K1 with conviction for importuning. AWA?

[Matt&Ali 3]

Hi all,

My fiance was arrested in a sting operation for importuning back in 2005. He was on the sex offender list for 10 years. The petition was filed with his paperwork, as required.

We had the completed petition forms  reviewed by an immigration lawyer who said the petition should be fine. We filed for the K1 in September and received a letter early this month to say the case had been preliminary reviewed and was transferred from CSC to VSC as part of the processing.

I just learned about the AWA and I would really like to know where others here think we stand in terms of getting approval.

 

 

 

[Boiler 45,443]

Not enough information to say other than it could.

[SalishSea 17,801]

8 minutes ago, Matt&Ali said:

Hi all,

My fiance was arrested in a sting operation for importuning back in 2005. He was on the sex offender list for 10 years. The petition was filed with his paperwork, as required.

We had the completed petition forms  reviewed by an immigration lawyer who said the petition should be fine. We filed for the K1 in September and received a letter early this month to say the case had been preliminary reviewed and was transferred from CSC to VSC as part of the processing.

I just learned about the AWA and I would really like to know where others here think we stand in terms of getting approval.

 

 

 

Sex offender crimes are taken very seriously by USCIS.  Do you have a plan B, like for him to move to your country?

[Boiler 45,443]

Just now, Jorgedig said:

Sex offender crimes are taken very seriously by USCIS.  Do you have a plan B, like for him to move to your country?

That could be even more difficult.

[SalishSea 17,801]

Just now, Boiler said:

That could be even more difficult.

Depending on the country, for sure.

[Matt&Ali 3]

5 minutes ago, Jorgedig said:

Depending on the country, for sure.

It's something we might have to now consider. I had no idea about the AWA and how it applies until yesterday. 

[Dale. 264]

15 minutes ago, Matt&Ali said:

It's something we might have to now consider. I had no idea about the AWA and how it applies until yesterday. 

It's not going to be easy and the wait is not short.  Our petition also falls under AWA and we had no idea until after it was transferred in Oct.  

[Matt&Ali 3]

35 minutes ago, Dale. said:

It's not going to be easy and the wait is not short.  Our petition also falls under AWA and we had no idea until after it was transferred in Oct.  

Have you had any news since October? With the amount of reading I did on this yesterday including reading the entire Act, it seems once you fall into the category, even if its Tier 1, that preparing for a denial is something my fiance and I really need to prepare and plan for. 

[GP1977 288]

In order to beat awa you are going to need a good lawyer that specializes in this area. It’s not something for any attorney. You need someone who spends a good part of their practice dealing with these cases.  Be prepareD to spend 10k or 20k or even more to be successful.

[geowrian 22,337]

The thing with AWA is that USCIS heavily leans on the side of caution and the onus will be on you to show that it does not fall under the AWA.

Failing that, a waiver is needed. That can take years and will likely cost several Edit: few tens of thousands.

Edited January 31, 2020 by geowrian

[TBoneTX 45,250]

A post not contributing to answering the OP's query has been removed.

[Dale. 264]

23 hours ago, Matt&Ali said:

Have you had any news since October? With the amount of reading I did on this yesterday including reading the entire Act, it seems once you fall into the category, even if its Tier 1, that preparing for a denial is something my fiance and I really need to prepare and plan for. 

We have heard nothing since Oct. The longer wait has not been easy so I planned a visit.  

 

I think it's best to look at every possible scenario.  Be ready and prepared for whatever uscis decides 

[Villanelle 4,122]

On 1/30/2020 at 10:59 AM, Matt&Ali said:

Hi all,

My fiance was arrested in a sting operation for importuning back in 2005. He was on the sex offender list for 10 years. The petition was filed with his paperwork, as required.

We had the completed petition forms  reviewed by an immigration lawyer who said the petition should be fine. We filed for the K1 in September and received a letter early this month to say the case had been preliminary reviewed and was transferred from CSC to VSC as part of the processing.

I just learned about the AWA and I would really like to know where others here think we stand in terms of getting approval.

 

 

 

I find it a bit odd that an immigration attny would look over your petition with an AWA issue and say it should be fine. Did you pay that attny? Was it a free consult? Did they say specifically 'why' it should be fine? 

 

AWA issues are usually very complex. There are many factors to consider like the exact charge/conviction, the age of the victim, the exact circumstances, and his age at the time. Was he over the age of 14 at the time? If not that could be a reason why the attny said it should be fine. Anyway when a petition is flagged for being possible AWA issue it does get sent to VSC as they are the ones who process AWAs. At some point he should get a biometrics notice and will need to go for fingerprints. Generally speaking if it is an AWA case the chances for approval are very very slim. There are several threads on AWA here in the IMBRA subforum you should read through. Here is a website dedicated to AWA issues- https://fightawa.org/uscis-awa-decision-pdf-files they also have pdf files on USCIS decisions you can read through. This link has some general information- http://myattorneyusa.com/adam-walsh-act-prohibition-on-approval-of-family-iv-petition-where-petitioner-was-convicted-of As you can see there are various ways of dealing with AWA issues. Some people attempt to fight if it should be considered as AWA. If thats not possible then your only defense is to show no risk which is very hard to prove. They generally deny apx 99% of AWA cases. Statistics are not published but I believe in 2019 apx 5 cases were approved out of the pending (apx 1500) While thats not much by any means it was a significant rise in approvals from prior years.

 

 

[Matt&Ali 3]

On 1/31/2020 at 7:33 PM, Villanelle said:

I find it a bit odd that an immigration attny would look over your petition with an AWA issue and say it should be fine. Did you pay that attny? Was it a free consult? Did they say specifically 'why' it should be fine? 

 

AWA issues are usually very complex. There are many factors to consider like the exact charge/conviction, the age of the victim, the exact circumstances, and his age at the time. Was he over the age of 14 at the time? If not that could be a reason why the attny said it should be fine. Anyway when a petition is flagged for being possible AWA issue it does get sent to VSC as they are the ones who process AWAs. At some point he should get a biometrics notice and will need to go for fingerprints. Generally speaking if it is an AWA case the chances for approval are very very slim. There are several threads on AWA here in the IMBRA subforum you should read through. Here is a website dedicated to AWA issues- https://fightawa.org/uscis-awa-decision-pdf-files they also have pdf files on USCIS decisions you can read through. This link has some general information- http://myattorneyusa.com/adam-walsh-act-prohibition-on-approval-of-family-iv-petition-where-petitioner-was-convicted-of As you can see there are various ways of dealing with AWA issues. Some people attempt to fight if it should be considered as AWA. If thats not possible then your only defense is to show no risk which is very hard to prove. They generally deny apx 99% of AWA cases. Statistics are not published but I believe in 2019 apx 5 cases were approved out of the pending (apx 1500) While thats not much by any means it was a significant rise in approvals from prior years.

 

 

Thank you very much for this. It's clear now that we need specialised legal advice to see where we may stand.

[Cheesehead22 86]

Isn't it possible to withdrawal your application, get married and reapply for a cr1?