DIY'ing the Adam Walsh Act NOID on I-130

[HowManyLettersFit 0]

I am an American citizen and petitioner of an I-130 for my wife who lives here. We DIY filed the I-130 in 2022, there were no questions about criminal history. I was asked to come for biometrics in 2023 which i thought was odd. There was no movement on our case until yesterday when i received a notice of intent to deny based on the Adam Walsh Act with an 87 day window to respond. I had no idea this law existed and so I am surprised and unprepared and have since read up on how doomed 99.995% of these cases are, So I called all of the AWA experienced attorneys I've seen listed in these forums after an exhaustive search for AWA cases here on VJ, each wants $100 for a consultation (ok sure) and there's a 2 month waiting period (I can't afford to wait). So it looks like I have to DIY file the NOID response. We didn't see any cases similar to mine on the forums so here's my situation.

 

Since everyone will ask, on the notice it listed the only arrest I've ever had - an indictment for two alleged serious crimes against a minor and a year later a follow up superseding indictment for two even more serious crimes against a minor - but it also listed in the NOID notice, within the very bullet point listing the indictments, that the final result/judgement was acquittal/not guilty in a trial by jury on all counts. At no time did I receive a punishment (other than a free 5 year all expense paid vacay through the criminal justice system and losing everything and everyone in total along the way) and my case was fully adjudicated at the time of the Jury's verdict after deliberating 45 minutes. At no time was I registered as a RSO or any kind of supervision or restitution. There are no other items hovering and this was about 14 years ago, but yes it was a very serious accusation with a potential for 35years each mandatory sentencing and consecutive sentencing if they wanted.

 

So, in the NOID letter it says I have the burden of proof to show that either - I am not subjected under the AWA -or- if I am I must show that i'm not a danger to my wife - obviously the former is my strategy. My plan is to venture to the courthouse and get several official copies each of the original indictment, the superseding indictment (where they added even more serious crimes), and the final judgement of not guilty for each count, sending by certified mail along with the cover letter they supplied and waiting.

 

My main question is - Am I making a serious mistake by DIY? It would seem to me that the official court documents would establish as a point of fact that the AWA doesn't apply to me since they're already aware I was found not guilty. Plus, it doesn't appear that any immigration lawyers with AWA experience are available for even a consultation much less representing me with all the ICE/Trump-mania in the news drumming up business.

 

Other general questions/concerns I have: 

1. Do they like want a narrative too?  Should I google how to do a brief or can only a lawyer do that? Would it be enough for a handwritten note saying, "Dear officer, I choose (1) i'm not subject to AWA, please see an abundance of proof attached"? Wouldn't the final judgement docs alone meet their burden of proof?

2. Should i get an FBI fingerprint check? (why when they apparently already know if you sneezed in High School and had it expunged and files incinerated) and I already had a FBI fingerprint a few years ago getting a conceal carry permit and it was empty)

3. While I'm at the courthouse do I ask for a Trial transcript? A letter from my inexperienced public defender? A psychologist? A lie detector? All these seem to me like requirements for someone that is subject to AMA and thus trying to prove they aren't a danger to their wife.

 

Thanks for any helpful replies VJ.

[mam521 2,267]

The burden of undeniable proof is on you and these are serious allegations.  If you search the forum for other cases that have been issued a NOID, the advise is pretty standard to obtain legal representation.  IMHO, you need an attorney.  

 

[Daphne . 1,954]

Yes, I think you would make a serious mistake if you tried to DIY this one. This is too important to try to save money on. 

[HowManyLettersFit 0]

28 minutes ago, mam521 said:

The burden of undeniable proof is on you and these are serious allegations.  

 

Yes, these were serious allegations and 12 people just like you decided I was not guilty after hearing everything. So are you implying a full acquittal and all official court documents supporting it don't meet that burden? Thanks for the reply.

 

22 minutes ago, Daphne . said:

Yes, I think you would make a serious mistake if you tried to DIY this one. This is too important to try to save money on. 

 I tried, I can't wait 2 months for an initial consultation with Allan Lolly or the other guys, and hiring an attorney without AWA experience would be a waste (plus they are all delayed too). I can actually afford a lawyer and that was my first day of efforts in finding one, and although I haven't ruled out hiring a lawyer DIY'ing the NOID AWA seems rather straight forward, ie they want me to supply the court documents that prove I'm not subject to AWA which I can easily do. Even the strictest USCIS officer couldn't argue against a point of fact right? What other interpretation of an acquittal could they make? Thanks for the reply.

Edited 3 hours ago by HowManyLettersFit
i wrote ama instead of awa oops

[Ontarkie 14,579]

~~Moved to IMBRA Special Topics, from Ir1/CR1 P&P- As other AWA topics are discussed here.~~