Intent to Denial I-130 Adams Walsh Law

[Diome 2]

My cousin just received a letter from USCIS intent to Deny I-130 for his wife abroad because of wrong accusations of his sister when both were teens who wrongly called police on him for fighting her and that case was dropped...and secondly his father who was a drunker then also called police accusing him of domestic violece..case dropped. That was 16 years ago. Now Immigration is demanding for documentation for Intent to Denial his I-130 for his wife. He needs assistance as to what to do to avoid the denial. 

[Ben&Zian 4,398]

55 minutes ago, Diome said:

My cousin just received a letter from USCIS intent to Deny I-130 for his wife abroad because of wrong accusations of his sister when both were teens who wrongly called police on him for fighting her and that case was dropped...and secondly his father who was a drunker then also called police accusing him of domestic violece..case dropped. That was 16 years ago. Now Immigration is demanding for documentation for Intent to Denial his I-130 for his wife. He needs assistance as to what to do to avoid the denial. 

 

So is this for I-129f petition for K-1 visa or I-130 for spousal visa? Either way, if documentation is available the USC should be able to provide documentation supporting so... whether dismiasal or no record.

[ImmPro 106]

1 hour ago, Diome said:

My cousin just received a letter from USCIS intent to Deny I-130 for his wife abroad because of wrong accusations of his sister when both were teens who wrongly called police on him for fighting her and that case was dropped...and secondly his father who was a drunker then also called police accusing him of domestic violece..case dropped. That was 16 years ago. Now Immigration is demanding for documentation for Intent to Denial his I-130 for his wife. He needs assistance as to what to do to avoid the denial. 

As you may know The Adam Walsh Act (AWA) is around to protect children from sexual exploitation and violent crime. In the immigration sense, from what they have stated in RFE's  and Notices of Intent to Deny (NOIDS) is that they  want to make sure the beneficiary is not put in some type of danger. Ideally, you would want all the information you can get about the incident. I'm sure it was in the NOID letter that your cousin received, but usually they want police records, court records, or anything related to the case. Depending on your state, I would get criminal live scan and show that nothing pops up. Of course, we've had so many clients say it was dismissed, or nothing happened, and BAM what do you know they have a criminal record that says otherwise, so I would get one to know what is actually on the record.  If your cousin was the one accused he probably would not be able to get the police record, but IF it was a big understanding like you said then the sister or whoever put in the complaint should be able to get it. 

 

Other items I think would be helpful are affidavits, or simply put declarations about those involved in the incident. Have the "perpetrator" your cousin write a declaration about the situation to give better context, and if the person who filed the complaint/ called the police would write one too, have them write one. It can only help the case. What people need to understand about immigration is that on cases that are not straight line cases there's so much discretion involved especially when attorneys are not present to fight case law about complex situation, such as this. When AWA is involved all I know is that your case is going to be prolonged. I believe these cases are transferred over to other departments, and actually read this on a 2011 Policy memorandum that you can find here; https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/April/supp-guidance-adam-walsh-actpdf.pdf .

 

If it is true that they were dismissed ,and it was all a big understanding your job is to prove it. If you can then you should still be able to get it approved. Have your cousin write a good declaration, and make sure it shows that there would be no harm to the beneficiary. Wishing the best of luck to you guys.

[carmel34 3,633]

6 hours ago, Diome said:

Now Immigration is demanding for documentation for Intent to Denial his I-130 for his wife.

Provide the documentation requested--all court and police records for both charges/arrests against him.  Give them exactly what they want and hope for the best.  Lying on US immigration forms is never a good idea.

[SalishSea 17,833]

11 hours ago, Diome said:

My cousin just received a letter from USCIS intent to Deny I-130 for his wife abroad because of wrong accusations of his sister when both were teens who wrongly called police on him for fighting her and that case was dropped...and secondly his father who was a drunker then also called police accusing him of domestic violece..case dropped. That was 16 years ago. Now Immigration is demanding for documentation for Intent to Denial his I-130 for his wife. He needs assistance as to what to do to avoid the denial. 

“Wrongly accused” or not, he will need to obtain and submit any and all documentation pertaining to both incidents if he wants a successful outcome.

[TBoneTX 45,299]

Thread is moved from the K-1 Process forum to the IMBRA subforum, where AWA issues are discussed.

[SmallTownPA 72]

Does not sound good.  

 

USCIS is following the AWA/IMBRA and will deny:

 

"USCIS has indicated that it will only approve such a petition upon proof “beyond any reasonable doubt” that the petitioner poses no risk to the alien spouse.  The “no risk” determination is entirely within the discretion of USCIS. In Matter of Aceijas-Quiroz, the BIA ruled that it lacked jurisdiction to review a challenge to a “no risk” determination, including the standard of proof employed by USCIS.  

 

Demonstrating “no risk” can be extremely difficult.  The petitioner typically must produce certified records demonstrating successful completion of counseling or rehabilitation programs; certified evaluations by psychiatrists, clinical psychologists, or clinical social workers attesting to the degree of rehabilitation or behavior modification; and other evidence of good character and exemplary service in the community.  Because of the high burden of proof (“beyond any reasonable doubt”) and the lack of review by the BIA, it is crucially important for the petitioner to present comprehensive and thorough arguments and documentation to demonstrate that he or she poses “no risk.”  

 

Recent BIA cases have made clear that: (1) the Adam Walsh Act bar applies regardless of how long ago the conviction occurred; (2) the petitioner bears the burden of proving that a prior conviction is not for a “specified offense against a minor;” (3) USCIS can look at virtually any document related to the arrest and conviction to determine if the bar applies; and, (4) USCIS can demand proof of “no risk” beyond any reasonable doubt, and the BIA will not review USCIS’s determination. "

 

So unless there were documented mitigating steps (counseling etc) or you can get some exemplary people to vouch for petitioner, I don't think that time will be an effective argument.  The standard is 'beyond any reasonable doubt'.. that's the highest they can ask.

[Villanelle 4,122]

On 5/27/2019 at 1:58 AM, Diome said:

My cousin just received a letter from USCIS intent to Deny I-130 for his wife abroad because of wrong accusations of his sister when both were teens who wrongly called police on him for fighting her and that case was dropped...and secondly his father who was a drunker then also called police accusing him of domestic violece..case dropped. That was 16 years ago. Now Immigration is demanding for documentation for Intent to Denial his I-130 for his wife. He needs assistance as to what to do to avoid the denial. 

I do not believe your cousin is telling you the entire story.... AWA denials are for 'specified offenses against a minor'. Neither of the things you described fall under that. So either he has another charge you are not aware of- or he was not given an intent to deny based on AWA but rather based on  domestic violence charges which are also under IMBRA but not AWA necessarily. Do you have a copy of the notice you can post with personal info blacked out? 

[Bayman 65]

8 minutes ago, Villanelle said:

I do not believe your cousin is telling you the entire story.... AWA denials are for 'specified offenses against a minor'. Neither of the things you described fall under that. So either he has another charge you are not aware of- or he was not given an intent to deny based on AWA but rather based on  domestic violence charges which are also under IMBRA but not AWA necessarily. Do you have a copy of the notice you can post with personal info blacked out? 

agree.