AWA: 3 years married, no greencard yet

[music678 0]

Hi Kazuava,

Thank you so much for the information that you shared. I am new to VJ and mostly reading threads. My husband is an AWA petitioner and he went on to have biometrics last week. We also went to have infopass appointment a few days after the biometrics for us to know what really happened to our case coz the lawyer that I've asked said that it is unusual that the petitioner have to go biometrics, she thinks it's an error. When we went for the INFOPASS appointment, even the person we talk to there was also shock about it. He said, he never had an experience about it. The guy in the appointment look at his computer and told us that USCIS sent us Notice of intent to deny and we are still waiting in the mail. Do you think, it is their new policy? If it is, why they only do that to AWA petitioners and not to other felons like for example murderers?

Please if you have more informations about AWA petitioners petition, I will be grateful and thankful for you sharing it.

Godbless always.

[tel_raider 0]

kazuava, what will i do if they will deny me??what will be my plan b??i really don't know what would i do next.. now, i will be renewing my work permit on the first week of feb this year, is there really a miracle in getting approved??if i would be denied later, can my husband still file for another petition and petition me??what are the forms and the steps..please keep in touch..

[kazuava 4]

Hi Kazuava,

Thank you so much for the information that you shared. I am new to VJ and mostly reading threads. My husband is an AWA petitioner and he went on to have biometrics last week. We also went to have infopass appointment a few days after the biometrics for us to know what really happened to our case coz the lawyer that I've asked said that it is unusual that the petitioner have to go biometrics, she thinks it's an error. When we went for the INFOPASS appointment, even the person we talk to there was also shock about it. He said, he never had an experience about it. The guy in the appointment look at his computer and told us that USCIS sent us Notice of intent to deny and we are still waiting in the mail. Do you think, it is their new policy? If it is, why they only do that to AWA petitioners and not to other felons like for example murderers?

Please if you have more informations about AWA petitioners petition, I will be grateful and thankful for you sharing it.

Godbless always.

hello, music678!

In January 2002, USCIS started to conduct background security checks on all petitioners in addition to the beneficiaries. After adopting Adam Walsh Act, according to USCIS - Guidance for Adjudication under the Adam Walsh CPSA, if during background check there is a hit on any sex related crimes, fingerprinting is scheduled to clarify it. If fingerprinting proves it wrong, case is prossesed is normal, if proves the crime took place, it will be analized if it falls under AWA.

YOu know, your case does. So, what you went through is not unusial, but normal in AWA cases world. We had to do the same, both times.

THat makes me question the knowledge of your lawyer. He may be a great lawyer, but not knowledgebke in a case of AWA. And in future you may need a lawyer. THat is just a thought, but you may what to check out now, while you don't need help for atterneys who have an experience in AWA or at least have an idia and will be willing to play this game.

About your next question, I have only a guess. I think, THe NOD1 is sent in all cases after it's clear that they fall under AWA. In this NOD you may get the request of sertified copies of police records, court dispositions, etc. you will be given a deadline. PLEASE meet it! Or you WILL be denied! USCIS doesn't have to take into account any of your stuff you send after deanline.

Then USCIS should look under microscope in your case to see the nature of a crime to decide if your husband poses a risk to you.

Here you come to a point where you need a good advise not from me.

Looks like to get those police records is just another step for USCIS. THat may sit on a case after getting all of it for a long time. I think, the best is to sent WITH police records and etc., supporting documents that he is not a threat. THe best lists I found in a thread Adam Walsh Act was beat.

Your husband has only one chance to prove he is not a threat. The desision in not appeable! (That is unfare, I think...) SO, be really serious when you deside to send your proff.

Because we sent all police rec, etc WITH our petition, and, frankly at the interview the officer was totaly unfamiliar with them. She had only knowledge of my husband commiting a crime. So, now we are waiting for a letter from her where she said she would state what she wants to see as a proff. My husband as well as lawyer, because of a precausion, don't want to spent thouthands of dollars on a proff untill they see a request of any kind. After readind forum, I have an impression that we sould get a NOD with option to prove "beyond any doubt that he doesn't poses any risk to benefisiary". Without details of what exactly they want to see. But, we are waiting for allmoust 6 month for this letter, I guess, we can wait more.

THough, frankly, I tend to think that the beast thing to do is to prepare strong proff, like those guys did and send, because eventually you will have to send it anyway. After USCIS gets that, they will have something to work on. THat sould speed it up. The cons: it may be expensive.

But after sending prof you are approved, or not. And from what we understand, because the estimation if he is a threat to you is not appeable (in immigration guidance), you best shot is to appeal in federal court.

I may be sound in a confident mannear, but that is still an oppinion, and God save me if I misunderstood something from my discussion with my husband about what is going on and what can be.

