Any help me please? My case has been denied due to adam walsh act

[beautiful_hope 0]

Just to err toward the side of mainstream caution here -- I certainly don't know you or your fiancé, so I wont pass judgement -- but his litany of prior offenses and convictions clearly has tipped the scales out of your favor.

Others that know more of the consulate in Vietnam may be able to offer more of a local perspective, but any mix of sexually-oriented child exploitation and alcohol-related convictions is a tremendous strike against you. I could be wrong, but I don't imagine the ACLU or appeals process would be of much avail.

It's difficult, but look at it this way -- in many states a child pornography conviction is a Class I felony. Which means your fiancé is a convicted felon. Which means he has no particular rights to appeal.

And even if that is not literally the case the USCIS is forced to make a character judgement at times and infer from the background of the Petitioner and Beneficiary certain patterns that may or may not indicate a potential for fraudulence or future issues. It is not difficult to connect those dots...conviction for sex crimes...conviction for alcohol abuse...finds girl in Asia...possible exploitation, human trafficking, or related problems.

It's a sticky situation. You by all means can attempt to appeal, but I wouldn't get too hopeful. I'd rarely say a skilled immigration attorney is in order, but if there ever was a time this'd be it.

Good luck. Keep us posted.

they sent us a notice of deny and explained how they denied us. They mentioned they we could appeal in 30 days frm the day we received the letter. Well, my fiance dowloaded child porns off the internet and plead guilty. He never touchs or abuse any child. His son spends time with him at the weekend, i know he isn't danger to his son and i have had good relationship with his son. He got evaluation from therapy that defintely he's just social drinker now. The main reason that ucsic denied us just because we lack document of 3 years of counselling that we should have submited from the beginning. My fiance's a good employee wtih good performance and never receive any complaints about abuse or violence. We will try to get some free advices from lawyers. It's so expensive to hire a good immigrant lawyer.. We can fill an appeal by our own. I dont know if it can work but we will try

[beautiful_hope 0]

ALSO USCIS SAID THAT THEY HAD SUFFICIENT EVIDENCES OF MY FIANCE'S CHARACTORS

[uverseman 5]

I was researching and it seems the Adam Walsh Act will limit what the USCIS and Consulates can approve due to anyone who is a registered sex offender that wants to partition anyone for immigration purposes. That and the fact some things were omitted on the i-129f, I can see the reason for denial.

You can read the info here, http://en.wikipedia.org/wiki/Adam_Walsh_Child_Protection_and_Safety_Act#Influence_on_visa_process

[beautiful_hope 0]

ALSO USCIS SAID THAT THEY HAD SUFFICIENT EVIDENCES OF MY FIANCE'S CHARACTORS

But they said my fiance didn't prove himself post no risk to me? Please tell me what to do so they can see that he posts no risk to me?

[metavisa 0]

The Adam Walsh Act limits the rights of citizens or permanent residents to petition to immigrate their spouse or other relatives to the U.S. if the petitioner has a listed child sex abuse conviction. If that is the case, then the petition cannot be approved unless the Department of Homeland Security determines in its unreviewable discretion that there is no risk of harm to the beneficiary or derivative beneficiary.

[uverseman 5]

But they said my fiance didn't prove himself post no risk to me? Please tell me what to do so they can see that he posts no risk to me?

I am so sorry that this is like it is, as I am sure there is no danger to you as you state and maybe proof can even be supplied to that fact. But it still does not change what the law says about allowing a partition to approved. If something did happen to you, then it would open up a law suit as to why the law was circumvented. It places the government in a liability for your well being.

Just my thoughts.

[Tim/Mav 305]

I am so sorry that this is like it is, as I am sure there is no danger to you as you state and maybe proof can even be supplied to that fact. But it still does not change what the law says about allowing a partition to approved. If something did happen to you, then it would open up a law suit as to why the law was circumvented. It places the government in a liability for your well being.

Just my thoughts.

This is TRUE.

[HannahP 119]

I would caution the OP against posting pictures or other information that could identify her fiance. It may have been one picture, ten years ago, and he's been Mother Theresa ever since but many people in the US consider possession of child pornography to be just as bad as actually touching children. I'm certain that your fiance has worked very hard to make a new life for himself and probably would not like it if someone who knows him and was not aware of his past history stumbled across it on here.

[gretchen_darren 67]

Seriously, I really do not know how to respond to this one. Part C.2 states "have you ever..." and to provide all documents. If his record is expunged, cleared, maybe something might happen. But the denial also states "his character" as well. This will be extremely hard to overcome.

How many DUI's are there?

How long was his sentences?

How much jail time did he serve or was it suspended?

Why did he plead guilty to his charges?

What are the terms of visitation with his son?

Are they supervised, are they overnight?

He not only needs a letter from his counselor, but lawyer, judge over the case, and the prosecuting attorney's office plus parents, mother of the children, pastor, work. If he can get letters form ALL of them, he may stand a chance WITH a lawyer helping him. But the deck is already extremely well stacked against him.

1) Felony conviction, is it tier 1 (10-15 years), tier2 (25 years), or tier 3 (for life)? (the big questions is what are the terms of the sentence)

2) DUI conviction (or convictions), (he could be facing the 3 strike rule already)

3) not providing complete evidence of convictions and completion of sentences in filing,

4) background checks reveal other problems???,

5) Denial based on "His Character" plus "Adam Welsh Act".

6) you are coming from a high fraud country.

7-10) other factors i will not go into.

