficiary. But it really depends on how they interpret your evidences. I wrote a 7 page affidavit to show them my understanding of my husband's conviction. But USCIS's denial letter says that my statement shows insufficient understanding of my husband's crime. We submitted the psychological assessment done by a licensed psychologist but USCIS says that just one-hour assessment is not enough...and my husband was not ordered to take therapy programs after discharged but USCIS says he submitted no documentary evidence that he attended programs after discharge. Discharge is DISCHARGE, right?

well, i hope the above link helps you...You really need a lawyer..

[siciliantizio1979 0]

Hi C0881, I'm sorry to read that your petition was denied. I am about to submit our reply to the NOID that we received in a few weeks. We are going to submit a polygraph test, letters from my husband's parole officer, letters from family and friends, a certified background check.

What are your plans now? Are you planning to file an appeal? Being in this situation is so scary, I'm always thinking that any day now someone will be at our door to come take me for deportation or something. I' m also in the process of renewing my work permit and we have not received work on that yet.

[A and T 82]

Rs2,

There is a memorandum posted on USCIS.gov regarding what types of evidence USCIS **might** consider proof that the petitioner poses no risk to the beneficiary:

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/adamwalshact020807.pdf

includes but no limited to certified court records, police reports, sentencing reports, psychological therapy during prison time and after prison time, psychological assessment/report recently, community services, letters from friends and families...I would also suggest a statement from the petitioner and the beneficiary. But it really depends on how they interpret your evidences. I wrote a 7 page affidavit to show them my understanding of my husband's conviction. But USCIS's denial letter says that my statement shows insufficient understanding of my husband's crime. We submitted the psychological assessment done by a licensed psychologist but USCIS says that just one-hour assessment is not enough...and my husband was not ordered to take therapy programs after discharged but USCIS says he submitted no documentary evidence that he attended programs after discharge. Discharge is DISCHARGE, right?

well, i hope the above link helps you...You really need a lawyer..

Wow, "We submitted the psychological assessment done by a licensed psychologist but USCIS says that just one-hour assessment is not enough...and my husband was not ordered to take therapy programs after discharged but USCIS says he submitted no documentary evidence that he attended programs after discharge"

I guess USCIS know better than a licensed psychologist? thats an amazing one to me. If a licensed psychologist, who went to college for many years determines you have no problems , and you complete all requirements for your state, that should be it. If you do what is required by the state, then you have followed the law.

Maybe a class action lawsuit for discrimination is needed

[RS2 3]

WE GOT APPROVED TOO!!!..finally...Praise God

[RS2 3]

VISA APPROVED!!!...wheww! what a journey