As for you last comment... I agree. Murders? What about people who was charged with bitting wifes and children? And finally, what does it have to do with us, adults? Our husbands will not be any safer for public if we are deported. rehabilitation also means sucessfull reinregration into sosiety. And the whole AWA (not only in immigration point of voew) is a big obsticle for it.

Good luck!

P.S. What is your timeline?

[kazuava 4]

kazuava, what will i do if they will deny me??what will be my plan b??i really don't know what would i do next.. now, i will be renewing my work permit on the first week of feb this year, is there really a miracle in getting approved??if i would be denied later, can my husband still file for another petition and petition me??what are the forms and the steps..please keep in touch..

Hello, tel_raider!

Let me start from correcting my last reply to you.

I said that they can't deny without stating a reason. Notice of Intent to Deny may simply state that "the USCIS intended to deny petition because he was ineligible to file a family-based immigration petition under the Adam Walsh Child Safety and Protection Act" (from one of the posts). Unless your husband "proves beyind any doubt that he poses no threat to benefisiary".

There is a chance you will get such a notice, like me and anybody else. In that case the only way you will get approved is by providing strong evidence. You know his case better. Starting from your individual situation think what you can provide. But I found 2 very good lists of proff in a threat Adam Walsh Act was beat. They got APPROVED! THat is a good news. So, what I would suggest is save up money, come up with letters from yourself that you knew about it before you got married, himself with his explanation and his feelings about past and future, relativer, friends... May be those you can do now, to save you presious time in future. And if you get NOD get to costly polygraph, psychological exam, etc.

One guy wrote me he got 87 days deanline to send proff.

THat is your plan A: to do what you have to do. Your petition is still alive.

If you miss a deadline and is denied because of it. Reaply! THat is the best! As for forms - regulas, just like 1st time, but we attached certified copies of police records and all of it WITH it. With explanation letter.

If you got denied because your proff is not sufficent... If what info you told about your husband past is exact, you sould be approved. Stalkind etc, isn't a good thing, but in comparathing with what it could be is nothing.

But in the worst case... We think that the beat way to appeal will be to Fed Court, because from what it reads that the ajudication of him being a threat is not appeable. In case that happens we will not take chanses with deportation court but go to Fed Court. (lawyer will be necessery at this step, and I may be wrong, YOu may be able to appeal to immigration court. When I was denied there was something about appeal withing 30 days, I think. But the point is that you may appeal, but you want to get a result in your favour. I know, our layer thinks that Fed Court is the best option, but we haven't discussed that a lot because he hoped we still get it without it).

That is why, save up money. 10 000, but 15 000 should be a goal, and should cover Fed court as well. Or at least do your best! And in the end you may and up spending only 1/3 of it! I really think you will be fine without any appeals to Fed court which is 10000 out of those 15 000 of what I wrote above (all aproxamate). WHat a nice downpayment for a new car left

How are your interview for work going? THAT should be your 1st priority now! Get work, get money + work will help you forget you worries at least for part of a day!

YOu should get your work permit again.

Believe! It will be OK!

[tel_raider 0]

kazuava,sorry for the very late reply, i just called our lawyer a week ago and he said my case would take a while, i mean a very long while...he did not suggest us to submit any polygraph test and he said my husband's counseling from a counselor after he went to jail is already enough that's why we did not submit any psychological evaluation from a psychologist..i got all the letters submitted like a letter from me, awareness of his conviction, his remorse, his friends' letters that he pose no risk or harm on me, a letter from the church, a letter from the pastor who married us, a letter from his parents and my parents back home too..after all the interviews i had to get through as a registered nurse, they're trying to question my stay coz my work permit would expire on may 11 this year that's why nobody wants to hire me this moment, no matter how hard i would explain,they just won't hire me..now, what i did, i already submitted my work permit renewal to the immigration and hopefully it wont be delayed on the mail..until now, i am still nervous and still suffer, worried to death if there is still a hope for my green card after all we did and submitted, i can't concentrate, i mean how long will it be???i am so worried...would it still be approved???why it takes forever???

[kazuava 4]

Hello for everybody!

For those who are interested, I have a few updates to post.

On 22nd I had my 3rd Master hearing on remuval prosedures started on me after 1st denial. Judge asked if there are any results on my 2nd case, and because there was none, reset hearing for August. Nothing else we didn't expect. Our layer before the 1st Master hearing told that we wouldn't need him there, unless we want. He said it will be being reset untill any news. Special THANKS for him here because his honesty saved us a lot of money. All those 3 hearings, which was 5 minutes each, by the way, we made without lawyer by our side.

