Denied visa because under AWA

[rade2rising 205]

yea thanks pushbrk thats the one I mean

[want_changes 0]

I understand about reply....yes we have one child because I've become preggo 1 month before he left from my country..He was about to coming back here to see our little one but because of what happened..He never had a chance to see our baby or he never met our child.

I am going to look that site about atty's associate...thank you.

[hamigirl710 112]

I understand about reply....yes we have one child because I've become preggo 1 month before he left from my country..He was about to coming back here to see our little one but because of what happened..He never had a chance to see our baby or he never met our child.

I am going to look that site about atty's associate...thank you.

I am hoping you see the severity of this situation.

Being convicted of a sexual act on a child is a very serious matter. If your country blacklisted him maybe his offense is more serious than you think. How well did you really know him before you married him and became pregnant? Have you verified his exact offense from somebody besides him? I am not talking out of lack of knowledge because this is what I do for my career and my scope of work involves the investigation of allegations of sexual abuse to children. I understand you have a child with him, but maybe it is a good thing this is happening.

This is just my opinion from what I deal with on a daily basis.

I wish you the best!

Edited November 2, 2012 by hamigirl710

[OgaMum 4]

Maybe I am too sleepy....but why is the applicant denied because the applicant is a sex offender?

What is his record have to do with the applicant entering USA to be with her husband???

[pushbrk 13,251]

Maybe I am too sleepy....but why is the applicant denied because the applicant is a sex offender?

What is his record have to do with the applicant entering USA to be with her husband???

You are confusing who is the applicant. The visa applicant is a foreign female. She doesn't have a record and she has never applied for a spouse visa. Her US Citizen husband has a criminal record covered under the Adam Walsh Act, which prevents him from getting the necessary petition approved, so his wife can apply for a spouse visa. If you are asking about the Adam Walsh Act, Google is your friend. It's the law. It's really as simple as that. Unless a Psychiatrist is willing to state with surety that the offender is not a risk for further unlawful behavior, they don't get petitions approved.

[OgaMum 4]

You are confusing who is the applicant. The visa applicant is a foreign female. She doesn't have a record and she has never applied for a spouse visa. Her US Citizen husband has a criminal record covered under the Adam Walsh Act, which prevents him from getting the necessary petition approved, so his wife can apply for a spouse visa. If you are asking about the Adam Walsh Act, Google is your friend. It's the law. It's really as simple as that. Unless a Psychiatrist is willing to state with surety that the offender is not a risk for further unlawful behavior, they don't get petitions approved.

Geez! I know the applicant is the female. I asked what does HIS RECORDS have to do with THE APPLICANT???

I read the act and it is foolish. To "punish" the applicant for something that has nothing to do with her or him is foolish.

[pushbrk 13,251]

Geez! I know the applicant is the female. I asked what does HIS RECORDS have to do with THE APPLICANT???

I read the act and it is foolish. To "punish" the applicant for something that has nothing to do with her or him is foolish.

What you or I think or "feel" about the law is irrelevant. It is the law. The law punishes the USC petitioner and by extension, potentially their spouse. If you want to discuss your feelings about AWA, we have an off-topic forum for that. This forum is about helping people with their immigration issues. This OP, now knows they need specialized legal assistance. The discussion you and I are having would be inappropriate to continue in this forum.

[OgaMum 4]

What you or I think or "feel" about the law is irrelevant. It is the law. The law punishes the USC petitioner and by extension, potentially their spouse. If you want to discuss your feelings about AWA, we have an off-topic forum for that. This forum is about helping people with their immigration issues. This OP, now knows they need specialized legal assistance. The discussion you and I are having would be inappropriate to continue in this forum.

Good..don't discuss it any further.

[OgaMum 4]

Im a newbie here..by the way ive been married for 3 yrs and our visa denied because my husband is under AWA...we dont have any way to be together but i keep praying nd hoping there is...do you think there is any way that our visa aprove if we reapply?? thanks for your helps!!

If my husband get off from list of reg..do you think if we reapply..is there will be a chance to get aprove??..plss help..!! ty

You need to challenge the act because it is foolish to punish you for something that had nothing to do with you. It has been 10 years and he can't bring you over? It is his right to life and prosperity regardless of the crime which I am sure he paid his dues shouldn't prevent him from being with his wife on HIS SOIL.

