AWA: 3 years married, no greencard yet

[kazuava 4]

I noticed after I submit a post, that link doesn't work. If anybody curious, just google USCIS - Guidance for Adjudication under the Adam Walsh CPSA .

[music678 0]

I sent you an email.

Thanks

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.

[siciliantizio1979 0]

Hi everyone. We fall under the AWA as well and we just received our NOID last week, so right now we are trying to gather enough proof that my husband is no risk to me. We were given 87 days as well. We filed our petition 2yrs ago, April 2008, we were married in March 2008. My husband was not required by the parole board to get any sex offender treatments so now we have to find a psychologist that will do his assessment, they said it would cost around $2000 for everything. I am just wondering, what will happen if our petition gets denied? Will they deport me? Are they really going to separate a mother from her husband and child? I can't get any sleep because of this as I am scared as to what will happen. I know my child who was born here can petition me but that in not until he is an adult.

[m & t 0]

my fiance and i will keep you in our prayers! getting therapy and having that letter from a therapist stating that your husband has gotten treatment is a big positive! i was told this by the u. immagration department! we to also will face the AWA and i tell you its sad when you have payed your debt to society and done your time and said you were sorry! and they still continue to hold you prisoner! but that same u.s society has killed and murdered children and continues to kill and murder children with war and abortion for 234 years!

[kazuava 4]

Hi everyone. We fall under the AWA as well and we just received our NOID last week, so right now we are trying to gather enough proof that my husband is no risk to me. We were given 87 days as well. We filed our petition 2yrs ago, April 2008, we were married in March 2008. My husband was not required by the parole board to get any sex offender treatments so now we have to find a psychologist that will do his assessment, they said it would cost around $2000 for everything. I am just wondering, what will happen if our petition gets denied? Will they deport me? Are they really going to separate a mother from her husband and child? I can't get any sleep because of this as I am scared as to what will happen. I know my child who was born here can petition me but that in not until he is an adult.

Hello! I feel for you! I also have a daughter and another on a way!!!

He isn't even petitioning for you child. SO, US born child is beyond the reach of this law. I do know, that if you are denied there is a number of appeals you may go through, or you can reaply again and again. You are good for as long as you don't miss a deadline for action. After a denial 30 days are given to act. tHen if you don't do anything, you will have to go through court, and you kin'd of agreeng that you are subject for remuval.

THat is right, it used to be different, but now US sitizen cjild can petition for a parent only when he is 21.

The only thing I hope, that if we are denied now, and loose appeals, I will be able in a court to call to a judje feelings and to ask to postpone my leave day enough to have divource and custody battle over. Unless my husband will give me kids wilingly.

Frankly, my biggest consern about leaving kids with him, besides broken heart, is that another law will come to live when they will say that ex sex offenders can't have kids now and they will be taken to a foster family. I know, that sounds crazy, but a few years ago AWA the way it applies to immigration would sound like crazyness. Like, guy who spent 21 month for a crime 16 years ago can't petition for his foreigh wife?? Well, he can, but good luck to be approved.

2nd. My husband also was not ordered any treatments. Our lawyer said that if he was not ordered, then it was not considered nessesery based on nature of crime and bunch of tests he had to pass to evaluate his need for treatment. Lawyer said that that is not nessesary to go on treatment for out of pocket cost now. General evaluation and cover letter he is going to prepare with referenses that treatment was no ordered, ex. parole officer statement and both of us statemnts should be enough... That is what we are sending...

My husband went to psychologyst. Psychologyst himself said that he doesnt see a connection between his conviction and being a threat to me. And he is going to state it in his letter, plus results of tests for general therat evaluation my husband took. Also he is going to meet me in person and have this in his statement too...

I hope that is going to be good enough.

It costed us 1800, but he wanted it upfront.

Again, I feel so much for you!! How old is your child?

Best of luck to you!!!!!!!