Prosecutor said to judge that delay may be caused by the fact that USCIS is currently reweing their prosedures and guidelines applied to AWA.

On the same day I had my 1st InfoPass appointment. I resently learned about this servise and I liked it.

My 1st qwestion was if there are any news on a case. THe Lady said that since my interwiew (it was in August 2009) nothing was done and there was not even a person assignes to work on my case yet. Recognizing the long time since the case was filed, she said "she will move it in a proper location, so somebody will be asigned to start working on it". And she thinks, that in 60-90 days we should get something on mail, probably RFE, she said.

On my qwestion if she would advise to sent any proff in our favour ourself before getting RFE, she said, she would wait, because RFE will provide some good info we may use.

WEll, I was so glad we had this InfoPass appointment, it may be that somebody will finally start working on my case. Please, let it be a reasonable person! So, I will be checking mail and hope for the best.

May be Infopass appointment is something everybody else should consider doing? At least to find out if the case is being worked at all yet? Plus, that is a great opportunity to ask whatever you want and get an answer from the 1st hands!

Best regards for everybody.

[tel_raider 0]

kazuava what do you usually do inside the hearings??what is the judge usually say??what do you have to do??i might have mine too..what do you usually do??

[tel_raider 0]

kazuava, did you just said federal court is better than immigration courts??

[kazuava 4]

Hello for everyone!

Just a quick update on my case.

March 10th we got new biometrics apointment for my husband, called about it becase he already did biometrics for this case, and got the answer that it expired, he needs to do another one. Appointment is in a next few days (we had to reset it because of a VERY short notce: only 3 days before appointment!)

But a few days later we got something better! NOID finaly! Hooray!

From what I understand now, that is inevitable step for AWA petitions. The only thing is that normally people get NOID papers right at the interview, or very soon after it. I did infopass appointment in Feb and I believe that was the only reason why may case started to move on!

I wish to know why it was sitting dormant for 2 years, but suspect that is going o be a left as a mistery.

Big thanks to Infopass and an Immigration officer whom I saw there.

Happy Easter for everyone and good luck with your application!

Edited April 4, 2010 by kazuava

[A and T 82]

Hello for everyone!

Just a quick update on my case.

March 10th we got new biometrics apointment for my husband, called about it becase he already did biometrics for this case, and got the answer that it expired, he needs to do another one. Appointment is in a next few days (we had to reset it because of a VERY short notce: only 3 days before appointment!)

But a few days later we got something better! NOID finaly! Hooray!

From what I understand now, that is inevitable step for AWA petitions. The only thing is that normally people get NOID papers right at the interview, or very soon after it. I did infopass appointment in Feb and I believe that was the only reason why may case started to move on!

I wish to know why it was sitting dormant for 2 years, but suspect that is going o be a left as a mistery.

Big thanks to Infopass and an Immigration officer whom I saw there.

Happy Easter for everyone and good luck with your application!

Thanks excellent! happy to hear the good news !

[music678 0]

Hello for everyone!

Just a quick update on my case.

March 10th we got new biometrics apointment for my husband, called about it becase he already did biometrics for this case, and got the answer that it expired, he needs to do another one. Appointment is in a next few days (we had to reset it because of a VERY short notce: only 3 days before appointment!)

But a few days later we got something better! NOID finaly! Hooray!

From what I understand now, that is inevitable step for AWA petitions. The only thing is that normally people get NOID papers right at the interview, or very soon after it. I did infopass appointment in Feb and I believe that was the only reason why may case started to move on!

I wish to know why it was sitting dormant for 2 years, but suspect that is going o be a left as a mistery.

Big thanks to Infopass and an Immigration officer whom I saw there.

Happy Easter for everyone and good luck with your application!

Hi Kazuava,

Sorry for the late reply. My AOS is still pending. We went to Infopass appoinment 2nd week of january 2010 and the officer said that our case was being forwarded to a specific person who will handle our case and he said that NOID is on the way in the mail. We receive the NOID 3rd week january (87 days to comply) and we send all the necessary documents that they ask from us on MArch 20, 2010. We sent it certified and signature return with tracking #, unfortunately, we lost the receipt and tracking # and its almost 3 weeks, we still didn't receive any return signature. We asked USPS if there's any way they can track our mail, unfortunately they can't without the tracking #. Our deadline is on friday, April 9, 2010. We are really nervous, so lastnight, we get all the documents all together again but most of them are copies only because we sent all the originals on the first mail. We sent it today and hope to hear from USCIS. We sent polygraph test ($250), letter from the the county sheriff, certificate of completion of the therapy, letter from the probation officer, letters from family and friends, pictures, emails etc. I will update if anything happens. Thank you guys.

