K1 Visa with a possible AWA concern from an expunged juvenile record

[VJAlaRu 1]

Hello, I apologize in advance for my formatting errors and possible auto-corrects, I am currently on mobile and have been trying to wrap my brain around this issue.

 

 

When I was 14 ( 2008 ), I had an inter-family problem, which I'm not here to debate the case, because that doesn't matter- but the results show me as being charged with: Sexual Assault in the Second Degree. ( A.C.A. § 5-14-125(b)(2), Class D felony )   I was found guilty under circumstantial evidence. 

 

 

I was not put on the sex offender list. Or registered as a sex offender.

 

I completed probation, Psychiatric therapy, and the dismissal was approved in 2008.

 

The case was also expunged and sealed.

 

However, this was over 10 years ago now, and I have been scared and unsure of what to do.

 

The immigration attorneys in my area I have contacted have been useless in the assistance of understanding what is needed and can not assist me.

 

They did not know whether this is subject to AWA, and if it still needs to be disclosed if it has been dismissed.

 

I have been trying to get my fiance here to the US, as she is from Australia, and we were currently working on a K1 Visa for the past few months. ( No paperwork has been submitted yet. )

 

I would hope someone could assist me in this process, and I hope to know if there's anything I should be doing.

 

Thank You.

[Villanelle 4,122]

https://smart.gov/pdfs/practitioner_guide_awa.pdf

 

Does this help?

[Villanelle 4,122]

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/April/supp-guidance-adam-walsh-actpdf.pdf

 

This is how they decide if its AWA. Also a good read through.

[VJAlaRu 1]

4 minutes ago, Damara said:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/April/supp-guidance-adam-walsh-actpdf.pdf

 

This is how they decide if its AWA. Also a good read through.

So I've actually been reading over these as it still had me wondering about actually reporting the offences and if it would have to be the extraordinary circumstances waiver on the I-129f.  

 

 

You're also everywhere on this forum, thank you for your reply!

[Villanelle 4,122]

The waiver you are talking about is called the AWA waiver. (Adam Walsch Act). You can find tons of posts about it using the search on here. I showed you those links because that is the process you are going to go through.

Honestly, I dont know how the fact that you were a minor will play into the process. You have to disclose it on the forms since they ask for any crimes. Will it show up in their checks? I dont know. Will it be used against you- making you need a waiver? maybe. maybe not.

 

There was a recent posting of someone mentioning they know someone who got approved that was in your exact situation, perhaps you can contact them? 

But you should really contact an attny that specializes in the AWA (google) and ask about your exact situation. You may not be AWA. If you are then you are and maybe you can be one of the lucky few that get approved like the person mentioned above. 

[VJAlaRu 1]

So I wanted to give an update on the situation, as I've done multiple background checks and had nothing show up- so I had wondered if my record even existed.

 

So due to the even happening when I was 14, the event was dismissed, sealed and expunged- and I recently did a biometrics check with the FBI and received results showing that there was nothing on my record whatsoever.

 

However, one thing I also noticed, is none of my paperwork ( pertaining to the event that happened when I was 14 ) has a Social Security Number attached to it- and also on forms that specifically ask for one.. I don't have anything listed. I didn't end up getting a Social Security Number till AFTER the event happened and everything was sealed when I was 16.

 

Not sure if my information helps anyone at all- but I sure hope it does!

 

[Cheschirecat 176]

I'm not sure why you would have to report anything that's been expunged. Expunged means it no longer exists. The attorney you asked sounds lame...