Withdraw AOS because Adam Walsh Act

[MRS G 0]

I am sorry if I am in the wrong forum ... but I am desperate and need help!!

My husband and I filed for my Adjustment of Status in October 2013 and everything was going well until we found out about the ADAM WALSH ACT. My husband is a sex offender and we had no knowledge about this law that does not allow him to petition any AOS for relatives. Now that my case is already with the USCIS and his biometrics appointment were requested, does anybody knows if I can have a problem if I withdraw my AOS? I am really BUT REALLY scared about facing deportation if they deny our I 130 right after his biometrics. The USCIS had previously scheduled an interview at the beginning of February but few days before it was cancelled and 2 weeks later, we received the biometrics appointment for my husband.

I spoke to an immigration attorney and she scared the hell out of me ... I am honestly feeling that the ICE / USCIS can knock on my door at any time .... now the attorney is demanding a lot of money (money that I don't have) to TRY to help me to appeal and not face deportation ... I don't know if that's right and/or true, but I am SCARED .. I've been in the country for few years, I was aware of the charges my husband had but I never thought it could be that serious for immigration.

I really really appreciate if someone can help me with this. Please share your story and experience ..... Some people already sent me messages about their experience and it was great ... I really appreciated ....

[Avery Cates 1,141]

I am sorry if I am in the wrong forum ... but I am desperate and need help!!

My husband and I filed for my Adjustment of Status in October 2013 and everything was going well until we found out about the ADAM WALSH ACT. My husband is a sex offender and we had no knowledge about this law that does not allow him to petition any AOS for relatives. Now that my case is already with the USCIS and his biometrics appointment were requested, does anybody knows if I can have a problem if I withdraw my AOS? I am really BUT REALLY scared about facing deportation if they deny our I 130 right after his biometrics. The USCIS had previously scheduled an interview at the beginning of February but few days before it was cancelled and 2 weeks later, we received the biometrics appointment for my husband.

I spoke to an immigration attorney and she scared the hell out of me ... I am honestly feeling that the ICE / USCIS can knock on my door at any time .... now the attorney is demanding a lot of money (money that I don't have) to TRY to help me to appeal and not face deportation ... I don't know if that's right and/or true, but I am SCARED .. I've been in the country for few years, I was aware of the charges my husband had but I never thought it could be that serious for immigration.

I really really appreciate if someone can help me with this. Please share your story and experience ..... Some people already sent me messages about their experience and it was great ... I really appreciated ....

Here's some information I found about it during my very brief search:

"Recently, under the Adam Walsh Child Protection Act, United States immigration law has taken a hard-line against US citizens and Lawful Permanent Residents ("LPRs") convicted of various specified offenses against minors. Under the Adam Walsh Act a person convicted of certain offenses against a minor are prohibited from petitioning to bring any non-citizen family member or spouse to the US. Such individuals are not only prohibited from petitioning for a minor child but they are also prohibited from petitioning for any adult beneficiary, such as a spouse, fiancé, parent, unmarried son or daughter over 21, an orphan, a married son or daughter, a brother or sister, and/or any derivative beneficiary. The following is a non-exhaustive list of offenses against a minor that could trigger a visa petition to be denied based upon the Adam Walsh Act: kidnapping or false imprisonment (unless committed by a parent), sexual solicitation, solicitation to engage in acts of prostitution, offenses involving child pornography, certain instances of statutory rape, or anything else that is determined to be an offense involving sexual conduct against a minor.

Thus, a 50 year old man who engaged in an improper relationship with a minor 25 years ago can now be stopped from entering a completely lawful and healthy relationship with a 55 year old foreign woman. At the same time under the Adam Walsh Act a 19 year old individual who was convicted under statutory rape laws in his state for engaging in consensual intercourse with his 17 year old girlfriend of 5 years can be barred from bringing a foreign spouse to the US in the future. These bars are in place despite the US citizen having served their time, not committed any other criminal acts and/or having provided evidence of rehabilitation

Effectively the Adam Walsh Act prohibits US citizens and LPR's convicted of various crimes against a minor from filing for any family member without first obtaining a waiver from the Department of Homeland Security ("DHS"). Moreover, Adam Walsh Waivers are extremely difficult to obtain. The decision to waive such a conviction is left to DHS, who has "sole unreviewable discretion" to grant or deny an Adam Walsh Act Waiver. "Sole unreviewable discretion" means DHS has ultimate power in these decisions, there is not an appeal process, and there is not a complaint or review process. Such a decision is left completely up to the person reviewing the request and they can deny any application for any reason. In fact they do not even need to provide a reason.