[CanTex 1]

Hi Music 678, we sent in our reply to the NOID. You do not have an email so that I can respond to you.

Please respond to my email so that we might correspond.

[pumpkin29 2]

Hi Music 678, we sent in our reply to the NOID. You do not have an email so that I can respond to you.

Please respond to my email so that we might correspond.

We also sent in our NOID reply last January, received notice informing us to wait for 60 days, after 60 days, no notice or anything so we called the hotline, informed us to wait again for 45 days, but sent email inquiry instead. just the same, we received a reply telling us that our case was forwarded to the supervisor for adjudication and to wait for another 30 days...our case falls under AWA and been waiting for 2 years too. we sent in our reply the ff: polygraph test, psychologist evaluation, records from probations/courts, letters from friends/employer/relatives.......the 30 days waiting is now down to 8 days...i hope they can finally make a decision on the POSE NO RISK issue and give us an answer soon, and hopefully it's a good one..the waiting was just too long..whew!

[eagerly 2]

We sent ours last Novemebr 2009, and no reply still. We received an email stating that it is in the process of review. And being an AWA filer, it would take some time to come out of a decision.

[kazuava 4]

Hello for everybody!

First, I want to thank you everybody for sharing status of your cases.

About myself... We are gathering evidence for NOID.

What really worries me is after people sent proof the case goes in another long wait period! THat is crazy. Like jaz33 sent it JAN LAST YEAR! With all respect to Gov, if jaz33 is a threat suspect, please, deside upon it sooner, so his wife is not going to be hert! Isn't this a logic you would expect? I'm kidding about you, jaz33, being a threat. Hope you get a joke, I just was upset about that wait! And "fridays" you keep hearing about.

But, for instance, there are certan categories who are getting to the US trough very quick prosess, because of a danger on their land. That is very understandable. But why then they can't work faster on AWA cases? If USCIS implys that I need to be saved from a danger of my husband, please do it! It's almoust 4 years now, 2.5 year old child and another on a way... While I don't have a work permit for over 2 years now, me and our daughter totaly depend on him on everything: food, closes, my bills... In this economy its being spoken on every corner what kind of a trategy when one member of a family loses a job (God save his job!!!), but here for 2 years since denial I cant even try go to work! 2 years he pulls his growing family by himself. Doing good. If he could take advantage of me, there would not be any better apportunity that now, thanks to USCIS. Isn't that a bit of proof in his favor?

If there are any USCIS employees reading through posts (there was such a thought spoken somewhere) please, get those cases out of a dusty pile and do something. Denial is not a bad decision. It's a decision, at least. Like our lawyer says, there are more chanses on appeal that the law will be applied. That is so hard to proof that somebody is a danger! Even if he or she is! AWA filer presumed to be a danger because of his past convictions. THat is according to USCIS - Guidance for Adjudication under the Adam Walsh CPSA , not even AWA itself. (http://***removed***/forum/showthread.php?t=360). Regardless of people neative feelings, that is not going to hold in a court. Petitioners do their homework trying the best to show that they are not going to commit any future crimes... Ant then a cerk in USCIS decides he is not convinced?

That is nutts. For any other CRIME, even a KILLING(!) until proven guilty you are innosent.

I feel good for people who where denied. They still have hope! I personally would prefer to be denied quickly on this stage then wait forever! Then we would go to appeals. First appeal is paper appeal. ... But then 2nd appeal is when you actually will be seing a judge and case will be listened!

And then there is Supreme Court (no money for it at least for us

Well, of course, I hope there would not be a denial, but everything goes smooth this time )

Also, I notised, that if USCIS really feels that denial as a right decision thay don't sit on it for too long, but otherwise....... That is just a conclusion, based on not enough facts to be called truth. But it seems to me like that. And those people DO have a chance in a court house!

For those who wait for months and months... I decided for myself that after 3 months after we send supporting docs for us, I go to Infopass. And then every month! That is what moved my case last time. I hope it works again!

USCIS, please, if you think I need to go home, do it sooner. For my and children safety! Is't safety and well being of applicants is one of the main consernes? The more time I'm here, the more difficult is to get back, the more connectiona are lost.

And the last thing. Something to thing about.

There was a psychological experiment. 2 groups of people were shown the same picture of man in separate rooms. To one group he was described as a very bad man, criminal, etc. To the 2nd one the same guy was described in a positive way. Examinees were asked to tell if they could see signs of it by looking on a picture. Well, both groups found some. Like, his eyes were bright and open, face looked like a man you could trust. Or his eyes were evil, he looked like a drinker.

The test was about suggestibility. The fun part was before teacher started a lecture, he did it on us, students at that time, as well

Good luck for everyone!

Edited April 17, 2010 by kazuava