ADAM WALSH BIOMETRICS& APPROVAL TIMES

[drmarkp 0]

I am in the process on an I-130 Visa for my Filippina wife .. We married over there in February 2016' .. I DO have an old conviction that appears to fall under the category of Adam Walsh Law (unlawful sex with a minor) .. This was 30 years ago (1988') .. She was my girl friend at the time, the mom approved .. She was 15, I was a very young looking emotionally immature 30 year old .. Can anyone relate? .. Since then I have received a Certificate of rehabilitation (recommendation for pardon) and have been relieved of my requirement to register as a sex offender as per the department of justice 

 

 

This is not my first rodeo .. I brought my first wife over here from Russia right before the Adam Walsh law was enacted .. In those days I don't believe they did security checks at all (pre - 2006') .. I managed to bring her over when my case was still an open wound as I had not yet achieved the cert. of rehab., and was still required to register at the time .. She and I divorced due to incompatibility .. My ex wife signed a sworn legal affidavit on my behalf for my current immigration petition stating that during our marriage she never felt threatened by me and never experienced nor feared physical violence .. We have a nine year old son together

 

I finally had an appointment for biometrics in December 2017' .. I was told by a very helpful immigration officer that if I were going to be denied, they would have done it by now before proceeding this far .. I read somewhere that USCIS has the discretion to deny a petitioner without giving them a NOID or an RFE.. I am out of processing time of course and originally applied in July 2016'; it's been a year and a half already .. My case is being handled by the Vermont office .. I do have an attorney

 

I submitted a service request and here is my e-mail reply as of February 2018': 

The status of this service request is:

'The processing of your case has been delayed.  A check of our records establishes that your case is not yet ready for a decision, as the required security checks remain pending.

We cannot move forward on your case until the security checks have been completed.  These security checks must be completed on all applicants who apply for the immigration benefit you are seeking.  We will provide you with a decision on this case as soon as possible after the security checks are complete.  Please contact the National Customer Service Center at 1-800-375-5283 if you do not receive a decision or other notice of action from us within six months of this letter.

We hope this information is helpful and appreciate your continued patience.'

 

The e-mail says to wait 6 months.. I wonder if this is just a form letter and that 6 months is just a standard answer? .. Do any of the mods and experts here have any insight as to a timeline? Feel free to give opinions on my case

 

 

 

 

[Hypnos 6,576]

Six months is likely just boilerplate.

 

It will be very difficult to overcome an AWA-related denial. Many people choose to instead live in the beneficiary's country instead, or a third country, because it's so difficult to break through the AWA.

 

The USCIS officer was mistaken if they told you it would have been denied already... they can deny it at any point when the application is pending. Right now they're likely pulling everything they can on you from any relevant law enforcement database, particularly those detailing your conviction. I would expect a NOID to be issued sometime this year. At that point you will then (through your lawyer) need to submit absolutely everything you can that will demonstrate good moral behaviour, and indicating that you pose no threat to your wife. It is a difficult bar for many to reach, and the vast majority who attempt it are not successful.

[Cyberfx1024 7,980]

6 minutes ago, Hypnos said:

Six months is likely just boilerplate.

 

It will be very difficult to overcome an AWA-related denial. Many people choose to instead live in the beneficiary's country instead, or a third country, because it's so difficult to break through the AWA.

 

The USCIS officer was mistaken if they told you it would have been denied already... they can deny it at any point when the application is pending. Right now they're likely pulling everything they can on you from any relevant law enforcement database, particularly those detailing your conviction. I would expect a NOID to be issued sometime this year. At that point you will then (through your lawyer) need to submit absolutely everything you can that will demonstrate good moral behaviour, and indicating that you pose no threat to your wife. It is a difficult bar for many to reach, and the vast majority who attempt it are not successful.

As this person has said the minimum will more than likely be 6 months. We have seen cases on here involving the AWA that has taken years so don't be surprised if it does take 2-5 years until completion.  

[Illiria 980]

1 hour ago, drmarkp said:

 .. Can anyone relate?

 

No, seriously no. 

 

1 hour ago, drmarkp said:

She was my girl friend at the time, the mom approved .. She was 15, I was a very young looking emotionally immature 30 year old ..

