Waiver?

[eagerly 2]

Hi all. When I married my wife who is already here in the US, right after we got married we hired this immigration lawyer. Our contarct with him states that they will provide service and represent as to USCIS on the Application for Petition to Alien Relative, Work Permit and AoS in obtaining Conditional Green Card.

Unlike K-1 petition, a petition to a relative who is already here in the US, the question if the petitioner was convicted of a felon is not asked. I was asked about it during our interview and I did not deny it. Thus, I was told they would issue a RFE and NOID. I was asked to submit certified copy of rehab completion, certified evaluation as to behavior modification and community work. Atthis point in time I have more to provide to show that I am not a risk. I am not also required to register as a sex offender.

Now, my dilemma is I was informed by my lawyer that I need to sign a new contract with them. How come I have to when in fact, my application for petition nor my wife's AoS has not come to an end. I mean it has not been denied yet. I hate to think that the 3k dollars I paid for my lawyer initial was just for them to file my application. And now that a waiver is to preparaed that is another contract? Has anyone had experience like this that preparing is a waiver does not form part of "the services when lawyers apply for the petitioner:?

I am presently in the midst of financial problem, and was hoping that someone could provide me with how a Waiver looks. You can take hide the names if you dont wish to be identified. I know that for someone petitioning and who falls under the Adam Walsh Act needs to have a good immigration lawyer. But I cannot afford it already. I want to keep my wife and hate to see her go. If she gets denied, I may not even provide her with a plane fare to go back home.

I need all the help from you guys...do I really need to sound like a lawyer when I prepare a waiver? I have done all the legwork and the lawyer needs to prepare my wiaver. is asking me another 6k for this. And I was told that the approval is not even certain.

Many thanks

[payxibka 10,045]

An "Adam Walsh" waiver is a big, big, big deal and is quite time consuming. I am sure your original agreement was for standard processing.... a waiver is by far not standard

Edited October 2, 2009 by payxibka

[Rings 10]

Ewww Adam Walsh is hard stuff man you need that lawyer. He is charging you more because of the extent of the process. I will find you some information on the Adam Walsh act and post it here for you to look at.

[Rings 10]

Here is some information you should read. http://www.visajourney.com/forums/lofivers...hp/t210048.html

[eagerly 2]

So, you feel I really need the lawyer and I just cant do it on my own? I did all the legwork, papers are all ready for write up.

An "Adam Walsh" waiver is a big, big, big deal and is quite time consuming. I am sure your original agreement was for standard processing.... a waiver is by far not standard

[Rings 10]

So, you feel I really need the lawyer and I just cant do it on my own? I did all the legwork, papers are all ready for write up.

An "Adam Walsh" waiver is a big, big, big deal and is quite time consuming. I am sure your original agreement was for standard processing.... a waiver is by far not standard

In all the years I have posted in this forum I have only seen one person file a waiver under the Adam Welsh act and succeed at it and they used a lawyer. If you are a felon, then it's deep stuff and it's not easy to pass the waiver. My advice is to stay with an attorney, but if you are not comfortable with your current attory's pricing, then shop around... tell the attorneys the whole truth and most of them will give you a free consultation. Shop around, but I still think you need a lawyer.

[Rings 10]

You can't wait to file the waiver to see if her petition is denied, because you are going to get an RFE, but they are not just going to run background checks on her, they will also do it for you because you are the petitioner. If you are a felon (does not matter what you did) then you will get a request for evidence (RFE) for information pertaining to your criminal background prior to approval. You have to prove you are of no harm and that's difficult to prove and to succeed. You will have to file a waiver to avoid the K1 from getting denied. Those waivers are hard as hell to pass simply because a felony is a federal crime.

