Sex Offender Registry affect my AOS application?

[Jen144 0]

Hi,

I came from Australia to the US on the B2 tourist visa in October. I initially came to meet a few people I'd been working online with, and obviously got along with one of them rather well. I hope to stay here--or in my home country, as long as we're together--so we're currently engaged to get married in March.

I'm going through the process of getting all of the paperwork needed for the Adjustment of Status application, but I recently stumbled upon information that may muck this up. He's an RSO in Mississippi (convicted--no jail time--15 years ago, not on parole or probation, completed the needed programs etc years ago) and I saw that this will come up when USCIS looks at my application, and may cause them to deny it? He also has a current pending court case (on bail, no court date set yet).

I need to know if this is the case, what information I need to put together to prove he's not a threat, and if I send any court documents/therapy information/etc in with the original AOS application or only once they ask for it, etc. Basically, I'm a bit lost!

Please let me know my options, if you have any advice. Appreciated!

[canadian_wife 1,822]

Since his conviction 15 years ago has he attended any counseling to indicate that he is trying to rehabilitate? What is his most recent conviction?

good luck

[Jen144 0]

He completed the court mandated counselling after his conviction (about 2 years of it, I believe) but no more after the fact. The current conviction is due to his ex-fiancee falsely accusing him of molesting his daughter in order for her to get custody (we have evidence of it being false, we just need to wait for the court date to prove it), as she's hoping his past conviction will be evidence.

[Jawaree 717]

Honestly USCIS does not look at this lightly no matter how long, due

to studies. They will look at if you are at childbearing age, if U will

bring kids to the relationship & if U know every details about it, that

would show his honesty to U.

Letters from these program will be needed and some character references

along with extensive rehab proofs...I say search your soul and have that

talk with him so comes interview time U can handle it

Edited January 22, 2015 by Jawaree

[Hypnos 6,576]

This may cause problems under the Adam Walsh Act, which specifies that US citizens convicted of certain crimes (usually sexual offences against minors) are ineligible to petition relatives for visas.

You should consult with an immigration attorney experienced in AWA-related issues as soon as possible. You may have a problem.

A sure sign of a problem will be if your husband, the petitioner, receives a biometrics appointment to have his fingerprints taken. That means his name has come up as having a conviction related to the AWA, and they are looking at whether he is eligible to petition you or not.

Edited January 22, 2015 by Hypnos

[AussieNemesis 16]

Be prepared for a roller coaster ride.

You need to look for an attorney specialising in AWA cases to file your application as doing it alone with this type of problem would be unwise in my opinion.

After 2 years of trying to AOS as I am married to my US citizen husband we have just had our first denial, and are waiting to decide whether to appeal or refile another I130 with more evidence.

Even if you have no children and don't intend to have children together that is not enough to dismiss the provisions of the AWA.

As a guide you'll need character references for the USC stating people know of his conviction and have no problems with him being around their families, you'll need a current psych report stating he is no risk to you, no evidence of recidivism, you'll need transcripts of court documents from first conviction, parole and probation reports .. And probably even more stuff I've forgotten right now. I don't know how the current charges may impact your case.

If you investigate the australia angle and get info indicating its easier to get your husband to go there than for you to stay here, please send me a private message, as we're trying to decide here how long to pursue American residency for me, and whether Australian residency for him is a better option.

Good luck !

[CowBoE 429]

I don't know how well you know him.

You might want to spend a $100 to run a full background check on him

from an online and see what else may shows up for both your protection

and for USCIS filing.

Good luck.

[Jen144 0]

Thanks for all the replies so far!

Should I send in the AOS application and wait for their response/hope for the best, or include all evidence that he is not a threat to me with the application (ie anticipating their request for him to get his biometrics and giving them the evidence first)?

[NikLR 13,227]

If his previous conviction was against a minor, I wouldnt bother even trying to be honest. It would cost a great deal of money in both fees and lawyers. Also it's highly unlikely with that kind of conviction that he'd ever be allowed to move to Oz either.

If Australia is anything like Canada that is. Even a DUI keeps Americans from visiting Canada.

[Jen144 0]

NLR, I have looked into going to Aus and his conviction-though yes, against a minor--more than meets the requirements for a 'spent' conviction, so I believe we'd have enough to prove him to be of good character. Would this be an accurate assumption?

[JohnR! 5,495]

My opinion on this is that you should contact a lawyer an get legal advice, for the effect this may have on your AOS will depend on the severity of the offense, the ages of both at the time of the offense, etc.

It may be a costly endeavor but at this stage only a lawyer can give you information based on your specific situation.

Hi,

I came from Australia to the US on the B2 tourist visa in October. I initially came to meet a few people I'd been working online with, and obviously got along with one of them rather well. I hope to stay here--or in my home country, as long as we're together--so we're currently engaged to get married in March.

I'm going through the process of getting all of the paperwork needed for the Adjustment of Status application, but I recently stumbled upon information that may muck this up. He's an RSO in Mississippi (convicted--no jail time--15 years ago, not on parole or probation, completed the needed programs etc years ago) and I saw that this will come up when USCIS looks at my application, and may cause them to deny it? He also has a current pending court case (on bail, no court date set yet).

I need to know if this is the case, what information I need to put together to prove he's not a threat, and if I send any court documents/therapy information/etc in with the original AOS application or only once they ask for it, etc. Basically, I'm a bit lost!

Please let me know my options, if you have any advice. Appreciated!

[Jawaree 717]

AU yes maybe somewhat a choice, but they will

scutinized very closely, with them a crime yrs ago

they will give someone a break but violent crimes,

minors involved,or things that raises the eyebrow

they wont just forgive...dang they don't even let

certain snacks/foods on their shores they are very

strict about who or what comes in & I saw them tap

into the crime base for US and returned a USC who

was at the Sydney airport not disclosing his prior

record.

I also agree with QualityOneness...AWA is no easy

fight, neither should be taken lightly

[Jen144 0]

I've been looking into both options (Australia or the US) but I still have one question: When I send in my AOS application, do I proactively include all court records/affadavits/etc with the application or wait for the USCIS to receive a plain AOS application and ask me for more information once it comes up that he is flagged under the AWA?

[I AM NOT THAT GUY 5,715]

I've been looking into both options (Australia or the US) but I still have one question: When I send in my AOS application, do I proactively include all court records/affadavits/etc with the application or wait for the USCIS to receive a plain AOS application and ask me for more information once it comes up that he is flagged under the AWA?

Personally, I would only send what is specifically requested for the application you are filing. Wait for a response from them, and deal with the issues as they are presented to you. You could talk to an attorney, usually initial consultation is free, and I suspect he will tell you the same thing.

[Teddy B 17,252]

Personally, I would only send what is specifically requested for the application you are filing. Wait for a response from them, and deal with the issues as they are presented to you. You could talk to an attorney, usually initial consultation is free, and I suspect he will tell you the same thing.

I agree with this. It's usually not a good idea to volunteer more than what is asked for.