 

 

Just because the mother gave her daughter to you doesn’t mitigate your actions. How you looked doesn’t mitigate your actions. A 15 cannot make the decision to have a boyfriend twice her age. Your wife needs to know every detail of your crime. You cannot minimize it in any way to her or to any immigration official you meet with. Those who have been denied are ones who cannot show that they are of zero threat, and ones who minimize or aren’t honest with the beneficiary. 

 

As above 6 months min, 2-3 years overall with the likely conclusion being denial.

Edited February 15, 2018 by Illiria

[drmarkp 0]

2 hours ago, Hypnos said:

Six months is likely just boilerplate.

 

It will be very difficult to overcome an AWA-related denial. Many people choose to instead live in the beneficiary's country instead, or a third country, because it's so difficult to break through the AWA.

 

The USCIS officer was mistaken if they told you it would have been denied already... they can deny it at any point when the application is pending. Right now they're likely pulling everything they can on you from any relevant law enforcement database, particularly those detailing your conviction. I would expect a NOID to be issued sometime this year. At that point you will then (through your lawyer) need to submit absolutely everything you can that will demonstrate good moral behaviour, and indicating that you pose no threat to your wife. It is a difficult bar for many to reach, and the vast majority who attempt it are not successful.

.. Thank you for your input.. I had already submitted quite a bit of evidence the first time around .. So even in the event of a NOID, am I correct that I will be given thirty days to provide additional evidence they might request?

[Illiria 980]

48 minutes ago, drmarkp said:

.. How do my incidental foot notes suggest that I am mitigating my actions?  I have nothing to be ashamed of 

This statement shows you don’t understand the weight of what you did especially in the context of immigration law.

 

3 hours ago, drmarkp said:

 This was 30 years ago (1988') .. She was my girl friend at the time, the mom approved .. She was 15, I was a very young looking emotionally immature 30 year old .. Can anyone relate? ..

 

 

This is explaining away what you did, as if it was ok because her mother approved, as if it was ok because you were young looking and emotionally immature. That is what I refer to as minimizing your actions, if you or your wife refer to anything like this in an interview then yes it will be judged by them. The embassy in Manila has seen many of these cases, and the Philippines has a process for its citizens where they have to get their permission to leave the country.

 

Immigration doesn’t care if you are pardoned. This doesn’t go away and it isn’t forgiven as far as they are concerned. You have to show that you are absolutely not a threat, 0%.

 

As to your other comments, either I am a gay man or I am female, pick one to discriminate against but not both as it makes little sense 😊 

 

You asked if anyone could relate to being a 30 year old boinking a 15 year old with the child’s mother’s permission.

Edited February 15, 2018 by Illiria
Clarity

[drmarkp 0]

1 hour ago, Illiria said:

This statement shows you don’t understand the weight of what you did especially in the context of immigration law.

 

This is explaining away what you did, as if it was ok because her mother approved, as if it was ok because you were young looking and emotionally immature. That is what I refer to as minimizing your actions, if you or your wife refer to anything like this in an interview then yes it will be judged by them. The embassy in Manila has seen many of these cases, and the Philippines has a process for its citizens where they have to get their permission to leave the country.

 

Immigration doesn’t care if you are pardoned. This doesn’t go away and it isn’t forgiven as far as they are concerned. You have to show that you are absolutely not a threat, 0%.

 

As to your other comments, either I am a gay man or I am female, pick one to discriminate against but not both as it makes little sense 😊 

 

You asked if anyone could relate to being a 30 year old boinking a 15 year old with the child’s mother’s permission.

.. Explaining away what I 'did'? .. My statements were taken out of context from a discriminatory stance .. All I meant by 'can relate' was an effort to reach out to those who identify with my case who may be going through a similar immigration experience such as myself .. Any objective person would realize that there are many different levels of offenses of this nature, some way more serious than others; some so serious that I would be the first to agree that these offenders should NOT be allowed to immigrate a foreign national into the US ... By using word pictures, I was merely trying to preface the nature of my case by describing the basic elements in hopes that it would offer some insight and perspective based on my individual circumstances .. It was not my intent, nor my position to imply that because the mom approved of our relationship, that it made it OK.. I never said that, YOU did .. Maybe it was not the best choice of words, but all I was trying to do was make it clear that the relations were consensual .. Hopefully someone has something to share with me that is constructive and informative, whether it be good, bad or indifferent .. Discrimination is what it is whether it be by a man or a woman or 'otherwise' - MP

[Hypnos 6,576]

9 hours ago, drmarkp said:

So even in the event of a NOID, am I correct that I will be given thirty days to provide additional evidence they might request?