Edited October 2, 2009 by Rings

[eagerly 2]

Just wondering what makes it difficult to prove? I have everything that they wanted me to provide them, in fact more than that. I have not committed any crime other than the sex offense which happened 20 years back, such is shown as when background check was run. I have been living with my wife for almost a year. Prior to getting married to her, we have known each other for 6 years and we are intimate everytime she comes to visit here. Hmmm...maybe they should phone GOD to find out how I have CHANGED. Sorry to sound this way...why cant people be given the chance to change and be happy. Thanks Rings for all your replies..I appreciate it so much.

You can't wait to file the waiver to see if her petition is denied, because you are going to get an RFE, but they are not just going to run background checks on her, they will also do it for you because you are the petitioner. If you are a felon (does not matter what you did) then you will get a request for evidence (RFE) for information pertaining to your criminal background prior to approval. You have to prove you are of no harm and that's difficult to prove and to succeed. You will have to file a waiver to avoid the K1 from getting denied. Those waivers are hard as hell to pass simply because a felony is a federal crime.

[franklie 0]

Here is some information you should read. http://www.visajourney.com/forums/lofivers...hp/t210048.html

PM the OP of this link for info

http://www.visajourney.com/forums/index.php?showtopic=200384

[eagerly 2]

Just talked to my lawyer, he said he used to provide 10 pages of waiver. He told me he is not going to drop the ball on me, and he will prepare a cover letter for my waiver---a page, stating all the supporting doucments to prove I am not a threat. He said he be willing to look at my evidences and guide me if such are relevant to form part of waiver. Much as I wanted to pay him, I am not able to...so he told me he would help but not a ten page wiaver. Now I am a bit confused, what exactly is written on a waiver.

So, you feel I really need the lawyer and I just cant do it on my own? I did all the legwork, papers are all ready for write up.

An "Adam Walsh" waiver is a big, big, big deal and is quite time consuming. I am sure your original agreement was for standard processing.... a waiver is by far not standard

In all the years I have posted in this forum I have only seen one person file a waiver under the Adam Welsh act and succeed at it and they used a lawyer. If you are a felon, then it's deep stuff and it's not easy to pass the waiver. My advice is to stay with an attorney, but if you are not comfortable with your current attory's pricing, then shop around... tell the attorneys the whole truth and most of them will give you a free consultation. Shop around, but I still think you need a lawyer.

[Old Dominion 26]

A recitation of facts (referring to attached proofs) that show you are not a threat to anyone; that your wife is fully informed of that felony; that USCIS should waive Adam-Walsh in your specific case. There is probably no need for ten pages of original writing by the lawyer, but the attachments plus his letter may add up to ten pages.

Since apparently almost no one has been granted a waiver, after conviction of a sex crime, there seems to be no magic formula to follow. Accept the lawyer's offer and let him do the best he can. Good luck!

[Angie Y Shane 2]

There is no such thing as a wavier for Adam Walsh Act. Again read my forums on what is needed for evidence to prove you are not a threat to your loved one.

You need letter explaining your crime and showing remorse about it. I will Pm you a sample of what I did.

[eagerly 2]

Anyone have suggestions as to how my letter should be written? I tried explaining my crime and remorse in my letter, its a 4 page letter. This does not include the rest of my evidences. So, should I write a long letter or short one will be fine? I am afraid the immigration officer who will read my letter would find it so lengthy. What you guys think?

Thanks

There is no such thing as a wavier for Adam Walsh Act. Again read my forums on what is needed for evidence to prove you are not a threat to your loved one.

You need letter explaining your crime and showing remorse about it. I will Pm you a sample of what I did.

[C0881 2]

I also agree there is no wavier for AWA. The initial application requires (in the USCIS memorandum ..2007) the petitioner to submit evidence of certified court records, pre-sentence reports, psych report, community service and any evidence that would prove that the petitioner is not a risk/threat to the beneficiary. When we filed for K1 back in 2006, we did not submit all these because we thought they would send us RFE specifying what kind of evidence they need. But our thinking was wrong. The burden of proof is on the petitioner. We guess that's why our case had been pending for 2 years. .. by the way I sent a PM to you..