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Filed: Timeline
Posted

I just got engaged and our files fall under AWA. We try to gather the documents now. The only questions I have is how do we get the risk evaluation and the polygraph? Do I need the new ones or use the ones that were conducted during probation? If I need to use new ones, where you recommend us to check into to get those done in the state, and what specifics things we need to tell them to conduct?

Posted

I would assume if you already had them done as part of your probation then you should be able to use those as evidence. (because you have completed the requirements by your state)

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

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Filed: Timeline
Posted

Get new ones that are conducted after probation to show your commitment in their eyes to remain safe.

A new Polygraph could be used as well.

evil, are they the same? Risk assessment and polygraph? Who would do risk assessment and what do I tell them to do a risk asseessement? and what do I tell polygraph people about this?

Posted

I would disregard my previous advice, apparently completing your state requirements isnt enough =(

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

atckcgod5n.png

Filed: K-1 Visa Country: Philippines
Timeline
Posted

evil, are they the same? Risk assessment and polygraph? Who would do risk assessment and what do I tell them to do a risk asseessement? and what do I tell polygraph people about this?

No they are not

A risk assesment is doen over a period of time where you see a qualified Counselor who will then submit a battery of tests which combined with the sessions with you allow the counselor to follow certain standards and write a risk assesment.

It takes into account your current lifestyle

Your emotional state

Your Social life

Your Family Life

Your use of Risk indicators

Your professional career

Your ability to analyze and resolve possible trouble issues in the above categories and resolve those issues safely with out risk to yourself or anyone else

There is much more envolved than I know about These counselors for the most part are trained and qualified where our petition adjusicators are not

A Polygraph is a lie detector test and although they will take it it is up to them to believe it; the Polygraphs have always been unreliable. You could fail a Poly and be completely innocent.

The adjudicator can toss it if it shows in your favor and yet keep it if it is not in your favor.

Posted

I have trouble understanding how our petition adjucators can disregard documents from a licensed psychologist? If USCIS disputes a licensed psychologist then shouldnt they offer to send me to one of their own?

It would be like me, telling a doctor of medicine that he is wrong when i am not a doctor of medicine. So my question is, who are they to determine by just reading documents that a psychologist (appointed by my state) word, isnt good enough for them? Seems like that type of thinking would not hold any legal weight for USCIS

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

atckcgod5n.png

Filed: K-1 Visa Country: Philippines
Timeline
Posted

I have trouble understanding how our petition adjucators can disregard documents from a licensed psychologist? If USCIS disputes a licensed psychologist then shouldnt they offer to send me to one of their own?

It would be like me, telling a doctor of medicine that he is wrong when i am not a doctor of medicine. So my question is, who are they to determine by just reading documents that a psychologist (appointed by my state) word, isnt good enough for them? Seems like that type of thinking would not hold any legal weight for USCIS

They are not qualifies but the bogus written law allows them to make uninformed or uneducated decisions regarding the petitions.

They must make these decisions and will be held accountable by their bosses and so forth; agian there isnt much information given to anyone and this is to protect the USCIS from lawsuits for making liable decisions that can come back to haunt them.

They most likely have a little checklist and if your AWA case does not get all the checks then they deny. Of course if the situation was reversed such as their license revoked or denied a new one afte rbeing revoked they would cry foul and cry very loudly.

  • 1 month later...
Filed: IR-1/CR-1 Visa Country: Japan
Timeline
Posted

I have trouble understanding how our petition adjucators can disregard documents from a licensed psychologist? If USCIS disputes a licensed psychologist then shouldnt they offer to send me to one of their own?

It would be like me, telling a doctor of medicine that he is wrong when i am not a doctor of medicine. So my question is, who are they to determine by just reading documents that a psychologist (appointed by my state) word, isnt good enough for them? Seems like that type of thinking would not hold any legal weight for USCIS

I'm not sure but in the state that I live in, not all licensed psychologist are qualified to conduct a risk assessment in relation to a rehabilitated former sex offender (RFSO). It is the same way with polygraph examiners. Both must be licensed by the state.

Using the same line of reasoning you used for doctor of medicine: Not all doctors are the same. Your family doctor that has been treating you all these years may suggest that you see a specific specialist if your medical situation is beyond what the family doctor can handle.

You should first establish that the credentials of your license psychologist is in line with what your state requires in relation to RFSO. I would do the same thing with your polygraph examiner.

I just found out yesterday that I'm in the same battle. Be strong. Stay the course!

an1cJQp0g410010Mjc2bHN8MjU2NDM5MWxhfE1hcnJpZWQgZm9yIA.gif
Filed: K-1 Visa Country: Philippines
Timeline
Posted

I'm not sure but in the state that I live in, not all licensed psychologist are qualified to conduct a risk assessment in relation to a rehabilitated former sex offender (RFSO). It is the same way with polygraph examiners. Both must be licensed by the state.

Using the same line of reasoning you used for doctor of medicine: Not all doctors are the same. Your family doctor that has been treating you all these years may suggest that you see a specific specialist if your medical situation is beyond what the family doctor can handle.

You should first establish that the credentials of your license psychologist is in line with what your state requires in relation to RFSO. I would do the same thing with your polygraph examiner.

I just found out yesterday that I'm in the same battle. Be strong. Stay the course!

That is correct they must be state certified to perform a risk assesment and the counslers office would acknowledge this once you make the inquiry or they would agian be liable.

State licensed Polygrah Examiner/tester is still executing a polygraph which in either case hold up in a court of law. so again the Adjusicator could keep the test if it shows your a risk and toss it if it shows innocence or no risk; it is up to their descretion.

 
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