Adam Walsh Act - advice on relevance ?

[Villanelle 4,122]

^Well I agree with the needing a good attorney. (what I find troubling is I peeked at her blog and it mentioned going for an interview in apx 5 months?- if the lawyer shes using told her shed be having an interview in 5 months and knew she had AWA issues- hes full of ####### and is not a good lawyer and they should consider ditching him- because hes not being upfront about timeframes so who knows what else hes not being 100% about)

I agree USCIS interpreted AWA- but (shrug) what can you do? I mean really- what can one do? It sucks that they took a law that was meant to protect children and made their policies so that someone convicted of picking up a prostitute (which I dont even know should be a crime) is now subject to the same process of guilty until proven innocent and has to go through the same steps.

The only thing I think I may have said that could be somewhat untrue is the there is no appeal from the denial. Its true but it isnt. Theres no standard appeal like there is for other forms/processes. But you can hire a lawyer and spend like you said upwards of 10-20k appealing on various technicalities of policies and case law but the denial itself does not have a standard 'submit this if you disagree' appeal for 300 bucks thats resolved in 6 months or less.

I also agree she does have in her favor that the charge was before the AWA act in 2006.

Heres a couple of links for those that may be interested-

the first- basically the same info in my post above, but in a more professional format- basically describing the offenses that trigger the AWA, what you need to submit to get approved/how they decide that- and how unfortunately you are guilty/dangerous until you show you are not.

http://www.usimmigrationlawyers.com/resources/immigration-law/us-visa/family-based-fiance-visa-walsh.htm

This is a link to an article (of sorts-more like a paper or brief) about what seems to be trying to appeal a denial by arguing the conviction was not a qualifying AWA charge. Basically the 'meat and potatoes' of it seems to be USCIS can make whatever policy they want based on the AWA act.

(I dont know if this will open for everybody as its opens in google doc viewer?) if not try searching- www.texasbarcle.com the adam walsh act and it should come up

https://docs.google.com/viewer?a=v&q=cache:6L4HanklhZcJ:www.texasbarcle.com/CLE/OLGetArticle.asp%3FlArticleID%3D134198%26sType%3DPDF%26sFile%3D%252FMaterials%252FEvents%252F9824%252F134198_01.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEEShZg_BKEyW_OMuPuWscX-pg6qjeWyUl-SElUcx6ppGyBP8J8EvROqQdK2B3LloKzZcoIdjUJn3VXnhDJJgVFuPdV5SjzeJQYoQ-AAz4qMT1yygQ4_zaYBqvaYd6oYTykyTTIeoq&sig=AHIEtbR4yz1bRJZmGtdvdgK4UDN_-hogXg

The last is also the same format (google doc viewer) its a brief for an appeal- I dont know if they were sucessful or not, because I didnt google the case name to see- but it has a lot of language in it about the act, why they are appealing/how etc.

https://docs.google.com/viewer?a=v&q=cache:ukqZJW7vgnEJ:www.aila.org/content/default.aspx%3Fdocid%3D42682+&hl=en&gl=us&pid=bl&srcid=ADGEESg2M3zVA7vq2gkXDONKkeZtondMVzd0Y36NTxD0Ibpatk1YjPNvoWUhsu7Qz_AxxxSzKrtG9fmU0bBtFehzWAQ8eEmZ8STT7ra13-vhX2Z-PNwk1lz1a0uzt8vCsMyrtJEpr0Ku&sig=AHIEtbT32Fz3ZicHM2ihfHp7XIjBiTxI6A

or search for keywords- www.aila.org Amicus Haverly Brief FINAL

[AussieNemesis 16]

Thanks for those links.

Apart from doing what people are recommending and getting our documents and evidence together I am thinking of searching where permitted for legal precedents where individuals have won against this law - in the hope that there are previous rulings that can be used by other petitioners ...

If anyone is aware of any legal databases that are accessible to the public, or of any cases where there has been a favorable ruling in an AWA case can you post them here or point me to them ?

Thanks

[Villanelle 4,122]

Mmm Im not sure exactly what you are asking (?) If you are asking for successful waivers- thats not something you can publicly access. I mean you may be able to search on VJ and find a post or two from someone who posted 'we beat the AWA or got a waiver' but the USCIS does not disclose anywhere names or case #s or statistics about how many waivers are granted.

As for finding specific cases that made it through appeals and the resulting changes in policies- thats a lot of google leg work and I dont know how effective that will be in preparing your evidence- because like above- its really up to their discretion.

Try searching variations of keywords including AWA (spelled out) case law, waiver, appeal, BIA (spelled out), decision, look for lawyer style articles like the ones I linked because they reference decisions and then youd have to google the names and try to find a blog or article specifically about the incident.

The lawyer who represented them will ALWAYS write about a successful appeal because it makes them look good and brings in business. Successful appeals always end up on the net in one form or another and are speckled through out AWA articles and blogs. But it takes a lot of searching and patience.

Heres something but its not going to be very helpful in preparing evidence but it is interesting-

This case got denied and the lawyer was attempting to argue something similar you had voiced concern about- they argued to the Board that USCIS improperly imposed the "Beyond a Reasonable Doubt Standard" in determining whether the petition poses a risk to the intended beneficiary. They argued the standard had no underlying basis as Congress never intended to require this criminal law threshold.

The lawyer goes on to say

"In the decision, the Board specifically asked USCIS to explain 8 items in how they reached their conclusion to deny our client's I-130 visa petition. It is my belief that this is a milestone in adjudication of these petitions because the entire process has not be thoroughly thought through and the Board is asking USCIS to do so."

He attached a copy of the decision/paper.