His best best is to find an immigration lawyer as fast as possible. Otherwise, forget it. Honestly, I would seriously look at this person extremely carefully. I know you love him much. But pleas, please, please sit down and carefully consider, this could not be a marriage made in heaven....chances are he may be in trouble ay work, close to losing his license, and may have many "family" problems. Seriously, this is a guy to run from as fast as possible. there are too many problems. USCIS has your best interest at heart. USCIS does NOT want to deny applications UNLESS there is SUFFICIENT REASON. He may be "changed" but his history is showing something which makes DHS leery of approval. I would take this to heart. Less then 2.5% of fiance/spouse visas are denied. This case provides EXTREME evidence for denial.

I wish you the best in whatever you decide to do.

[NY_BX 397]

Seriously, I really do not know how to respond to this one. Part C.2 states "have you ever..." and to provide all documents. If his record is expunged, cleared, maybe something might happen. But the denial also states "his character" as well. This will be extremely hard to overcome.

How many DUI's are there?

How long was his sentences?

How much jail time did he serve or was it suspended?

Why did he plead guilty to his charges?

What are the terms of visitation with his son?

Are they supervised, are they overnight?

He not only needs a letter from his counselor, but lawyer, judge over the case, and the prosecuting attorney's office plus parents, mother of the children, pastor, work. If he can get letters form ALL of them, he may stand a chance WITH a lawyer helping him. But the deck is already extremely well stacked against him.

1) Felony conviction, is it tier 1 (10-15 years), tier2 (25 years), or tier 3 (for life)? (the big questions is what are the terms of the sentence)

2) DUI conviction (or convictions), (he could be facing the 3 strike rule already)

3) not providing complete evidence of convictions and completion of sentences in filing,

4) background checks reveal other problems???,

5) Denial based on "His Character" plus "Adam Welsh Act".

6) you are coming from a high fraud country.

7-10) other factors i will not go into.

His best best is to find an immigration lawyer as fast as possible. Otherwise, forget it. Honestly, I would seriously look at this person extremely carefully. I know you love him much. But pleas, please, please sit down and carefully consider, this could not be a marriage made in heaven....chances are he may be in trouble ay work, close to losing his license, and may have many "family" problems. Seriously, this is a guy to run from as fast as possible. there are too many problems. USCIS has your best interest at heart. USCIS does NOT want to deny applications UNLESS there is SUFFICIENT REASON. He may be "changed" but his history is showing something which makes DHS leery of approval. I would take this to heart. Less then 2.5% of fiance/spouse visas are denied. This case provides EXTREME evidence for denial.

I wish you the best in whatever you decide to do.

Well said. I'm really worried for her. Maybe we're judging the USC harshly, but like you said, there's more to this story than what she knows. And what she knows, which is what we know now, it's enough to run the other way! Not to mention, if he is a registered sex offender, can you imagine the lifestyle this lady will live here? Not being able to be near schools; her children's dad won't be able to go to see them practice sports, dance recitals, etc. Basically, not being able to have a normal life because of his convictions?

This is a CLEAR CASE when USCIS works on behalf of the beneficiary. They look out for their well being as well, not just the petitioner.

God bless her.

[Tim/Mav 305]

Well said. I'm really worried for her. Maybe we're judging the USC harshly, but like you said, there's more to this story than what she knows. And what she knows, which is what we know now, it's enough to run the other way! Not to mention, if he is a registered sex offender, can you imagine the lifestyle this lady will live here? Not being able to be near schools; her children's dad won't be able to go to see them practice sports, dance recitals, etc. Basically, not being able to have a normal life because of his convictions?

This is a CLEAR CASE when USCIS works on behalf of the beneficiary. They look out for their well being as well, not just the petitioner.

God bless her.

I agree. God Bless Her. Time to move forward and put this behind her.

The USC was tried and convicted. Guilty.. That is not harsh unless you would want him babysitting your children.

Darren, there is NO SUCH THING AS EXPUNGEMENT from Any Records with USCIS and Homeland Security.

This Young Lady was put threw Hell today. Its not her fault.

This will give her alot to think about and the advice was reasonable.

[Gary and Alla 3,694]

Your case was denied because he did not submit the evidence he needed to.

There is nothing to appeal. As you have stated, he did not submit the evidence required. An appeal is a request to review a decision with the basis that a mistake has been made. There is no mistake here.

It is of no interest to the ACLU. The ACLU defends the rights of citizens. His only right as a citizen is to submit a petition and receive a decision. He got what he is entitled to.

Your only (and best) option is to re-submit and include all the documentation required.

Edited June 19, 2011 by Gary and Alla

[Harsh_77 718]

I am so sorry that this is like it is, as I am sure there is no danger to you as you state and maybe proof can even be supplied to that fact. But it still does not change what the law says about allowing a partition to approved. If something did happen to you, then it would open up a law suit as to why the law was circumvented. It places the government in a liability for your well being.

Just my thoughts.

you r right govt could be liable and could be sued saying they knew about this guy ans yet they let him into the country.

Also govt could be sued in case if he repeats anything similar here in US, parents of the children can sue him and the govt for letting him enter the country.

[Casprd 167]

My understanding is a convicted felon can not have a US passport to leave the states.

tion

You are mistaken. There is no statute that prevents someone with a felony conviction from obtaining a passport and/or leaving the US. If their sentence including any parole and probation are completed then they are free to come and go as they please within the guidelines of any restrictions the court has imposed.

[A and T 82]

You are best to post here http://www.visajourney.com/forums/forum/126-imbra-special-topics/

With the rest of the Adam Walsh Filers such as myself, see my timeline? Its not an easy process. Read through the adam walsh cases , since you got and RFE I assume, you have to quickly gather as much evidence in his favor as possible and submit.