AWA Petition on school/tourist visa

[Springtx86 1]

8 hours ago, evli1966 said:

I am willing to answer specific question if I am able to do so.

 

If I have previously relayed our story.

 

Just say my past is not good and yes the AWA applied.

While I am not wealthy my work has allowed us to fight the failed AWA law.

(That's another topic to be discussed on appropriate forums)

 

FYI

We filed using a fiance visa so she lived in the Philippines for those 8 years and I maitlntsined a home there and here during that time.

 

I have heard it is easier filing for a married visa. Also, that if someone his currently here legally they can file for changr in status anf remain in the states during the adjudication process. Once a visa is approved a I131 travel document can be given while awaiting a green card. This would allow her to travel home and return.

Evli,

 

I am interested in what you know about her being able to stay in the country during the adjudication process. Is that only until you get the first denial and through all appeals etc...or just up until the denial? How do you know that? I am concerned that filing will trigger a removal order or visa cancellation. In addition if we get denied and stop trying will she be banned from the US because of my attempt or will she still be able to resume her school/tourist visa? Of the cases I've seen approved it was in part because the applicant was somehow removed from the SO registry. Were you still required to register when you filed and what level were you? We are both depressed at the thought we can never be together because she can't move here and I cannot move anywhere in the world. This AWA is counter productive to say the least. I understand the goal behind it but it is poorly executed. All is does is punish hundred of thousands of innocent family members and children for POTENTIAL crimes that may or may not be committed. In addition this act makes it impossible for the offender to get their life back on track which is going to keep them depressed which will ultimately cause many to re offend with a US CITIZEN.

Edited July 26, 2017 by Springtx86

[f f 725]

the act is in place to protect potential immigrants from being stuck in a foreign country at the mercy of a potential predator. it errors heavily on the side of caution for the immigrant. I don't mean to be mean but you did get yourself into this situation and unfortunately immigration is done according to written laws that does not have a gray area immigrants are either approved or denied there is no middle ground.

[Springtx86 1]

5 minutes ago, f f said:

the act is in place to protect potential immigrants from being stuck in a foreign country at the mercy of a potential predator. it errors heavily on the side of caution for the immigrant. I don't mean to be mean but you did get yourself into this situation and unfortunately immigration is done according to written laws that does not have a gray area immigrants are either approved or denied there is no middle ground.

you're absolutely right. I got MYSELF into this situation. So why should my girlfriend, my potential wife have to face being denied residence when she is innocent? This isn't a mail order marriage. There should be some written exceptions, rules, waivers... The current and only way is impossible. I understand the purpose of the law. I'm saying there is a better way of fulfilling it's purpose other than simply denying everyone. Too many innocent people suffer this way. 

Edited July 26, 2017 by Springtx86

[evli1966 88]

I will politely disagree with FF in that the immigration policies of the AWA were added later and poorly at that. The stated intention of the law was a political move by fear mongering politicians. As stated previously this is not forum for that discussion.

The law is in place and must be worked through which can be achievable unless you are deemed a threat as a predator. (Most people do not realize there are tier 2 offenders that are not considered  predators) 

If you are not a predator registering every 90 days then there is hope albeit expensive.

 

My state did not retroactively enact the law nor did it adopt the law until I finished registering.

 

Regarding remaining in the states during adjudication it is typically during the entire process but you should really work with an attorney for clarification.

 

Just like the I131 travel document that allows international traveling while waiting for a green card it clearly states there is no guarantee reentry to the USA; it is at the discretion of the customs upon requesting reentry however it does prevent USCIS from declaring you abandoned the petition.

 

 

[geowrian 22,337]

13 minutes ago, Springtx86 said:

So why should my girlfriend, my potential wife have to face being denied residence when she is innocent? This isn't a mail order marriage. There should be some written exceptions, rules, waivers... The current and only way is impossible.

She is innocent, but you're still the sponsor & the reason for her seeking residence. It's not a punishment...it's considered a risk factor and for her protection. No judgement...just explaining the rational behind the law.

There is a waiver, as has been noted. It's not easy, but it's there.

