How to know if it is an Adam Walsh case?

[pushbrk 12,569]

I maybe banned again for saying what I think. The Adam Walsh Act was inacted to protect children. Has any other parent lost a child like I have. (Yes, 15 years old) Most Adam Walsh questions are from Newbees and a denial of the past. Yet, 90% of members try and help with information and the other 10% hold that thought. Some that think there case is related to the act are honest and wish advice while others avoid what is real and what is not. (There is no Loop-Holes in USCIS). I see Honest questions and I see deceiving questions looking for an answer or another imbalance of the truth. Some of you like me, some of you don't. The Adam Walsh Act was made for the Children.

Of course it was. Your post addresses nothing being discussed in this topic. This is an immigration forum and neither asks or answers a question. Some petitioners with SOME AWA issues get approved and some do not. If you are interested, there are lots of posts about this in the IMBRA forum and you can learn to your heart's content. For this thread, let's just stay on topic.

[TheOptimist 22]

Hi Tim,

I can appreciate an do my best to respect all opinions on this matter. I am also a single father of a teenage daughter and can sympathize with your sentiment.

However, I do take exception to labeling our questions as deceitful or misleading. I have done all that I can to be as candid as possible and as respectful of the sensitive nature of the content of this discussion.

An opinion one way or the other (while understandable), is not warranted and I invite you to read very closely the questions being considered here.

It makes me feel bad to see that this post may have affected someone with a history as troubling as yours and if it would make you feel better, I would have no problems removing this post if the sentiment of the board and some of its members feel that it is offensive.

I mean no disrespect and do not take lightly the purpose of AWA and support its legislative intent. My question is really if it is appropriate to define what has already been defined locally as a non conviction something else for Immigration purposes in the context of being a citizen.

I am very sorry for your loss.

Best.

[sheepp 2]

I have found this:

http://www.needimmigrationhelp.com/uscis-implements-a-new-level-of-review-for-petitioners-with-specified-offense-against-a-minor.htm

They have detailed the steps that the adjudicator follows to review a case, in what cases applies AWA and in which ones it doesn´t, and the actions that the petitioner can take to demonstrate that is not a risk for their fiance/fiancée.

I think it helps... hoping that they follow exactly the way it´s described here this case shouldn´t fall into the AWA.

Am I wrong?

[TheOptimist 22]

So, Pushbrk, you don't think this will come up. Statuatory Rape is Rape. 15 years old. Convicted or not this is a big RFE and the OP admits Probation/Therapy. IF the key word is "IF" Then what IF it was your daughter or grandchild? Would you feel the same way?

Hi Tim,

A clarification on your analysis (respectfully of course).

I was NOT required to go to therapy, nor was I on probation. PTI is not probabtion, it is the ONE diversion method that can be seen as a non-conviction from an immigration perspective.

There are other elements of this that have me concerned but those two items are not among them.

Best

[TheOptimist 22]

Hello all,

I just wanted to let you guys know that we received our NOA2 today..

No problems, no questions, no RFE... Just the APPROOOOVAAAAAAAAAAAAALLL WOOOOOHOOOOOOOO!!! :thumbs: :thumbs: :thumbs: :thumbs: :thumbs: :thumbs:

93 days!

I was TOOTALLY prepared for the fight of my life and had an army comprised of the ACLU along with the full support of the AILA ready to fight my case.

The concern was that USCIS may over step their bounds and use the definition of conviction INA 101(a)(48)(a)(which by its own admission is defined within the context of an alien not a citizen) against me in a matter where the case was registered as dismissed.

Anyhoo, I felt that it was important that folks know the situation as my case really fell into a gray area and anyone else agonizing over this situation may find some comfort here.

We are not out of the woods yet.. But this is a HUGE step as I have not been deemed ineligible.

Everyone who has shared their experiences and engaged in healthy debate have helped us both enormously.

I very much appreciate your support.

Best,

The optimist! (and you can be too)!

[TBoneTX 44,674]

Congratulations, si man!

Don't let down your guard, however -- be prepared for the embassy phase. Although Lima is seemingly not as tough as other South American outfits, I'd keep all of your preparatory evidence, and I'd be there for the interview. It could be very important for you to look them in the eye and respond with conviction to any accusations or "fishing" questions.

[Leatherneck 693]

Congratulations!

[sheepp 2]

Yessss!!!

[NoneYa 73]

TheOptimist- Thanks for the follow up and congratulations !