Denied visa because under AWA

[hamigirl710 112]

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.

you are correct and I apoligize for my speculation.

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

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.

I thought it was pretty clear that in order for USCIS to deny an application under the AWA that the sexual crime occurred to a minor. That's pretty awful in my book.

Also, I looked it up:

There is a presesumption of Risk Where Intended Beneficiary is a Child – “Irrespective of the nature and severity of the petitioner’s specified offense and other past criminal acts and irrespective of whether the petitioner and beneficiary will be residing either in the same household or within close proximity to one another,” the “adjudicator must automatically presume that risks exists” where the intended beneficiary of the petition is a child. The “burden is on the petitioner to rebut and overcome the presumption. Therefore, if a K-2 is involved and a child will be coming to the US, this provision will be analyzed.

http://www.asianjournal.com/immigration/atty-brian-lerner/9526-my-usc-fiancee-has-a-sex-crime-against-a-minor--can-i-still-get-my-fiancee-petition.html

I'm thinking now that there is a child involved it is going to make this process harder.

Edited November 6, 2012 by Nola123

[hamigirl710 112]

I thought it was pretty clear that in order for USCIS to deny an application under the AWA that the sexual crime occurred to a minor. That's pretty awful in my book.

Also, I looked it up:

http://www.asianjournal.com/immigration/atty-brian-lerner/9526-my-usc-fiancee-has-a-sex-crime-against-a-minor--can-i-still-get-my-fiancee-petition.html

I'm thinking now that there is a child involved it is going to make this process harder.

According to the OP her husband's psychiatrist had to sign a statement that he won't offend again and he refused to sign...I do not think the OP will be able to get a visa through this marriage.

[pushbrk 12,974]

I thought it was pretty clear that in order for USCIS to deny an application under the AWA that the sexual crime occurred to a minor. That's pretty awful in my book.

Also, I looked it up:

These are judgment calls and the list of crimes can include anything from the most awful you can imagine to the 18 year old getting caught with his or her 17 year old girlfriend or boyfriend, with a parent pressing charges, 30 years ago.

We don't know the facts of this case, so speculation is out of line.

[rade2rising 205]

These are judgment calls and the list of crimes can include anything from the most awful you can imagine to the 18 year old getting caught with his or her 17 year old girlfriend or boyfriend, with a parent pressing charges, 30 years ago.

We don't know the facts of this case, so speculation is out of line.

agreed. its really easy to be judgemental with such cases but everyone need to try and answer OP question about what can be done about her case instead of advising her about some danger we dont know about. OP have been told numerous times what to do which is to consult qualified immigration lawyer that specialize in such cases.

[MedRoni 161]

According to the OP her husband's psychiatrist had to sign a statement that he won't offend again and he refused to sign...I do not think the OP will be able to get a visa through this marriage.

Here is really the main point. His own psychiatrist won't sign off it, meaning no guarantees he would not re offend. Add this to having a new child in the house if you live together? I was a victim of childhood sexual abuse from a family member and I guarantee you I will never let a child of mine near them now, signed off or otherwise. Could you honestly comfortably take that chance?

No judgement meant, just something very serious to think about.

[want_changes 0]

Thanks for the conversation...ive been busy for a while..by the way..we reapply our application soon..he is low risk and i assured of that. .ive knew about his reg before we met in person and married...i also read the papers from his conviction from the court..he never raped any minor age....you are still in the line of offenders..which is very sad..its been tough for us but I know we will be together..oh yes we will fight for it..we sent another new documents...Im very happy im married a responsible man..not all of people are bad..there is a saying ..there is 2 behind the story..lie or truth...I'll wait whenever we will be together or see each other again..thanks for the response..

[belinda63 3,039]

No one saw that movie horrible bosses (I think was the name) where the one guy was a registered sex offender because he was drunk and peed within so many feet of a school at 2 am? A lot of people are listed as sex offenders for stupid reasons and many are listed for very good reasons, we don't know what he was found guilty or and/or plead guilty to or for what reasons.

Very few mental health doctors will sign off saying a person will never do "something" because if the person later does imagine the law suits and criminal action against the doctor who said this.

[rade2rising 205]

agreed not all sex offenders are bad ppl.

[Linus5260 0]

Required reading for anyone caught in this nightmare: http://www.aila.org/...spx?docid=42682.

This is a legal perspective of the AWA as it relates to the way the USCIS has chosen to implement it prepared by the American Immigration Lawyer's Association.

[Ryan H 3,812]

Prior to today, the last post in this thread was nearly 1.5 years ago; closing old thread.