Felony

[Villanelle 4,122]

23 hours ago, Ryanj said:

What I was charged with was a 2nd degree sexual assault  of a minor under age of 18 and when I was arrested there was no victim it was a sting operation. The thing that sucks about it when I was put on registry the court documents said ten years. Then law was changed and got life time registry.

This is an AWA offense. You will be able to petition BUT the chances that you are approved are very very low. I dont know why this thread has gone on for so many pages. Probably because many of the posters are not familiar with AWA crimes and its impact on immigration. Search the forums for AWA posts. You will read what I am talking about. They are rarely approved. They also cost anywhere from 10-30K in attny fees. 

 

So you can file and spend a lot of money and hope you are one of the few that get approved, or you can move to be with your love- either in her country or a 3rd country that will accept you with a RSO status (very hard to find places).  or maintain a long distance relationship or end the relationship since there is no way to be together.

[Villanelle 4,122]

5 hours ago, Deputy Purple said:

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.

What is the harsh conclusion here? The charge is an AWA charge. Theres no reason to sugarcoat it. It has nothing to do with being judgmental or more understanding of what happened or why. The law doesnt care why! If you have a qualifying charge then its under the AWA act. If or when he files a waiver due to the act- then yes explaining what happened and showing various proof can help him be one of the lucky few that are approved. But whether it qualifies for the ACT is an issue based on facts not judgement. 

[Ryanj 0]

Sorry I worded the charge wrong. It is a 2nd degree attempted sexual assault of a minor under age of 18 which is a class H felony. Not sure if that helps.

[Going through 5,669]

2 hours ago, Ryanj said:

Sorry I worded the charge wrong. It is a 2nd degree attempted sexual assault of a minor under age of 18 which is a class H felony. Not sure if that helps.

It still falls under the AWA.

[Deputy Purple 1,294]

7 hours ago, Damara said:

What is the harsh conclusion here? The charge is an AWA charge. Theres no reason to sugarcoat it. It has nothing to do with being judgmental or more understanding of what happened or why. The law doesnt care why! If you have a qualifying charge then its under the AWA act. If or when he files a waiver due to the act- then yes explaining what happened and showing various proof can help him be one of the lucky few that are approved. But whether it qualifies for the ACT is an issue based on facts not judgement. 

First harsh conclusion jumped to is that the OP didn't disclose his past to his significant other.

 

Second hard conclusion is that the beneficiary is more concerned about getting a green card than the character of their potential spouse.

 

 

[Boiler 45,322]

1 hour ago, Deputy Purple said:

First harsh conclusion jumped to is that the OP didn't disclose his past to his significant other.

 

Second hard conclusion is that the beneficiary is more concerned about getting a green card than the character of their potential spouse.

 

 

Both are conclusions by you.

[Deputy Purple 1,294]

7 minutes ago, Boiler said:

Both are conclusions by you.

 

Actually, my personal experiences working within the community (of convicted/registered sex offenders) brings me to opposite conclusions.

 

It has been my experience that most of them understand the danger of secrecy and are very upfront with those in their lives.

 

I have also seen many examples of them finding caring and understanding partners after their recovery who are able to deal with their past and accept them.

[caliliving 606]

9 hours ago, Damara said:

What is the harsh conclusion here? The charge is an AWA charge. Theres no reason to sugarcoat it. It has nothing to do with being judgmental or more understanding of what happened or why. The law doesnt care why! If you have a qualifying charge then its under the AWA act. If or when he files a waiver due to the act- then yes explaining what happened and showing various proof can help him be one of the lucky few that are approved. But whether it qualifies for the ACT is an issue based on facts not judgement. 

thank you. exactly! and people dont want to judge. but it sounds like the significant other has no idea about these charges and the effect it will play on the relationship. 

[Villanelle 4,122]

14 hours ago, Deputy Purple said:

 

Actually, my personal experiences working within the community (of convicted/registered sex offenders) brings me to opposite conclusions.

 

It has been my experience that most of them understand the danger of secrecy and are very upfront with those in their lives.

 

I have also seen many examples of them finding caring and understanding partners after their recovery who are able to deal with their past and accept them.

It sounds like you are doing good work and are fulfilled by it- so good for you.

Have you not heard of the AWA before? I would think it might have come up in that line of work. If not basically its the Adam Walsh Act and requires those convicted of sex offenses/prostitution to file a waiver to petition for an immigrant spouse or fiance. The waivers are rarely approved so while there is a path theres not really a path. 

[Deputy Purple 1,294]

On 9/2/2017 at 1:49 PM, Damara said:

It sounds like you are doing good work and are fulfilled by it- so good for you.

Have you not heard of the AWA before? I would think it might have come up in that line of work. If not basically its the Adam Walsh Act and requires those convicted of sex offenses/prostitution to file a waiver to petition for an immigrant spouse or fiance. The waivers are rarely approved so while there is a path theres not really a path. 

 

I know the AWA. I actually know someone who was convicted of an AWA charge as a minor but charged as an adult. His conviction was sealed by the original judge after he completed incarceration, probation and therapy at 21 years old. He even had to spend 6 months on the registry after those laws were passed in the 90's. Many years later he was able to immigrate his wife and her 2 minor children using CR-1/2 Visas and AWA had no impact on their process.

 

Honestly, we believe is all comes down to the background check. In his case the conviction never showed because it was sealed. He also chose the CR Visa because there is less scrutiny at the embassy interview stage. If the I-130 gets approved then the embassy doesn't even question criminal background.