Felony

[geowrian 22,337]

Ugh AWA offenses are almost a guaranteed denial of any I-129F or I-130 for a fiancee/spouse. I think the approval rate for the waiver is close to 1%, and the waiver itself may take years. I think you really need to seek out an experienced immigration attorney here to 1) confirm if it is an AWA offense, and 2) figure out the next steps (waiver or possibly living outside the US with your fiancee or ?).

7 minutes ago, Ryanj said:

Sorry it was attempted sexual assault 

Okay, that's a bit of a relief. You may be alright. I still suggest checking in with an attorney to confirm, though. Or you can just file and wait for an answer from USCIS, but you may have to fight them on what qualifies or not. I'm not certain myself, sorry.

[Ryanj 0]

Thank you for the help

[geowrian 22,337]

2 minutes ago, Ryanj said:

Thank you for the help

Best wishes!

[Going through 5,669]

Yeah, that's why I'd asked in my first post if the sex assault involved a minor---was thinking of the AWA too. 

 

The AWA bars a person petitioning for a foreigner who has committed child-sex crimes.  The OP is a USC, so I do not believe (as far as I understand the Adam Walsh Act) that it would affect him as the petitioner in terms of being barred from applying for a foreign fiance...since the fiance is not the one who committed the crime.  

 

If your fiance has children of her own, then yes the AWA would affect you as the petitioner since your crime involved a minor.

 

[geowrian 22,337]

11 minutes ago, Going through said:

Yeah, that's why I'd asked in my first post if the sex assault involved a minor---was thinking of the AWA too. 

 

The AWA bars a person petitioning for a foreigner who has committed child-sex crimes.  The OP is a USC, so I do not believe (as far as I understand the Adam Walsh Act) that it would affect him as the petitioner in terms of being barred from applying for a foreign fiance...since the fiance is not the one who committed the crime. 

Good catch.

 

Actually, I believe it bars the petitioner as well. There's several threads in the past month about AWA and it applied to the petitioner. Specifically from the USCIS memo I linked earlier:

"Section 402 of the Adam Walsh Act amends section 204 of the Immigration and Nationality Act (INA) to prohibit U.S. citizens and lawful permanent resident aliens who have been convicted of any “specified offense against a minor” from filing a family-based immigrant petition (including the Form I-130 and the Petition to Classify Orphan, Form I-600A or I-600) on behalf of any beneficiary"

...

"Section 402 of the Adam Walsh Act also amends section 101(a)(15) of the INA to remove spouses or fiancés of U.S. citizens convicted of these offenses from eligibility for “K” nonimmigrant status (Form I-129F)."

Edited August 31, 2017 by geowrian

[Going through 5,669]

2 minutes ago, geowrian said:

Good catch.

 

Actually, I believe it bars the petitioner as well. There's several threads in the past month about AWA and it applied to the petitioner. Specifically from the USCIS memo I linked earlier:

"Section 402 of the Adam Walsh Act amends section 204 of the Immigration and Nationality Act (INA) to prohibit U.S. citizens and lawful permanent resident aliens who have been convicted of any “specified offense against a minor” from filing a family-based immigrant petition (including the Form I-130 and the Petition to Classify Orphan, Form I-600A or I-600) on behalf of any beneficiary"

...

"Section 402 of the Adam Walsh Act also amends section 101(a)(15) of the INA to remove spouses or fiancés of U.S. citizens convicted of these offenses from eligibility for “K” nonimmigrant status (Form I-129F)."

That's good in that USCIS is taking steps to protect both the USC and the foreigner now in a greater way.  Looks like the OP is going to have to apply for a waiver...

[WandY 430]

What level was the felony conviction/sentencing (A,B, etc.)? It doesn't matter how you were caught; what matters is that you were convicted. The level and degree of the felony may help you. Also, if this is from Wisconsin, are you sure they have "attempted sexual assault" involving children? With child victims, consent is not an issue and charges are usually not in the "attempted" category. I'm not sure how a sting operation - as you defined your circumstances - fits with this type of crime. I've seen cases involving internet stings, where the adult is lured to a sexual rendezvous with a minor - but it turns out to be a sheriff's deputy, etc. posing as a kid. If that's what happened to you, I have some empathy based on Constitutional grounds. I teach a law class that uses the Conradt v. NBC Universal (To Catch A Predator) case to discuss invasion of privacy, entrapment, etc. Referring to a post above, I don't think hiring an attorney will do anything for you. Plead your case, calmly explain yourself, and hope that someone will listen. Good luck!

[geowrian 22,337]

I believe whether or not the OP's circumstances falls under the AWA or not is a legal argument based on the specific charges and the statutes as written, not a discretionary one where pleas are considered. If the charges are deemed to fall under the AWA, then no amount of pleading will change the result. The idea behind discussing it with an attorney first is to help make that determination, and/or to prepare a case that the circumstances don't actually fall under the AWA even if USCIS finds otherwise (or to try for a waiver, if desired). But that's just my $0.02 here.

[Going through 5,669]

5 minutes ago, geowrian said:

If the charges are deemed to fall under the AWA, then no amount of pleading will change the result.

This.  

The OP will most likely need to apply for a waiver, and submit documentation surrounding the court records/disposition/time served/probation (with or without the waiver).

 

Pleading his case isn't going to help at this point.  I assume any pleading he would have done, would have already happened in court.

 

I would suggest the assistance of an attorney as well.  (I normally never suggest using an attorney)

 

 

[Meg&Andrew 297]

 

Here is a could of threads about this situation.  The first will give you a really good idea how hard AWA is to overcome.  He did it, but it took a lot. It's very rare to overcome, although not impossible. Unless laws have changed since then. 

[BenjaminKeating 114]

I think the most solid piece of advice given would be to consult with a very experienced law attorney. 

 

Many offer free consultations too. 

[kris&me 572]

Have u traveled yet to meet her?  i ask as the law signed by Obama in 2016 says the passport must be stamped as sex offender and this was upheld by in court when challened by sex offenders

so, you may not be allowed in her country

http://www.sfgate.com/nation/article/Judge-rules-against-sex-offenders-in-challenge-to-9289279.php

 

[florida racer 73 200]

I am not going to offer any advise other than to seek the advise of an attorney, you have a complicated case and you need professional help.

 

Good luck to you

 

[caliliving 606]

i think this falls under the AWA! 

also, does your soon to be fiance know this about you? just wondering, as this could dramatically change the relationship. red flag:/ (or maybe not, depending on how bad she wants a greencard).

 

 

[Deputy Purple 1,294]

7 hours ago, caliliving said:

i think this falls under the AWA! 

also, does your soon to be fiance know this about you? just wondering, as this could dramatically change the relationship. red flag:/ (or maybe not, depending on how bad she wants a greencard).

 

 

I have to say that you are jumping to a rather harsh conclusion there.

 

Some people are less judgemental and more understanding. Nobody here knows the circumstances around the OP's conviction. It can range anywhere from him being an outright child predator who spent months stalking & grooming a potential victim to a depressed guy who found himself in a situation that would normally be even near his intentions.

 

I've worked with RSOs who fall everywhere on that chart and no two are the same.