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Filed: AOS (pnd) Country: Canada
Timeline
Posted

Ok, so before everyone freaks out, my husband is a 'registered sex offender' and was charged with attempted sexual assault on a child, but it was a false accusation by his sister (her 3 year old daughter was the 'victim') because they were about to inherit a lot of money from their deceased fathers business and if either of them were in any legal trouble, the other would get all the money. Hubby took a plea bargain because someone who was in county jail with him on similar charges was sentenced to a long time in prison even though they didn't have any evidence, so he took the plea bargain out of fear.

This kind of messes us up a bit when it comes to immigration because of the Adam Walsh Act. We need proof that he isn't going to be dangerous to me. His offence is NOT a violent offence. My husband had an assessment done before (possibly while) he was in prison, and the assessment says he's of no threat to the general public. As a registered sex offender, in Massachusetts, he is classed as not likely to re-offend. He has finished parole earlier than expected in January and was on good terms with his parole officer the whole time. He never had any problems with that. He did NOT finish the mental health group therapy he was required to do while on parole, but that's because he finished parole before the group was over. As he was put in prison, he seen a psychologist, and they gave him a clean bill of health. No mental health problems at all.

Anyway, would this assessment saying he's of no threat to the general public be enough for the Adam Walsh Act? What else could we use? Statements from people we know? Could I write a letter? The guy wouldn't hurt a fly. I have emotional/psychological issues myself and I'm the one who causes all the drama in the relationship, but he's so patient and understanding. I just wish they could see that for themselves. I so afraid they will deny immigration. I miss my husband to death.

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

Ok, so before everyone freaks out, my husband is a 'registered sex offender' and was charged with attempted sexual assault on a child, but it was a false accusation by his sister (her 3 year old daughter was the 'victim') because they were about to inherit a lot of money from their deceased fathers business and if either of them were in any legal trouble, the other would get all the money. Hubby took a plea bargain because someone who was in county jail with him on similar charges was sentenced to a long time in prison even though they didn't have any evidence, so he took the plea bargain out of fear.

This kind of messes us up a bit when it comes to immigration because of the Adam Walsh Act. We need proof that he isn't going to be dangerous to me. His offence is NOT a violent offence. My husband had an assessment done before (possibly while) he was in prison, and the assessment says he's of no threat to the general public. As a registered sex offender, in Massachusetts, he is classed as not likely to re-offend. He has finished parole earlier than expected in January and was on good terms with his parole officer the whole time. He never had any problems with that. He did NOT finish the mental health group therapy he was required to do while on parole, but that's because he finished parole before the group was over. As he was put in prison, he seen a psychologist, and they gave him a clean bill of health. No mental health problems at all.

Anyway, would this assessment saying he's of no threat to the general public be enough for the Adam Walsh Act? What else could we use? Statements from people we know? Could I write a letter? The guy wouldn't hurt a fly. I have emotional/psychological issues myself and I'm the one who causes all the drama in the relationship, but he's so patient and understanding. I just wish they could see that for themselves. I so afraid they will deny immigration. I miss my husband to death.

i had been arrested for fighting and i paid fine after 3 days in jail,i need answers from anyone who replies your case as i am interested too

Filed: Timeline
Posted

i had been arrested for fighting and i paid fine after 3 days in jail,i need answers from anyone who replies your case as i am interested too

Fighting with a stranger or someone or a relative in your own house?

I suggest starting a separate thread as you and OP are in different leagues. The Adam Wash act is not a small thing.

Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

Fighting with a stranger or someone or a relative in your own house?

I suggest starting a separate thread as you and OP are in different leagues. The Adam Wash act is not a small thing.

i fought with a colleague at working place and it was in self difense but i already have my police clearance as i cleaned and closed the case.will it be a problem ? and on the question :Have You been arrested for a crime ? should it be yes or no

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

i fought with a colleague at working place and it was in self difense but i already have my police clearance as i cleaned and closed the case.will it be a problem ? and on the question :Have You been arrested for a crime ? should it be yes or no

Were u ever arrested YES if not NO.

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  • 1 month later...
Filed: AOS (pnd) Country: Brazil
Timeline
Posted

Im in the same situation...we r from New Hampshire and applied in August but only got the receipt notices 9 weeks later because Chicago Lockbox lost our application. We got a receipt notice last week and 2 days later a biometrics appt scheduled on 10/31/12 next week and today just got a RFE because my husband is a sex offender and we fell under the Adam Walsh Act. He was 18 and had sex with a 16 year old girl that told him she was 18, he also took a bargain to plea guilty and did 2 years in prison. That happened 18 years ago. We've been married for 2 years now and he obviously poses no threat to me or anyone else his crime was just being dum enough to believe what that girl said. They wanna make sure that he poses not threat to me or society. How can we provide such proofs?

Is it better if we involve the Human Rights Comission or ACLU or we just provide them the evidence and wait for it...we r so worried...please help us

  • 3 weeks later...
Filed: K-1 Visa Country: Philippines
Timeline
Posted

Anyway, would this assessment saying he's of no threat to the general public be enough for the Adam Walsh Act? What else could we use? Statements from people we know? Could I write a letter? The guy wouldn't hurt a fly. I have emotional/psychological issues myself and I'm the one who causes all the drama in the relationship, but he's so patient and understanding. I just wish they could see that for themselves. I so afraid they will deny immigration. I miss my husband to death.

Ok how why when or where no longer matters.. The facts you face is he is a registered sex offender or a FSO. I just want to clear that up; not juding anyone as I would be the last one to judge anyone as I am a FSO.

Good he finished his term and parole; doctor says he is not mentally unstable; his assesment in your words is no threat (I believe you please bear with me); you trust and feel safe with him

Bad is he did not finish the offender treatment program

Lets answer your questions:

1. Have you read the assesment? Any doctor writing an assesment based on past history and current history would state "little to no threat to public and or possibly named persons" as mine did; with a clause unlikely to reoffend.

Stating otherwise makes them liable to any future harm to anyone by the person being assesed. This wording is as good as it gets if his assesment in fact does state what you say above then even better.

So yes it is sent as evidence.

2. Absolutley write a letter and have your family and his and friends and church members etc. write letters have how they know him and why they trust him. Keep the letters away from the "he deserves a chance or he did his time..etc.." have each person certify each letter to prove they wrote the letter.

3. Work history and his ability to take care of you with out the assistance of others or the government

4. use his parole history

5. what was his last review in the offender treatment program can he get access to it?

FYI your emotions are not of whack and most likely niether is his..you both handle situations differently.

The agents adjudicating our cases have little to no back ground in working with sex offenders except for the checklist they have and controlled seminars they attend. The strict rules given to them that no one else knows allows for little input from us or them except they can mark something as not acceptible and we would not see it.

There are no guarantees and having a great attorney costs alot and does not improve your chances much; it just ensures the correct information is recieved on time.

Good Luck with the process.

 
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