Edited May 22, 2010 by kazuava

[Deputy Purple 1,294]

Frankly, my biggest consern about leaving kids with him, besides broken heart, is that another law will come to live when they will say that ex sex offenders can't have kids now and they will be taken to a foster family. I know, that sounds crazy, but a few years ago AWA the way it applies to immigration would sound like crazyness. Like, guy who spent 21 month for a crime 16 years ago can't petition for his foreigh wife?? Well, he can, but good luck to be approved.

That isn't so crazy a fear, in California unless you have legal documents specifically allowing someone convicted of a sex offense can't live with their own kids.

With some of the recent posts it sounds like USCIS is trying to adjudicate AWA Cases based on the merits of each case.

I really wish all of you guys the best in your petitions.

[kazuava 4]

That isn't so crazy a fear, in California unless you have legal documents specifically allowing someone convicted of a sex offense can't live with their own kids.

Oh mY!!!

THat makes me feel so scared.

I'm trying to figer out what will happen if I have to leave. My kids (I have another on a way!!!!) will have to stay with dad, simply, because they are under different rulles, they are US citizents? And will on Court be able to ask Judge for a leave day anough for Divource and Custody battle over??

Or I will have to hope my husband give me kids voluntaary?

I also wonder if this Californis LAw is it only about new convictions or it may go retroavtively?

I think, if they do this law in other states and aply it retroactively, that is going to create a great mess!!! But I'm still so scared about what is going to happen.

Edited May 25, 2010 by kazuava

[siciliantizio1979 0]

hi kazuava,

My son is almost 15 months and we do have plans to have another child, how far are you along with your 2nd?

Our deadline is fast approaching and I am getting anxious that we are not going to be able to provide enough proof. The therapist that I spoke with said that to me as well, that he does not see the connection between my husband's conviction to me since I am an adult. Of course the government is just taking a sex offender's rights away by not being able to petition, and it just adds to the prejudice that they have to face their entire lives no matter what the circumstances were behind their offense. The therapist also said it would be hard to do an evaluation for my husband that he has shown rehabilitation when he was not required to get treatment, there is no basis to do the evaluation on. They're just making it very difficult.

In case of a denial, I do plan to fight and make an appeal no matter how many times it may take to do so. The only problem with applying over and over again is that you have to pay the filing costs too. I just hope that through the appeal they will still let me renew my work authorization.

[kazuava 4]

hi kazuava,

My son is almost 15 months and we do have plans to have another child, how far are you along with your 2nd?

Our deadline is fast approaching and I am getting anxious that we are not going to be able to provide enough proof. The therapist that I spoke with said that to me as well, that he does not see the connection between my husband's conviction to me since I am an adult. Of course the government is just taking a sex offender's rights away by not being able to petition, and it just adds to the prejudice that they have to face their entire lives no matter what the circumstances were behind their offense. The therapist also said it would be hard to do an evaluation for my husband that he has shown rehabilitation when he was not required to get treatment, there is no basis to do the evaluation on. They're just making it very difficult.

In case of a denial, I do plan to fight and make an appeal no matter how many times it may take to do so. The only problem with applying over and over again is that you have to pay the filing costs too. I just hope that through the appeal they will still let me renew my work authorization.

Hello!

Our therapist did general threat eveluation to an adult subject, and spouse, which is me. THose tests (4 hours of tests my husband told) can be done on everybody. And he is going to say that there is no correlation beteween a conviction and any threat to me and since therte was no treatment ordered there is not more needed to be done now. Me too, worrying about meeting a deadline, and worrying if USCIS is going to like all what we send, because they do conplicate things there, and I feel like they wouldt like to agree that no treatment was needed and he is psychologycly healthy... That is not what THEY think. Really, if they cared, they read police records and court transcripts they requested earlier. Where it also says that no treatment ordered. THat really speaks a lot about risk level.

As for us, I'm about 17 weeks along now.

I do know, if to reaply, you better have you medical done before reaplying. I mean, just to go and take a new one, just to keep it no older then 1 year. Because if medical is older then 1 year, its no good anymore. But after denial you have 30 days to act, wich is not enough to make an apointment to certified for immigration dactors and have papers on hand. Then, without medical, you can't apply for I485, and without it, you can't apply for work permit. All we aplied was I130. So, no work for me

But you said that you will go through appeals, if you have too. I DO think that is smarter!!! Because, if reaplying you have to go through the same office, through the same prosess...

