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Posted

Yes, when we got denied everything was denied too: work permit, I485, travel permit. I believe you could reopen, because I remember someone did that and they also were denied based on AWA. You say that the second layer wants to "start everything over... from the very beginning to refile all we had" - we reviled after our first denial and all it did is three more years of hopes and denial again. You can appeal now - you disagree with the decision, right? Why to stretch? Unless changes are made to Awa or the way it is applied and adjudicated a chance to be approved on the USCIS level is slim.

But please get more lawyer's opinion!

Only court can order you to leave, so before that no one come search for you.

Replying from scratch will keep you in status while you case is pending, and the court hearings will be postponed - I had this kind of thing going for 3years, and if you are approved on your 2 case, the first goes away, and you ar good, but if you are denied, you back in the same position. Appeal also will keep you from deportation.

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

It's been a while since I have posted on here. Still no luck with our petition. We have filed twice already so I can still be in status. The first time we filed was in 2008, we hired a lawyer but that didn't help any. Our petition was denied in 2010 after two years, we appealed the decision and that appeal is still pending. In 2011, we submitted another application and we just got denied again in July of 2013. We are again submitting an appeal for that. The only difference in the denial letter this time is that it did not say that the I-485 and work permit was denied as well. In fact I received my renewal employment authorization card after we received the denial letter which was a relief to me. I know we should consider that as a denial anyway because you never know with the USCIS. It may only have been a mistake on their end to approve the renewal of the EAD.

My husband is a registered sex offender. He was not required to attend therapy. We had a session with a clinical psychologist who discussed in her letter when we submitted more evidence that he poses no threat to me. On the denial letter the immigration officer said that this was still not enough evidence of his rehabilitation.

We are planning to file a 3rd petition and have my husband go through the sessions with a sex offender therapist even if he wasn't required by law to take them. If we still get denied, I don't know what we'll do moving forward. I have only seen 2 cases with this same circumstance get approved and in both cases, they went through the therapy sessions with a state licensed sex offender therapist. I know it will expensive to get this done, but we want to make sure that we had exerted all efforts in giving them what they need.

Posted

i know and feel your struggle. i was told that the proof of rehabilitation is the most important evidence. i attended therapy in california for 3 years, but who knows, it might not be enough for uscis to approve us! i sent almost 30 letters from family,friends and co-workers! (all notarized) letter from therapist,phsycologist,former probation officer,salvation army,red cross,50 or more emails from my wife,wedding invotation,state background check,local county background check, i even saw another sex offender therapist for a few sessions just to see if it would help! he has to do all he can to prove that he is not a violent person and that he has changed his life. my NOA1 was on dec 22 2010, and ive been waiting ever since, they sent me a NOID and i sent in all the info on july 25 2013 and now i get this email about the alien registration number, i just pray that its a positive sign. but while you still have breath, there is hope! your husband has to do alot of evidence gathering, volunteer work, church,blood drives ect...you have to gather all the positive info you can to combat that one dark moment in your life.

  • 6 months later...
  • 3 weeks later...
Filed: Other Country: Poland
Timeline
Posted

I am SO Thankful I found this site. I have learned and am now hoping.

I am trying to figure all this out. I for starters must say I am in a Gay Marriage. ( the laws have just changed ).Please don't hold that against me. My spouse is from Poland is here in the US with me and has been with me for 9 years. We were married 9 months ago. It was the BEST day of our life. Now to starting the process. Everything was going great - he got his Employment Card and now drivers license, and SSN. Here is the problem -- We filed for his I-130 and all is moving. Then something from my past came around. I did NOT know a crime from 1994 would affect this proceedings. I m honest and open and can say the crime was Sex related and had to do with Child Porn on the internet. I server Federal Time for it and got out - -I did 3 years probation and also went to weekly therapy - then after probation I continued for another three years ( just because this type of crime destroys any hopes for work etc.

NOW the BOMB drops -- I did NOT know I had to tel anyone of my past etc. But USICS wants me to do a biometric scan and also says I may fall under the AWA law - HOW in the world am I going to prove my risk is NONE. My spouse has been with me LIVING with me for 9 years, We will never have kids nor are we trying too. We have two dogs that are our children per se. My spouse is fully aware of the past ( not happy about it ), and supports me. We run and own a large computer store, I have never laid a hand on him nor anyone in my life for that matter. I never harmed a child, but the damn month I goofed around on the internet now has me sick to my stomach that we will lose the battle. I am 50 years old and a Vet, serve my townships business organization, am friends with many law enforcement whom know me and the list goes on.

Sorry just venting and I am sick to my stomach -- actually have not eaten in two days now out of worry. My spouse is constantly in tears and is afraid of ICE knocking our door down ( yeah I know a little to scared ) - But this has turned our hopes and dreams to a living hell -- All we want is to be happy and live our lives.

I hope someone can give advise on how to fight this - even though the battle has just started. I have not even gone for my fingerprints yet, but I know whats coming.

When do I have to submit the Evidence to show "No Risk" etc. I can get all my doctors records ( in fact he stated my diagnosis was I was STUPID - Stupid that is for dabbling in that type of thing online ). I am not a threat to anyone, I can get letters from family and friends who know my spouse and I have lived here and together for 9 years. We have the photos to show our happiness, I can get the police Rap sheet I guess its called. I am worried I do not have a copy of the original indictment ( that was 18 years ago since I went to prison - even there I had a perfect record ).

Just what does anyone here have to offer for advise. Anything. I just have no where to turn to ask ( besides lawyer who we did not tell of the crime as we thought it was not a problem since so old ) - This site is my new site for hope. And my place to vent and write so much.

Thanks for reading.