The comments then say from other posters that no other AWA petitions have been adjudicated since that decision/paper because they are waiting to see the response decision on it. However I do not know how true that is.

You should note the dates on the appeal. The 130 was filed Apr 2008. The AWA denial from the field director was done on July 2010. (so they waited 2 years for a decision) In May 2012 they were still submitting their appeals to the board- if you read the note on the bottom that says we consolidated the appeals adjudicated everything down into this- and we the BIA- dont know how to rule yet until we get some clarification from USCIS on these 8 points- so we'll get back to you. As of today 4/13 I dont see anything else posted from that lawyer about that- so I just dont know what happened to it.. perhaps print it out and inquire with your lawyer? Because as I said 2 other anon posters seemed to think its causing all AWA waivers to be frozen while its pending..

Lawyer blog

http://nodeportation.blogspot.com/2012/06/board-of-immigration-appeals-remanded.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+No_Deportation+%28No+Deportation%29

This is how to have the doc in a bigger view if you cant click it on the blog site-

http://www.docstoc.com/docs/121847624/Board-of-Immigration-Appeals-Decision-in-Walsh-Act-Case

[AussieNemesis 16]

Yep that's pretty much what I meant.

Cases where people have gone beyond USCIS and into a court of law and won.

If there is a precedent in a case where the situation is similar to mine then I can show it to my lawyer and get them to determine if it is grounds to argue for a waiver on the basis that there is a legal precedent for such a waiver in similar circumstances.

The more cases I can find I think the better my chances of beating this. And I would hope that the more information there is the better other people's chances too if they find themselves in this unfortunate situation.

Perhaps compiling a reference page for people facing this is a possibility in the future .. who knows.

[Villanelle 4,122]

Well you seem to have the capabilities and determination to put together a list of cases where the AWA was beat in the BIA, and Im sure it will help you.

You know you can start another thread- dedicate it solely to the postings of cases of successful AWA appeals in the BIA. There are plenty of AWA petitioners floating and lurking on VJ that may chime in and contribute. If the thread ends up being your own personal list- well- shrug- its kind of like paying it forward. Your research is helping someone else in the future at least.

I know there definitely is a place for it here on VJ. (I dont know exactly where or if a mod would pin it somewhere- but they might, as it would be a valuable resource to many)

[AussieNemesis 16]

Just a note to say I intend to follow up on this and look for information and Legal Precedents in a few weeks.

My mother has come to visit from Australia for a month so we're busy showing her places and stuff.

If anyone has information to share please message me here or email me if you wish to.

thanks.

[A and T 82]

Life might be much better if you can petition to live in Australia, they might be more reasonable than the states when it comes to this!!

[eagerly 2]

It seems that they have no intention of changing Sec. 204 of the INA that relates to AWA petitioners. Go to www.aila.org and do a search on topic "Sponsors' Amendment to S.744". It is a pdf file, and pages 123 to 126 (line 1), with page 126 giving the government "unreviewable discretion". Thus, if this remains the Board of Immigration Appeals may just put aside or trash whatever amicus curiae they have at hand on why AWA denials should be reviewed by them.

[Lymitte 0]

I was in same situation with you last year but lost oppotunity, I left the U.S. I suggest you take action follow what capri telling here. I wish I had ever known and come here.
capri is very experienced in AWA , are you an attroney? I am looking for an experied lawyer in helping for the waiver and my husband's I-130 approved.

[A and T 82]

What country did you move to? and did they give you any problems?

[AussieNemesis 16]

Life might be much better if you can petition to live in Australia, they might be more reasonable than the states when it comes to this!!

I doubt it ... Australia has no desire to import people with criminal records ... which is strange since we started as a place to dump convicts from England LOL...

[Lymitte 0]

What country did you move to? and did they give you any problems?

Sorry for the confusion... My wife posted the comment and I will clarify. After going through the immigration process my petition was denied because of AWA. At that time we knew nothing about the kind of evidence needed to be presented, so only the minimum was sent to my former lawyer as directed in the NOID. After the denial came we where given no advice from the lawyer except for my wife to leave the country in thirty days. We want so much to know what we can do to try again in the proper way so we can be together again. My wife has gone back to her home country...I am here in the US.

[evli1966 88]

It seems that they have no intention of changing Sec. 204 of the INA that relates to AWA petitioners. Go to www.aila.org and do a search on topic "Sponsors' Amendment to S.744". It is a pdf file, and pages 123 to 126 (line 1), with page 126 giving the government "unreviewable discretion". Thus, if this remains the Board of Immigration Appeals may just put aside or trash whatever amicus curiae they have at hand on why AWA denials should be reviewed by them.

I belive that would be a stretch at this point and bring cuase AILA to appeal such actions by USCIS.

I just read this (if I read the correct document) and there is no mention of the AWA that I read nor that someone petitioning for or appealing a decusion for that petition.

The OP is in a great position at this point to work with in the system and still not have to leave; a good attorney could make this an easier case.

The OP mustr be ready to do lots of leg work forcing the success of the case by obtaining all documents required.

[AussieNemesis 16]

right now I still have no information on what is happening with my AOS application

they did biometrics on my husband the USC in April, to presumably make sure he was the person who is in their records as an offender.

We have not heard a single thing since. I don't want to poke the bear yet but I'd like to know something ....

Meanwhile our health is not good and this is just an added stress ..

[eagerly 2]

Sorry to break this news and link...we ourselves are devastated...

Remember the Haverly Case Amicus Curiae...well here is the decision from the BIA http://www.justice.gov/eoir/vll/intdec/vol26/3800.pdf

Those whose conviction is before the AWA...here is the decision ...http://www.justice.gov/eoir/vll/intdec/vol26/3802.pdf