Adam Walsh Act Waiver for a juvenile crime?

[jems921 0]

Hi, my fiance in the Philippines and I are wanting to start the K-1 process and I just found out today that I have to disclose my expunged record. I was convicted of a crime when I was 14 years old and it was expunged when I was around 19. I am 33 years old now and since then have had no issues with the law and am currently a single father with full custody and a very responsible adult.

 

I am stunned my past has to be dug up like this and that all the research I have done about receiving a waiver for AWA looks depressing, both in the time it takes as well as approval statistics.

 

Does the fact I was a juvenile have anything to play here? The crime committed was far exaggerated and the victim then is a family member and we are very close to this day. My step-father at the time pushed me to just plead guilty to the first plea deal which I regret every day. My step-dad wanted me out of his life and him talking me into doing that led my parents getting divorced.  That was the worst part of my life and after getting it expunged, I felt free and have pursued a successful career, am raising a child who is doing great in school, and now found a beautiful woman to call a wife someday. Only to run into this.

 

I have full confidence I can come up with a convincing argument and I have the determination to work with lawyers to get everything I need for that as well as the funds. But the problem I see is that despite all that, the charge is attempted r*** of a child and although what happened was nothing like that, I feel like the name of the charge itself will lead to a denial no matter what I do.

My question is, is it worth pursuing a AWA Waiver? If it was denied, would USCIS share this information anywhere that could cause me not to be able to marry my fiance in the Philippines? In which case, may not be worth the risk at all.

It seems very difficult to find any info on this and I am waiting to hear back to schedule consults with lawyers.

Edited December 11 by jems921

[Dashinka 24,627]

Try searching AWA Waiver here on VJ as there are some stories (I attached a successful case).  This is generally lawyer territory as it is my understanding that even expunged records show up on FBI checks.

 

Good Luck!

 

 

[EmilyW 1,459]

Definitely need a lawyer for this one.

 

 

And if that doesn't work, you could always opt to move to the Philippines.   It might be worth researching if the Philippines has a similar Act in place, that might prevent you from immigrating there.

 

[Boiler 45,715]

For some reason I think I have seen people in this situation move to the Philippines 

[JeanneAdil 6,570]

Have u asked for FBI report on yourself?

Are u required to register as offender?

Take that info to a lawyer for a consultation

[jems921 0]

8 minutes ago, JeanneAdil said:

Have u asked for FBI report on yourself?

Are u required to register as offender?

Take that info to a lawyer for a consultation

I did actually do a FBI background check with fingerprints on myself a year or so after my records were sealed/expunged. It came up clean. I was surprised but maybe FBI never got the records since I was so young? I'm not sure. I plan to do another background check and if it comes up clean, I will do an apostille and possibly marry her in her country then eventually do C-1 as I wouldn't need to disclose the criminal history like I-129F requires and hope it doesn't come up.

 

I am not required to register as an S.O., however, I did have to from 14 years old to 17 years old if I recall correctly. I do not show up on any S.O. searches.

Thank you, I will take this info to the lawyer.

Edited December 11 by jems921

[Ontarkie 14,286]

Sealed record will always and forever be able to be seen by immigration. Even if you marry first they will still do a background check on you, the K1 just wants you to declare it first. 

 

Before you do anything you need to search the forums and find the lawyers used in the successful cases. Then get yourself a consult to find out your chances.

 

You will need to also make sure your fiancé is fully aware of everything, every detail. They will ask her about it and can deny her the visa if she does not fully understand what happened. 

[Happy_go_lucky 0]

Hello there! I am in a similar situation with my US partner who was involved in a crime that triggers AWA, also when he was 14 years old. I have done extensive research on this topic and can confirm what others have already said here: Sealed and expunged records will show up for USCIS. It won't matter whether you apply for a K1 or a CR1 visa. I have talked to many attorneys and all have confirmed the same thing: It is very difficult to get approved with such a history. You could also consider other ways of immigration (work visa?) or moving to your partner's country. Good luck!