But appeals are more expensive if to do it with lawyer. And I can't imagine doing it without one!!! But that is a way!

Menwhile, I hope our petitions get approved without extra hassle! And the same for the rest of us.

Edited May 25, 2010 by kazuava

[music678 0]

Hello AWA filers,

I got my Notice of interview today and it will be scheduled on July 1. I hope evrything will go smoothly.

Look at my profile for my timeline. It's almost been 10 months since I filed.

I will update everyone on the progress of our petition so AWA filers, don't lose hope.

[kazuava 4]

Hello AWA filers,

I got my Notice of interview today and it will be scheduled on July 1. I hope evrything will go smoothly.

Look at my profile for my timeline. It's almost been 10 months since I filed.

I will update everyone on the progress of our petition so AWA filers, don't lose hope.

Good luck to you on your interview!

We sent evidence for NOID withing the timeframe! Hooray!

Now, waiting, fingers crossed.

Edited June 16, 2010 by kazuava

[A and T 82]

Good luck to you on your interview!

We sent evidence for NOID withing the timeframe! Hooray!

Now, waiting, fingers crossed.

You know kazuava, I really feel like its discrimination. Here is why, your husband could have married an American citizen no questions asked. Sex offender or not, nothing would have been asked, or checked, if he had married a usa citizen. But, because he is married to someone from abroad, they put you guys through all these questions and accusations of proving to not be a "threat" .

So whats the difference? I see no difference, If he had married an American, nothing would be asked at all, or proven, so why does it need to be for you? Just because you aren't American? If thats why, then its discrimination

[eagerly 2]

As most people say..it is their means of protecting the non-citizen wife or to quote " Adam Walsh Act is to protect children, to secure the safety of judges, prosecutors, law enforcement officers, and their family members, to reduce and prevent gang violence, and for other purposes." But if that is the case, wives of AWA filers should be immediately sent home or deported if the petitioner is harmful. The long wait doesnt make it logic to say "to protect". Kazuava has been married for 3 years with an AWA filer..i dont understand...or are we just allowed to breath and not to have a second chance in life?

You know kazuava, I really feel like its discrimination. Here is why, your husband could have married an American citizen no questions asked. Sex offender or not, nothing would have been asked, or checked, if he had married a usa citizen. But, because he is married to someone from abroad, they put you guys through all these questions and accusations of proving to not be a "threat" .

So whats the difference? I see no difference, If he had married an American, nothing would be asked at all, or proven, so why does it need to be for you? Just because you aren't American? If thats why, then its discrimination

[kazuava 4]

As most people say..it is their means of protecting the non-citizen wife or to quote " Adam Walsh Act is to protect children, to secure the safety of judges, prosecutors, law enforcement officers, and their family members, to reduce and prevent gang violence, and for other purposes." But if that is the case, wives of AWA filers should be immediately sent home or deported if the petitioner is harmful. The long wait doesnt make it logic to say "to protect". Kazuava has been married for 3 years with an AWA filer..i dont understand...or are we just allowed to breath and not to have a second chance in life?

Thank you for the warm words. THat is what upsets me the most too: the long wait which doesn't seems like a protection, but a total dependence of a "theat". Which if he were, he could abuse me a lot, since with 1st denial I lost my work permit and DL.

Besides, in 4 months it's going to be 4 years we are married now.

THe funniest thing, if I'm sen't back, our 2 daughters can stay with him, they were born in the US. (I'm LUCKY to have MY husband, because he is willing to give me permit to take kids with me in a case of deportation, which he DOESN'T have too, but he thinks that will be better for them... And he is a great carrying husband and a good provider).

I hope USCIS will give people a chanse to have a life again.

[RS2 3]

hello just curious are you AWA filers also? 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 too late for us)...many thanks Godbless and Godluck

btw my fiance was charged of possession of child pornography yr 2004( jst 4 yrs probation level one S.O)

LJ

Edited June 22, 2010 by RS2