Yes.

[ASMS 86]

10 hours ago, drmarkp said:

You must be a female because you don't understand hormones .. I'll probably get blocked

I think hormones excuse is good for a teenager, but for a 30 years old guy is just weird. Even more weird if is used 30 years later by the same person that is now 60?.

 

You might not care about others opinion about what you did, but the fact is that more than 1 agency will be looking closely your case and judging it.

[Unlockable 7,315]

You do understand that even though you served your time and paid your debt to the crime (which is not the same as being forgiven, btw), your past actions could prohibit you from certain options in life.

 

As someone already stated, if you can't overcome this then you still have the option to go an live in your gf's country.

[Going through 5,671]

It is likely that you will receive a NOID...which is difficult to overcome under AWA offences (even with the help of a lawyer, sometimes).

 

If the person who gave you information was just the agent at the ASC or the customer service person over the phone---they are notorious for giving out incorrect information, nor are they able to see any specifics of your case and can only give out generalized (and often, incorrect) answers.

[NikLR 13,227]

2 hours ago, NuestraUnion said:

You do understand that even though you served your time and paid your debt to the crime (which is not the same as being forgiven, btw), your past actions could prohibit you from certain options in life.

 

As someone already stated, if you can't overcome this then you still have the option to go an live in your gf's country.

Can an AWA petitioner even live in the PI?

Regardless there is no approval times chart for this.   I hope you have a lot of money and a really good lawyer.  I havent read yet of an awa petitioner receiving approval but most dont stay on VJ since their cases are complicated, obviously not DIY, and very controversial.  

 

(Edited to add)

Edited February 16, 2018 by NikLR

[Tristan1978 133]

You were convicted of unlawful sex with a minor, no matter how you try to justify your actions. 

 

Seriously, how can you expect anyone on VJ to help you. 

[Lemonslice 4,886]

17 hours ago, drmarkp said:

I am in the process on an I-130 Visa for my Filippina wife .. We married over there in February 2016' .. I DO have an old conviction that appears to fall under the category of Adam Walsh Law (unlawful sex with a minor) .. This was 30 years ago (1988') .. She was my girl friend at the time, the mom approved .. She was 15, I was a very young looking emotionally immature 30 year old .. Can anyone relate? .. Since then I have received a Certificate of rehabilitation (recommendation for pardon) and have been relieved of my requirement to register as a sex offender as per the department of justice 

 

 

This is not my first rodeo .. I brought my first wife over here from Russia right before the Adam Walsh law was enacted .. In those days I don't believe they did security checks at all (pre - 2006') .. I managed to bring her over when my case was still an open wound as I had not yet achieved the cert. of rehab., and was still required to register at the time .. She and I divorced due to incompatibility .. My ex wife signed a sworn legal affidavit on my behalf for my current immigration petition stating that during our marriage she never felt threatened by me and never experienced nor feared physical violence .. We have a nine year old son together

 

I finally had an appointment for biometrics in December 2017' .. I was told by a very helpful immigration officer that if I were going to be denied, they would have done it by now before proceeding this far .. I read somewhere that USCIS has the discretion to deny a petitioner without giving them a NOID or an RFE.. I am out of processing time of course and originally applied in July 2016'; it's been a year and a half already .. My case is being handled by the Vermont office .. I do have an attorney

 

I submitted a service request and here is my e-mail reply as of February 2018': 

The status of this service request is:

'The processing of your case has been delayed.  A check of our records establishes that your case is not yet ready for a decision, as the required security checks remain pending.

We cannot move forward on your case until the security checks have been completed.  These security checks must be completed on all applicants who apply for the immigration benefit you are seeking.  We will provide you with a decision on this case as soon as possible after the security checks are complete.  Please contact the National Customer Service Center at 1-800-375-5283 if you do not receive a decision or other notice of action from us within six months of this letter.

We hope this information is helpful and appreciate your continued patience.'

 

The e-mail says to wait 6 months.. I wonder if this is just a form letter and that 6 months is just a standard answer? .. Do any of the mods and experts here have any insight as to a timeline? Feel free to give opinions on my case

 

 

 

 

Is your wife in her sixties also?  

[CheeseMonstah 87]

18 hours ago, drmarkp said:

 Can anyone relate? .. 

 

 

Dear god NO!