[jems921 0]

57 minutes ago, Happy_go_lucky said:

Hello there! I am in a similar situation with my US partner who was involved in a crime that triggers AWA, also when he was 14 years old. I have done extensive research on this topic and can confirm what others have already said here: Sealed and expunged records will show up for USCIS. It won't matter whether you apply for a K1 or a CR1 visa. I have talked to many attorneys and all have confirmed the same thing: It is very difficult to get approved with such a history. You could also consider other ways of immigration (work visa?) or moving to your partner's country. Good luck!

Yeah I realized it's a lost cause unless the record shows i was 13 at time of offense, which i turned 14 same month it occurred so that would prove difficult, there is no chance at a waiver. Still haven't seen a copy of the docket yet to confirm.

 

Our best option for her and I to live a good life is to immigrate together in a different, more lenient country that lacks such crazy unforgiving laws.

 

I talked with Canadian immigration lawyers and they say with some due process due to my record, they see sealed US records as well, I could still become a permanent resident there. And she could come with me then eventually have a strong visa to visit the US with me. It's not simple, but it is realistic compared to getting a AWA waiver.

Edited Monday at 10:05 PM by jems921

[gamer2000 3]

On 12/11/2024 at 12:20 AM, jems921 said:

Hi, my fiance in the Philippines and I are wanting to start the K-1 process and I just found out today that I have to disclose my expunged record. I was convicted of a crime when I was 14 years old and it was expunged when I was around 19. I am 33 years old now and since then have had no issues with the law and am currently a single father with full custody and a very responsible adult.

 

I am stunned my past has to be dug up like this and that all the research I have done about receiving a waiver for AWA looks depressing, both in the time it takes as well as approval statistics.

 

Does the fact I was a juvenile have anything to play here? The crime committed was far exaggerated and the victim then is a family member and we are very close to this day. My step-father at the time pushed me to just plead guilty to the first plea deal which I regret every day. My step-dad wanted me out of his life and him talking me into doing that led my parents getting divorced.  That was the worst part of my life and after getting it expunged, I felt free and have pursued a successful career, am raising a child who is doing great in school, and now found a beautiful woman to call a wife someday. Only to run into this.

 

I have full confidence I can come up with a convincing argument and I have the determination to work with lawyers to get everything I need for that as well as the funds. But the problem I see is that despite all that, the charge is attempted r*** of a child and although what happened was nothing like that, I feel like the name of the charge itself will lead to a denial no matter what I do.

My question is, is it worth pursuing a AWA Waiver? If it was denied, would USCIS share this information anywhere that could cause me not to be able to marry my fiance in the Philippines? In which case, may not be worth the risk at all.

It seems very difficult to find any info on this and I am waiting to hear back to schedule consults with lawyers.

Strongly recommend you do the spousal visa , You can bypass the AWA IF you are a Juvenile at the time the offense occurred as long as its not The offense is same as or more severe than aggravated sexual abuse described in 18 USC § 2241 .  Your opening up a bigger can of worms by doing the k1 that can lead to an outright denial and take longer.  Best to go in and just be done.   Juvenile offense do not show up if expunged correctly , other member will argue this is not true but I can say for sure it is.    You must look to see how the charge was expunged to verify.   

Edited Monday at 11:53 PM by gamer2000
correction in statement

[Happy_go_lucky 0]

14 hours ago, jems921 said:

Yeah I realized it's a lost cause unless the record shows i was 13 at time of offense, which i turned 14 same month it occurred so that would prove difficult, there is no chance at a waiver. Still haven't seen a copy of the docket yet to confirm.

 

Our best option for her and I to live a good life is to immigrate together in a different, more lenient country that lacks such crazy unforgiving laws.

 

I talked with Canadian immigration lawyers and they say with some due process due to my record, they see sealed US records as well, I could still become a permanent resident there. And she could come with me then eventually have a strong visa to visit the US with me. It's not simple, but it is realistic compared to getting a AWA waiver.

Ah, I am in the exact same spot! We are also trying to find out when exactly the crime occurred since it was either shortly before he turned 14 or shortly after. The case is expunged and it was 30 years ago aka memory is blurry about the exact dates, so he is working on getting the records. 