[f f 725]

it would be great if they had written more compassion into these laws but these laws are written by politicians and they will lose votes if they go easy on registered sex offenders.

 

side note it is not that your girlfriend is being denied residence they are denying your ability to petition for someone else to live here since immigration is a privilege not a right.

[Villanelle 4,122]

Im sorry to hear about your situation. I want to clarify a few things so you dont get false hopes based on evli's success story. 

 

Ive posted this before 

"For years after its enactment, the USCIS has either outright denied or intentionally stalled thousands of family petitions that it determined to fall within its own AWA policy. By 2011, after several years of long delays, the USCIS denied virtually all AWA applications held at the agency for review since 2008.

The agency reports that it receives 400-600 AWA application per year and boosts that it has denied 99% of all AWA family petitions received:
In July 2013, USCIS reported receiving about 400 AWA cases in 2012, approving just two cases.
In May of 2014, the agency reported that 601 cases were reviewed the prior year, with fewer than 10” approved. The agency reports it reviewed approximately 2,500 cases since 2008.
In July 2016 the agency reported reviewing approximately 340 cases the prior year, with approximately 1,300 cases pending review.  The agency declined to give statistics regarding approval rates."

(https://fightawa.org/adam-walsh-child-protection-and-safety-act-of-2006)

You can find more info on the site linked above and attempt to petition for legislative change, however it seems unlikely to occur. Which leaves you with the options outlined above (exhaust options until final denial or find alt place to live)

 

 

It is unlikely you will be approved. 

 

As for having "status" while the petition is being processed, its complicated. When you submit something for processing you (the immigrant) is placed in a period of "authorized stay". This basically means you have a status (auth stay) but you dont have a status. It means they wont take any negative action against you like deportation or removal while they work on your papers. With a situation like this youre going to go through a series of denials and appeals. It can take many years. Sometimes youll be in the auth stay status- sometimes you wont. For example when denied your auth stay is up since a decision was made. You then have to appeal and when you do you go back into auth stay while they look at your appeal. Its an extrememly complicated system of what days count against you and what days dont. You can pay big bucks to an attny to help you calculate it- however USCIS will calculate it on their end and pretty much what they say goes. 

 

The bottom line is IF she stays on the tourist or student visa and files with you under AWA she may end up denied for the spouse visa and have a ban (3 or 10 years). If you decide to go forward with this plan make sure she is aware of the risks. Esp if you guys end up having a child thats a USC. She may not be able to stay in the US permanently and thats an awful position for her to be in. Custody matters are different from immigration. Youd have to give permission for her to take the child back with her when she ultimately has to leave, or shed be forced to live as an illegal in the US with your child if you dont give her permission to take the child. 

 

Again Im sorry you are having to go through this. Perhaps due to the circumstances its just not meant to be for you and her. .

[evli1966 88]

Also to clarify 

 

The USCIS statement that it has intentionally stalled the adjudication has opened themselves up to arbitration before the supreme court most AWA lawyers see this as the reason USCIS declines transparency of statistics and going forward beyond 2014 more cases are being approved. I would argue and my attorney and many others that anyone not deemed a predator will have success with a petition if taken BIA or beyond. The reason being USCIS does not want a SCOTUS ruling that would nullify the actions taken by the department outside the scope of the law nor does the DOJ in fear of losing billions of tax payer money from the federal government.

 

I have not denied the facts of cost out of pocket was  $20k and I was prepared for at least 1 run through court system which could have cost $20k.

 

But it is strange practice of USCIS to deny deny deny until it the verge of going to court. Seems to me there sense of protection faulters..

Edited July 26, 2017 by evli1966

[Villanelle 4,122]

I dont know about more cases being approved. They wont disclose the numbers. However the same site I mentioned above also has a pdf listing of BIA cases. There was one successful appeal in 2015 and 2 in 2016. (and plenty of denied ones) If one was to read through them they would find similar to what you wrote about. That the successes were 'lower level', able to get off the registry, had tons of proof of not being a threat etc. https://fightawa.org/uscis-awa-decision-pdf-files

 

Just for reference the last appeal won in 2016 was originally filed in 2009.