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charleywillett

Does having an Aggravated Assault on record require Adam Walsh Act?

By charleywillett in IMBRA Special Topics

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charleywillett Newbie

charleywillett   0

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My question is simple, but i can't seem to find the appropriate answer on here. I got an aggravated assault charge 7 years ago, was charged as a misdemeanor and I went through 18 weeks of Anger Management. Will i have to file a Adam Walsh Act form to proceed with my initial I-129F packet? I do not want to have an RFE, so what should i do? Also, is it required to pull criminal history and add to the I-129F regardless if my crime needs it? Any help would be very good. Thanks.

reese1 Proficient

reese1   68

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Was it against an ex girlfriend or ex wife were it would fall under Domestic violence? Otherwise, I do not see that being one of the charges they ask about on the form of convictions.

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jaycali Experienced

jaycali   415

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My question is simple, but i can't seem to find the appropriate answer on here. I got an aggravated assault charge 7 years ago, was charged as a misdemeanor and I went through 18 weeks of Anger Management. Will i have to file a Adam Walsh Act form to proceed with my initial I-129F packet? I do not want to have an RFE, so what should i do? Also, is it required to pull criminal history and add to the I-129F regardless if my crime needs it? Any help would be very good. Thanks.

No, not unless it could fall under domestic violence or a sexual offense.

charleywillett Newbie

charleywillett   0

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Where do I actually find out if it is or isn't? I do not believe I was charged with a domestic aggravated assault, since i took a plea. But it was with my ex-girlfriend. My question now is, how do i find this information out? Can i go to the courthouse, or what do you think my best option is?Again, i just do not want an RFE.

reese1 Proficient

reese1   68

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Where do I actually find out if it is or isn't? I do not believe I was charged with a domestic aggravated assault, since i took a plea. But it was with my ex-girlfriend. My question now is, how do i find this information out? Can i go to the courthouse, or what do you think my best option is?Again, i just do not want an RFE.

Check with the court, and get all documents on the proceedings.

Edited by reese1

Our Journey
6/13/2012 Sent I-129F package
6/14/2012 NOA1 --> California Service Center
9/25/2012 NOA2
10/01/2012 NOA2 Hardcopy received
10/01/2012 NVC Received
10/19/2012 Left NVC
11/30/2012 Picked-up Packet from Local Post Office
01/16/2013 Medical
01/23/2013 Interview - In AP

09/24/2013 Visa picked-up from DOMEX
10/10/2013 POE Ft. Lauderdale

10/28/2013 Applied for Social Security Number

01/01/2014 WEDDING IN LAS VEGAS


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JimVaPhuong Veteran

JimVaPhuong   4,863

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Adam Walsh Act waivers are for convicted sex offenders, and they're rarely granted. If you don't have to register as a convicted sex offender then the Adam Walsh Act doesn't apply to you.

What would apply is the IMBRA, which requires disclosure of many different kinds of convictions, including domestic violence. You don't have to ask for any waiver with the IMBRA unless you've had another I-129F approved within the past two years, or you've already filed two or more I-129F's at any time in the past. Otherwise, no waiver is required, but disclosure of the conviction is still required. Read the I-129F instructions to see what documents you need to include.

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TBoneTX Grand Master

TBoneTX   45,663

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*** Thread shifted from the K-1 Process forum to the IMBRA subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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