I have checked for Germany and over here, his juvenile crime 30 years ago is not going to matter at all. So, maybe a European country could do the trick for the two of you?!

Ah, we also thought about Canada since we have friends/social network there!  So you are thinking about becoming a permanent resident in Canada and then she can follow you there? What do you mean by "have a strong visa to visit the US with me"? 

[Happy_go_lucky 0]

13 hours ago, gamer2000 said:

Strongly recommend you do the spousal visa , You can bypass the AWA IF you are a Juvenile at the time the offense occurred as long as its not The offense is same as or more severe than aggravated sexual abuse described in 18 USC § 2241 .  Your opening up a bigger can of worms by doing the k1 that can lead to an outright denial and take longer.  Best to go in and just be done.   Juvenile offense do not show up if expunged correctly , other member will argue this is not true but I can say for sure it is.    You must look to see how the charge was expunged to verify.   

Interesting information, thank you! Where did you get that information from that juvenile offenses don't show up if expunged correctly? And what does "correctly" mean?

[gamer2000 3]

1 hour ago, Happy_go_lucky said:

Interesting information, thank you! Where did you get that information from that juvenile offenses don't show up if expunged correctly? And what does "correctly" mean?

Let me first say , my response was more for the USA Petitioner . If the beneficiary has something I can't personal speak to that but technically JV crimes are not convictions for the purpose for immigration. if you read case law you can see several times where a person had admitted a JV crime at that point immigration / USCIS is allowed to request information since you disclosed this now you are considering this a conviction that's the way they see it and are able to justify it in the response to the appeals , but it's noted that JV offenses are not a conviction for immigration in the case law. If the record is sealed this is not a true expungement and if it's not expunged its best to disclose this in most cases it will show up depending on that state. 

Also some states do not report JV convictions in the early years due to privacy. I know one state that personal told me they do not report to FBI .  I also know a person that was 16 that had a AWA not aggravated , I spoke to and they were approved for the CR1 without a waiver or anything required. If they are charged as an adult or required to register forget it, then you for sure need a waiver or will be getting a RFE.  If the person under 18 is required to register then that follow under the guidelines for the aggravated section under the AWA and will be disbarred regardless of the age.  The state at that point must report the registration to the federal level which USCIS would be able to obtain even if expunged in most cases but not always. 

What's funny is about 90% of attorney's are not properly trained with handling Juvenile offense regarding AW let alone information about JV crimes. There's hardly any case law on sponsor's applying for a beneficiary that had AWA convictions as a Juvenile. One of the biggest law firms in the USA that handles AWA cases is not even educated on Juvenile offenses. They will even tell you this and they handle the biggest amount of AWA cases .  This also clearly shows you that uscis is not concerned about offense as a Juvenile to me since there is no case law on it or record of appeal.  I would say anyone with a criminal history should just skip the k1 and do the cr1 it's less headache.  You still must be honest with your spouse and let them know because there's always a chance that this could still come up in the interview if the record wasn't expunged correctly.   

Edited yesterday at 03:19 PM by gamer2000

[Boiler 45,715]

There is no exception for jv crimes for beneficiaries, nowhere does it mention any exceptions to declare them, what happens next will depend on the individual case.

[jems921 0]

2 hours ago, Happy_go_lucky said:

Ah, I am in the exact same spot! We are also trying to find out when exactly the crime occurred since it was either shortly before he turned 14 or shortly after. The case is expunged and it was 30 years ago aka memory is blurry about the exact dates, so he is working on getting the records. 

I have checked for Germany and over here, his juvenile crime 30 years ago is not going to matter at all. So, maybe a European country could do the trick for the two of you?!

Ah, we also thought about Canada since we have friends/social network there!  So you are thinking about becoming a permanent resident in Canada and then she can follow you there? What do you mean by "have a strong visa to visit the US with me"? 

By strong visa, I mean that it's very hard for women in the Philippines to get visas to simply visit the USA. And if they see she is in a relationship with someone there, it's nearly impossible. But if we are married and live in Canada as residents, then she could have her own tourist visa of 6 months out of the year and we'd go from there.

 

I may still try the C1 just to give it a chance but will try Canada at the same time.