  • 3 weeks later...
Posted (edited)

I have been reading the threads and I have learned a lot from all of the information that you guys have provided. I have a question though.....Will a conviction of sexual assault against none minors still fall under AWA? I am worried and confused. My husband(the petitioner) had a conviction a couple of years back but this was not for a minor. We don't have kids and I don't have kids prior to marriage.Recently, my husband received a request for biometrics.

Edited by happywife78
Posted

I am SO Thankful I found this site. I have learned and am now hoping.

I am trying to figure all this out. I for starters must say I am in a Gay Marriage. ( the laws have just changed ).Please don't hold that against me. My spouse is from Poland is here in the US with me and has been with me for 9 years. We were married 9 months ago. It was the BEST day of our life. Now to starting the process. Everything was going great - he got his Employment Card and now drivers license, and SSN. Here is the problem -- We filed for his I-130 and all is moving. Then something from my past came around. I did NOT know a crime from 1994 would affect this proceedings. I m honest and open and can say the crime was Sex related and had to do with Child Porn on the internet. I server Federal Time for it and got out - -I did 3 years probation and also went to weekly therapy - then after probation I continued for another three years ( just because this type of crime destroys any hopes for work etc.

NOW the BOMB drops -- I did NOT know I had to tel anyone of my past etc. But USICS wants me to do a biometric scan and also says I may fall under the AWA law - HOW in the world am I going to prove my risk is NONE. My spouse has been with me LIVING with me for 9 years, We will never have kids nor are we trying too. We have two dogs that are our children per se. My spouse is fully aware of the past ( not happy about it ), and supports me. We run and own a large computer store, I have never laid a hand on him nor anyone in my life for that matter. I never harmed a child, but the damn month I goofed around on the internet now has me sick to my stomach that we will lose the battle. I am 50 years old and a Vet, serve my townships business organization, am friends with many law enforcement whom know me and the list goes on.

Sorry just venting and I am sick to my stomach -- actually have not eaten in two days now out of worry. My spouse is constantly in tears and is afraid of ICE knocking our door down ( yeah I know a little to scared ) - But this has turned our hopes and dreams to a living hell -- All we want is to be happy and live our lives.

I hope someone can give advise on how to fight this - even though the battle has just started. I have not even gone for my fingerprints yet, but I know whats coming.

When do I have to submit the Evidence to show "No Risk" etc. I can get all my doctors records ( in fact he stated my diagnosis was I was STUPID - Stupid that is for dabbling in that type of thing online ). I am not a threat to anyone, I can get letters from family and friends who know my spouse and I have lived here and together for 9 years. We have the photos to show our happiness, I can get the police Rap sheet I guess its called. I am worried I do not have a copy of the original indictment ( that was 18 years ago since I went to prison - even there I had a perfect record ).

Just what does anyone here have to offer for advise. Anything. I just have no where to turn to ask ( besides lawyer who we did not tell of the crime as we thought it was not a problem since so old ) - This site is my new site for hope. And my place to vent and write so much.

Thanks for reading.

I feel for you. I have been having a hard time sleeping myself because of this dilemma too. My better half is a wonderful person and all we want is a fresh start in life and to be given a chance to be together.

Did your letter specifically indicated that the biometrics was due to AWA? Coz I could not remember my husband stating that about out letter.

Let's all have faith and hope that we will go through this and get an approval in the end.

Filed: Other Country: Poland
Timeline
Posted

The letter we got actually did say it was related to the AWA - but our attorney also said it does not always say such - If the USC is has to do the Biometric thing -- it means something came up and it could or could not be AWA.

To further our saga now -- I have letters/reports from the therapy / psych I went to for three years and then another three for my stress about how life is now due to "MY" past. My spouse has been thru it with me and still is hanging on. This episode is destroying us, Love is a POWERFUL thing, but one can only take so much. My spouse I can tell is giving up hope already. And even the Federal Court where I was convicted ( I had to get my 20yr old records ), could not believe the DHS is doing this. I HOPE & PRAY all goes well. Our attorney said with ANY hope that it can take a few years - more if it needs to go in front of the Courts. I KNOW in my heart my spouse cannot mentally hang on - Finally got the SSN card to work and guess what -- until the DHS/USICS approves this - there can be NO WORK -- so the SSN is useless actually. So far we have spent all our savings and have nothing left monetarily to fight - I can only PRAY someone will say its okay in the great ole US ( pun intended ). If i lose this I will lose my spouse and I am at fault for that. And my spouse will also have lost 10+ years. As I stated earlier - I own and run a large retail store ( I cannot get a job due to the past - but I am doing alright ), I hav enot even gotten a speeding ticket ever, I have never done anything wrong my whole life except ONCE! Yet DHS holds this scarlet letter on my to destory me and thats what its about. If you do not have money and are a nobody then you get nothing.. And on that point did you know the Main Governement Official whom started this AWA Bill was the guy kicked out of Congress for sending sexually explicit photos and texts to young boy interns in Washington D.C. - Yup thats the guy and he now makes millions as a private speaker with NO CRIME. Go Figure. Oh And ya want a BIG ONE - This AWA law - God Bless the child Adam Walsh who was murdered -- BUT....... Did you know that his father John Walsh - dated - had sex with a 16 yr old girl and LAUGHS about it on interviews and justifies it - SICK SICK world -- Point being - WHY is he NOT in prison and WHY if you have money is it OKAY. See here -- You really need ot read it if your fighting AWA -- SICK John Walsh - Yet he helped get AWA thru by crying in Court. GO FIGURE and YES its a FACT and not made up. http://sexoffenderissues.blogspot.com/2012/07/john-walsh-documentary-admits-dating.html#.Uzq6fqhdWSo

 
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