I-129F Denied due to AWA

[jgvmd1968 0]

All I can say is I am devastated. I am reaching out to the VJ community for any assistance, knowledge and wisdom that can be provided.

After almost 1 year and 2 months into background checks, I recieved an NOID due to AWA.

In June of 2006 I was arrested and charged with 3 sex offense related felonies as it pertains to use of the internet and solicitation of a minor (sending material harmful to a minor, lewd & lacivious exhibition online). It was actually a sting operation perpetrated by law enforcement. In any case I never believed this person was a minor. The case was resolved out of court via a plea agreement. The sex-offense related felonies were dropped in exchange for my pleading guilty best interest to battery on a child (a non-sex offense). Adjudication was withheld and I received 10 years probation which was recently terminated early.

In responding to the NOID, I sent them: 1. Comprehensive forensic evaluation (just copies, they were not certified - this evaluation was more for my job than anything else although it clearly states that I have no sexual or predatory inclinication towards minor) 2. Polygraph test 3. Certified court documents showing the plea deal, the criminal charges. 3. The order of termination of probation (certified copy) that references the polygraph examination, a letter from my psychologist recommending early termination of probation.

I had disclosed this criminal matter in my ORIGINAL application showing the order signed by the judge indicating the probation and the withold of adjudication. I once again included this in the RFE to the NOID. My letter had three main points:

1. This was not a specified crime against a minor because there was no minor.

2. I was never convicted (had adjudication withheld).

3. I am not a designated sex offender.

4. The comprehensive forensic fitness for duty evaluation clearly state I have no sexual interest in minors and or predator inclination substantiated by a polygraph examination administered by a former well regarded FBI.

So, the question is, given the above, WHY was my petition denied? I am currently out of the county and cannot read the specifics of the denial letter but I am more than certain it is going to say that the evidence I submitted with insufficient. I have seen folks here convicted of sexual offenses, on sexual offender registries and there petitions have been approved! What did I do wrong??

I really need some help including on whether or not I should retain a lawyer at this time.

And, yes, my fiancee knows all about what happened to me. We are both destroyed now as we can can only imagine how much longer the appeals process is going to take and how much financial resources it will take up.

[YuAndDan 153]

This falls under IMBRA Special topics. Moving to that forum...

[utopia2004 2]

Can you marry and file for a C1r, to get around the IMBRA issue?

[Deputy Purple 1,294]

CR-1 removes IMBRA but this is AWA which is a different creature all together and remains in force for CR/IR Visas.

Edited February 18, 2011 by Bob 4 Anna

[garmar 0]

I understand your frustration and disappointment. You feel that your conviction for battery on a child makes no sense because you never came on contact or communicated with a child. But to answer your question of what you did wrong....You got convicted of a felony. From the perspective of USCIS it goes deeper because your crime directly involves violation of the AWA even if it was simply battery which it was not. My suggestion is that you understand the seriousness the issue of child porn online. It is not a victimless crime. Without a market these kids can't be exploited. It is up to those who find this stuff interesting to do their part to stop it. In dealing with the USCIS you can file an appeal. But I would suggest you undergo some sort of counseling so you can show that you are reformed. An appeal is not likely to be successful without it. If you have any other convictions at all your chances of success are going to be significantly less. I'm not sure if you are able to sponsor a marriage visa without AWA problems but you should look into that also. Best of luck to you and your fiancee.

[A and T 82]

How long has it been since the "offense" occurred? and have you been in any trouble since? How old are you and your finance',? Does she have any kids?

[jgvmd1968 0]

I understand your frustration and disappointment. You feel that your conviction for battery on a child makes no sense because you never came on contact or communicated with a child. But to answer your question of what you did wrong....You got convicted of a felony. From the perspective of USCIS it goes deeper because your crime directly involves violation of the AWA even if it was simply battery which it was not. My suggestion is that you understand the seriousness the issue of child porn online. It is not a victimless crime. Without a market these kids can't be exploited. It is up to those who find this stuff interesting to do their part to stop it. In dealing with the USCIS you can file an appeal. But I would suggest you undergo some sort of counseling so you can show that you are reformed. An appeal is not likely to be successful without it. If you have any other convictions at all your chances of success are going to be significantly less. I'm not sure if you are able to sponsor a marriage visa without AWA problems but you should look into that also. Best of luck to you and your fiancee.

#1 I was NOT convicted of anything; adjudication was witheld on the felony battery on a child charge.

#2 At no time ever did my case involve anything even remotely resembling or having to do with child pornography.

I suggest you read more carefully prior to making uninformed posts.

[A and T 82]

#1 I was NOT convicted of anything; adjudication was witheld on the felony battery on a child charge.

#2 At no time ever did my case involve anything even remotely resembling or having to do with child pornography.

I suggest you read more carefully prior to making uninformed posts.

I also have a case with adjudication withheld, but i believe that counts as a guilty

[TheOptimist 22]

I also have a case with adjudication withheld, but i believe that counts as a guilty

Very Sorry to hear that you are having so many problems.

Unfortunately, There are standards for IMBRA/AWA as it pertains to conviction that exceed the definition typically held by state/federal guidelines.

According to the way immigration sees matters such as these, you can be "considered' guilty if you plea to a crime or have it reduced to a lesser crime. This is considered a conviction even if a sentence is adjudicated or the charge is dismissed.

I believe that you can claim not to have been convicted in a situation where you were accepted in to a Pre-Trial Intervention program and have successfully completed this program. But even then, you would only be able to qualify as NOT being convicted IF you did not have to enter a plea as part of the PTI application process.

I know this because in 1993 I entered this program and am currently working to ascertain if I had to enter a plea to get into the program.

It was 18 years ago and do not remember the details.

This can be very stressful stuff. I am not one to offer advice but I would recommend that you do your best to remain calm and be smart. Look at your options and make the best case for your efforts. A good attorney may be a good idea as well.

I hope to hear that you were able to clear this hurdle and have the life you want with the person you love. Everyone makes mistakes, you shouldn't have to pay for the rest of your life or be denied basic rights of marriage.

Best of luck

[m & t 0]

How come illegal mexicans can be in the u.s but our relatives are denied?

[jgvmd1968 0]

How come illegal mexicans can be in the u.s but our relatives are denied?

You should come to Miami and see the kind of people we have living here illegally. It would boggle your mind.

[paustin 1]

You should come to Miami and see the kind of people we have living here illegally. It would boggle your mind.

jgvmd1968, have you ever found the real denial reason that you satted you did not get a chance to view it because you were overseas? What is the reason of denial? Insufficient document or ??

[Linus5260 0]

Required reading for anyone caught in this nightmare: http://www.aila.org/...spx?docid=42682.

This is a legal perspective of the AWA as it relates to the way the USCIS has chosen to implement it prepared by the American Immigration Lawyer's Association.

[TBoneTX 45,663]

Two-year-old thread closed.