My Case is denied after 2 years and 6 months

[A and T 82]

They claim that written letters from my wifes family, and my family, plus others in the community about my character isnt enough proof.

They claim that my psychological eval that was part of my probation, isnt enough evidence.

Over all they claim all of my proof, is not proof that i "pose no risk"

They say i havent submitted enough proof of rehabilitation of my behavior? (although i completed all my states requirements for probation)

Over all they claim i have no " concrete examples" of rehabilitation , I don't know at this point in my life what that would be?

I have 30 days to appeal =(

[Tim/Mav 305]

Your Congressman seems to be able to do nothing. There is Nothing a VJ Member can do.

You a limited time to respond.

It's time to get an Attorney. And I mean FAST.

They have a reason for the denial and are not backing down. (Based on your Post)

[A and T 82]

Ive had a lawyer since i started the process!! , and i dont know what i can give them in only 30 days time that i haven't already given them =(

[evli1966 88]

Ive had a lawyer since i started the process!! , and i dont know what i can give them in only 30 days time that i haven't already given them =(

Your Attorney must present a notice to extend (if I am not mistaken) and then request a hearing before an ajudicator.

At which time all evidence would be presented again plus any further evidence gathered.

You could have another risk assesment done and Polygraph outside of what was done as a requirment for probation.

Provide information on your professional career which supports yourself and allows you to live what they would call a safe lifestyle presenting no risk to others.

What does your attorney say?

is the attorney a paper pusher for you or will he/she be by your side during this going before the adjudicator?

[A and T 82]

Your Attorney must present a notice to extend (if I am not mistaken) and then request a hearing before an ajudicator.

At which time all evidence would be presented again plus any further evidence gathered.

You could have another risk assesment done and Polygraph outside of what was done as a requirment for probation.

Provide information on your professional career which supports yourself and allows you to live what they would call a safe lifestyle presenting no risk to others.

What does your attorney say?

is the attorney a paper pusher for you or will he/she be by your side during this going before the adjudicator?

I'm not sure what will happen, im waiting to hear from my lawyer

Will keep you all posted, Ive lived in the philippines for the last year, think they would accept a polygraph from the philippines? Guess we will see

[kazuava 4]

I feel so sorry about that!

That is what they did to me: nothing is good enough, and statements of us and others is not a proof of not being a threat. But they felt that is OK to refer to my husband's ex-wife saying that she was "concerned" about his behaviour, which was somewere in old Police report.

THey don't have any dustise in Adjudicating AWA cases, and they what to deny them outright (hope that folks, whose cases are at Vermont will be treated more professionally). Also, I hope that Appeals, which are pilling up, will straighteneded situation out once and for all.

What gets me the most is why to wait so long to deny anyway!?

Meanwhile, I admire your will to be with the loved one, even if that mean US Citizen move to Phillipines. I wish you to be strong during this new stage of your case development.

The appeal is a usial next step. And the nice thing is that the notice of an Appeal has to be send withing 30 days, but the Brief may follow withing next 30 days. which gives you a little more flexebility. Evli1966 had an interesting post about appearing before an Adjudicator, I wonder what your lawyer will say about that.

We appealed.

Again, good luck!

Edited February 12, 2012 by kazuava

[minipie 1]

They claim that written letters from my wifes family, and my family, plus others in the community about my character isnt enough proof.

They claim that my psychological eval that was part of my probation, isnt enough evidence.

Over all they claim all of my proof, is not proof that i "pose no risk"

They say i havent submitted enough proof of rehabilitation of my behavior? (although i completed all my states requirements for probation)

Over all they claim i have no " concrete examples" of rehabilitation , I don't know at this point in my life what that would be?

I have 30 days to appeal =(

any update news about your appeal review? did they transfer your appeal to BIA?

[evli1966 88]

There is hope

http://www.prlog.org/12250513-law-offices-of-nicklaus-misiti-obtains-another-adam-walsh-act-approval-in-federal-court.html

[Darnell 8,478]

my short list:

--independent evaluations from 2 or 3 state-board-certified psychiatrists

--letter from the probation officer, a detailed letter, outlining the work you did during your probation, the change he/she has noticed in you, and his/her evaluation of your future threat matrix and recidivity index; along with copies of stuff from the casefile that back up his letter.

---EOM

[TBoneTX 45,324]

One nonresponsive post removed from this previously old thread. It would be locked because of its age, except that the OP has logged on to VJ very recently. OP, is there an update?

[A and T 82]

I appealed my case, and my appeal was accepted, my case was remanded back to USCIS for further processing

[TBoneTX 45,324]

Way to be persistent -- good luck, and keep us apprised.

[minipie 1]

I appealed my case, and my appeal was accepted, my case was remanded back to USCIS for further processing

could you please how long did it take send Appeal from to BIA> how long BIA approved your appeal and remanded it back to USCIS?

[CanadianLady 1]

I appealed my case over a year ago and still nothing from them. I am 5+ years deep in this with an amazing attorney. I just can't believe this. Does anyone ever have any success?????

[minipie 1]

I appealed my case over a year ago and still nothing from them. I am 5+ years deep in this with an amazing attorney. I just can't believe this. Does anyone ever have any success?????

BIA appeal dismissed how about yours?