If you guys love each other very much and sincere....fight it.

I wouldn't be surprised if they create more foolish immigration laws.

Good luck!

[hamigirl710 112]

You need to challenge the act because it is foolish to punish you for something that had nothing to do with you. It has been 10 years and he can't bring you over? It is his right to life and prosperity regardless of the crime which I am sure he paid his dues shouldn't prevent him from being with his wife on HIS SOIL.

If you guys love each other very much and sincere....fight it.

I wouldn't be surprised if they create more foolish immigration laws.

Good luck!

How do you suppose she challenge a law that is there for her safety? Her husband is a sex offender and this law was created for specific reasons and that is not to punish her but keep her and her child safe. Immigration is a privilege not a right and her husband does not qualify. Even a psychiatrist would not sign off saying he is recovered and won't do it again. I feel bad for her but the law is there for good reasons.

[N-o-l-a 7,168]

Is it possible that he might not even be allowed to live with a minor child?

[Ms Hogan 295]

I don't think this is something to be "challenged" especially for being "foolish". Before calling it foolish be sure to read about the AWA first and understand it fully.

I can't imagine how shocking and painful it would be to find out that the man you love is a registered sex-offender. It is my understanding that the range of offenses that require registration is great but no matter what the severity you will have to get a lot of help trying to make this happen.

[pushbrk 13,251]

You need to challenge the act because it is foolish to punish you for something that had nothing to do with you. It has been 10 years and he can't bring you over? It is his right to life and prosperity regardless of the crime which I am sure he paid his dues shouldn't prevent him from being with his wife on HIS SOIL.

If you guys love each other very much and sincere....fight it.

I wouldn't be surprised if they create more foolish immigration laws.

Good luck!

Because the OP is a foreigner, she has no standing to challenge the impact of the AWA on the petition her husband filed on regarding her. Her husband can challenge the impact of the act on his petition if he chooses.

[hamigirl710 112]

I don't think this is something to be "challenged" especially for being "foolish". Before calling it foolish be sure to read about the AWA first and understand it fully.

I can't imagine how shocking and painful it would be to find out that the man you love is a registered sex-offender. It is my understanding that the range of offenses that require registration is great but no matter what the severity you will have to get a lot of help trying to make this happen.

Ok I did a little research on this law to help the OP and anybody else understand what AWA is:

This law limits the rights of citizens or permanent residents to petition to immigrate their spouse or other relatives to the U.S. if the petitioner has a listed child sex abuse conviction. If that is the case, then the petition cannot be approved unless the Department of Homeland Security determines in its unreviewable discretion that there is no risk of harm to the beneficiary or derivative beneficiary.

http://en.wikipedia.org/wiki/Adam_Walsh_Child_Protection_and_Safety_Act

A)

by striking (B)(i) Any alien and inserting the following: (B)(i)(I) Except as provided in subclause (II), any alien; and

(B) by adding at the end the following:

(I) Subclause (I) shall not apply in the case of an alien lawfully admitted for permanent residence who has been convicted of a specified offense against a minor (as defined in subparagraph (A)(viii)(II)), unless the Secretary of Homeland Security, in the Secretarys sole and unreviewable discretion, determines that such person poses no

H. R. 447237

risk to the alien with respect to whom a petition described in subclause (I) is filed..

http://www.justice.gov/olp/pdf/adam_walsh_act.pdf

I will add that the OP's own country also banned him from entering her country. So his crime had to be pretty awful for this to happen.

This law/act is specifically for people who have offenses against children. I do not see this law/act as "foolish" at all. I work with these families who are victims of sex abuse and I do not wish this trauma on any person adult of child.

Edited November 6, 2012 by hamigirl710

[pushbrk 13,251]

I will add that the OP's own country also banned him from entering her country. So his crime had to be pretty awful for this to happen.

This law/act is specifically for people who have offenses against children. I do not see this law/act as "foolish" at all. I work with these families who are victims of sex abuse and I do not wish this trauma on any person adult of child.

Unless you have a good knowledge of the country's actual policy on these matters, you have no idea whether the crime was "pretty awful". For example, if you have a DWI/DUI conviction on your US record, you are not admitted to Canada. Policies vary. Unless you know them, it's wise not to speculate.