In order to qualify for an Adam Walsh Act waiver the petitioner must show they pose no risk to the beneficiary. Any applicant applying for such a waiver should plan on submitting some or all of the following:

1. Their own sworn affidavit,
2. A sworn affidavit of the potential beneficiary,
3. Sworn affidavits of close friends and/or prominent members of the community,
4. The police and court records describing the crime/s,
5. Newspaper articles describing the crime/s,
6. A full psychological evaluation,
7. Evidence of rehabilitation, and
8. Any other evidence which shows pose no risk to the beneficiary.

As one may guess, decisions that are left to the "sole, unreviewable discretion" of the immigration officer are often not given a fair analysis. First the officer reviewing such an application's decision will not be questioned and they will not be reprimanded in any way. Second, there is a great deal of misinformation and prejudice surrounding people convicted of these types of crimes. DHS officers have no problem accepting the non-refundable filing fees from a petitioner and turning around and denying their application. Moreover, once an application is denied it makes it all that more difficult to submit it again and get it approved.

Because of the difficulty in getting such waivers approved it is highly recommended a person applying for an Adam Walsh Act Waiver retain competent and experienced counsel to assemble a formal request. . Thus, if you require an Adam Walsh Act Waiver, it is highly recommended you retain competent counsel immediately."

[Hypnos 6,578]

An AWA-related case is really one you don't want to be doing without competent legal assistance.

[Uhoh 10]

I'm almost in the same situation. My husband is facing charges but not convicted yet, of an Adam Walsh offense. We are hoping to get the AOS petition in before any conviction. That way the bar doesn't apply. The uscis can revoke an already approved petition though so we are also compiling all the evidence we can in case we need to do a waiver down the road. Our lawyer said it's likely we will face issues at ROC but as there's no conviction yet we should get going on the AOS ASAP.

[slowlyman 118]

Find a good attorney, but not one who "scared the hell out of me". Call around have a quick phone convo. Pick one who can work with you financially and one you feel comfortable with.

[NikLR 13,232]

To answer the OP's question. Yes you can withdraw your AOS, but you would be required to leave the USA because you cannot be petitioned by someone who is a registered sex offender. You can try to find a lawyer but if they're scaring you, it's likely because they're telling you the truth about your situation. Chances of you ever living in the USA legally are extraordinarily slim.

[Uhoh 10]

Slim but not impossible. We got advice from a lawyer has won a few cases now and as long as no child beneficiaries are involved then there's anout a 50/50 chance of approval if you submit all the right documents. 50/50 is better than nothing and it's worth the risk if you can stand the stress (financial and emotional). The lawyer we have chosen to go with is more local to us and specializes in all kinds of waivers. We are hoping for the best but planning for the worst. At least there's no conviction yet. And may not be if we successfully challenge a few things.

[Hypnos 6,578]

With a conviction, you need to show that the petitioner poses no threat to the potential immigrant (I'm sure you know this already). This is usually done with police reports, psychiatrist's reports, and so on. You certainly need a good lawyer.

[Uhoh 10]

Our lawyer said an extremely important part of the waiver packet is a full psych evaluation by a state recognized specialist, to emphasize there is not a psych issue that puts you the beneficiary at risk. Also evidence the petitioner cooperated fully with the police and the court and fulfilled all their requests with no aggression or anger related issues. There's many aspects to proving "no risk". Longevity of the relationship is another thing. If like us you've lived together several years with no domestic violence or substance/alcohol abuse then that will help too. I'm happy to pm with you about this as it's quite stressful facing alone!

[kzielu 1,153]

I think OPs intent is to withdraw and stay (or continue staying ) illegally. Would say it's getting close to be shadings against this site's TOS...

[Boiler 46,178]

What is your current status, how did you enter the US.

[Ryan H 3,834]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[AnotherLostSoul 167]

I think you guys scared the hell out of the OP...LOL

[BINIBULE 0]

On 3/2/2014 at 0:19 PM, Uhoh said:

Slim but not impossible. We got advice from a lawyer has won a few cases now and as long as no child beneficiaries are involved then there's anout a 50/50 chance of approval if you submit all the right documents. 50/50 is better than nothing and it's worth the risk if you can stand the stress (financial and emotional). The lawyer we have chosen to go with is more local to us and specializes in all kinds of waivers. We are hoping for the best but planning for the worst. At least there's no conviction yet. And may not be if we successfully challenge a few things.

Hi, may i know the lawyer information please? same problem here, my adjustment of status is pending and i know the risk but worth to try. thank you