I-130 and potential AWA Experience

[kitsonk 1]

I just wanted to share my experience with everyone in case it helps anyone else.

In 2003 I was arrested for a charge that would fall under the AWA, but during the process, because of my cooperation and seriousness of the crime, I was finally convicted of a misdemeanor that was a non-registrable offence and received and completed successfully two years probation. After completing my probation I immigrated to the UK (also declaring my criminal background in the process).

I then petitioned for my husband who is a UKC. We applied via an I-130 mid-December 2014. We were notified that in February 2015 that both of us needed to report to the US Embassy in London to have our fingerprints taken, because both might have a background which would exclude us from applying. (Basically, my partner, not yet husband was denied entry to the US twice, we knew the second entry was reported to the FBI as an arrest and he was not detained, though it was not explained as such at the time, but we know it comes up whenever his record is checked). At this point we retained legal assistance.

I then received a letter in June of 2014 explaining that my petition was being considered for denial due to my criminal background and the AWA. I was to supply all relevant information in regards to my crime. We supplied the US Consulate with all information we had (we had abandoned an attempt to move to Canada two years prior, and my background needed to be investigated during that process, so we were lucky that our Canadian immigration attorney had us collect loads of information). The referred my petition to Rome.

Personally, I suspect it is a grey area, because the charge was clearly AWA, but the conviction was for a non-AWA crime. Also at the time of the crime, all the necessary framework was in place for me to have been convicted of something that required registration as a sexual offender, but because of many mitigating factors in my case, the District Attorney and the Judge in my case agreed to allow me to plead guilty to a much lesser crime.

In January of 2016 we were finally notified that my I-130 was approved and we are now continuing the rest of the process of applying for the IR-1.

Even though our legal assistance was very experienced with the inner workings of the USCIS in the UK, it was still a challenge for him to get any sense of status or update. Also, there is little you can do as an individual but wait and they don't of course explain why or why not they made the decision they made.

In retrospect I would have sought legal advice prior to starting the process, I had had a previous referral for a US attorney, but she wasn't even aware of DCFs and didn't seem overly experienced with Adam Walsh Act cases, so we abandoned her and then continued on our own steam, until we got notified that Adam Walsh might apply. Second time lucky, because our advisor clearly knew the system and our particular Embassy, which seems to be far more important.

[Katherine93 30]

Thanks for sharing. My husband was arrested for an AWA crime that they wrongfully charged him with. His offense wasn't even remotely as serious as what they charged him with. They eventually amended the charges to a non-sexual misdemeanor (doesn't require register either) and he received 2 years of probation. I have been worried since I applied for AOS in Nov 2015. We are yet to receive an RFE and I'm hoping that we won't! Your story makes me feel better!