HELP PLEASE.....i need your opinions/advice!

[pumpkin29 2]

hello everyone....

my fiance was convicted with sexual imposition, misdemeanor 3 (tier 1) and was on a 21 days work release.. 2 years probation was terminated early to 1 year, as per recommendation from the probation officer, and stated that his case is an isolated incident. he was ordered by the court to go through testing and results of said testings were enough to convince the court that he is not a sexual predator nor habitual sex offender but was ordered to register as a sexually oriented offender and when he was sentenced, he was not required to undergo any counseling or rehabilitation programs.

our case falls under AWA and we are now on the process of gathering evidences for NOID. part of the noid letter states that " if you contend that you pose no risk to the beneficiary, you should submit evidence in support to that contention such as certified record indicating succesful completion of counseling or rehabilitation programs, certified evaluation from psychiatrists or clinical psychologist that attest to the degree of rehabilitation or behavior modification"....

are those records or evaluations refering to the records of counseling conducted during and after the conviction or does it mean he has to go counseling or rehabilitaion programs at the present time, like now?

[C0881 2]

Does have the paperwork from court/probation officer that says he doesn't need to go thru counseling or rehabilitation programs? If yes this is one of the most helpful evidence. Current psych report from a licensed psychiatrist/clinical psychologist/psychologist is a must too, personally i think. My husband was discharged in 2005 and since then we don't have any "paperwork" to prove that he is not a threat therefore even tough I KNOW he is not a threat we still had to get a psych report from a private-practice licensed psychologist recently before we filed the petition. My AOS is still pending but I was scheduled to an initial interview next Month. Besides the certified court records, we also submitted a current psych report, an affidavit from me(4 page long), an affidavit from his roomate, and letters from friends. So far we have not received any RFE but the interviewer might ask us for more evidence at the interview. Depending on what she/he would ask for, we will then gather the paperwork..but there aren't anymore we can think of now... There is a topic in this forum about polygraph. The original poster did get an approval with a polygraph PLUS other relevant documents. The link is here maybe you can take a look:http://www.visajourney.com/forums/index.php?showtopic=200384

[pumpkin29 2]

hi,

my fiance just filed a motion or request to the court to release said result of test which states that he need not to go through counseling or programs and we have a date set for that already,hope it will be granted. he is now calling and scheduling for a current psych test, he just had polygraph done too yesterday. i have drafted my affidavit and ready to be sent to him soon and my fiance is collecting letters of recommendation from relatives and friends also. i hope everything will be smooth. we were just a little confuse with the counseling thing but yeah, he might as well have a current one. thanks for the reply and hope yours will be ok soon..goodluck to you also!

[A and T 82]

hi,

my fiance just filed a motion or request to the court to release said result of test which states that he need not to go through counseling or programs and we have a date set for that already,hope it will be granted. he is now calling and scheduling for a current psych test, he just had polygraph done too yesterday. i have drafted my affidavit and ready to be sent to him soon and my fiance is collecting letters of recommendation from relatives and friends also. i hope everything will be smooth. we were just a little confuse with the counseling thing but yeah, he might as well have a current one. thanks for the reply and hope yours will be ok soon..goodluck to you also!

Being that he is your fiance' its going to be a huge uphill battle. He might want to speak to a lawyer, chances are probably better if you guys are married already, but I really can't say either way

[pumpkin29 2]

Being that he is your fiance' its going to be a huge uphill battle. He might want to speak to a lawyer, chances are probably better if you guys are married already, but I really can't say either way

that's what we thought too, but in my understanding on the USCIS AWA GUIDELINES, said law is applied to both fiance and spouse visa, ..i have no idea if it's a case to case basis like maybe the severity of the offense done or anything like that coz i think the interpretation of the law depends on the states where you are residing. some states requires registration but some do not but still, whether you're a RSO or not,at USCIS, the law still applies. some state may not require it because i think they did not implement or adapt the AWA law coz the money they will spend for said adaptation of the law is more than the fund they received from federal government. and i have read that the government has postponed the deadline for all the state to comply or adapt the said law until july 2010. like what i have said, that's just what i read....but then, i hope we are doing everything right without a lawyer. at my fiance's state, the conviction he was charge with was the lowest one as to the classification of offenses. so we are hoping and praying that if its a case to case basis, that everything will be smooth and that regardless what the conviction was, i hope everybodywill be given a second chance.