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 2,299]

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 . 1,975]

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 February 28 by HowManyLettersFit
i wrote ama instead of awa oops

[Ontarkie 14,650]

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

[Lemonslice 5,018]

6 hours ago, HowManyLettersFit said:

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.

 

 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.

 

Unfortunately, the immigration process is slow.  Even if all goes smoothly for you, it is still going to be a while until they review your rebuttal and make a decision.  Two months extra with for better odds seem to be worth it...

[TBoneTX 46,435]

You absolutely, 100% need an attorney.  Keep hunting intensely.

[Demise 1,366]

I'll put in my 3 cents:

AWA determination requires specifically a conviction for such an offense (INA 204(a)(1)(A)(viii)). So the only outcomes where it is applicable are:

• Jury found you guilty (in a jury trial).
• Judge found you guilty (in a bench trial).
• You plead guilty or no contest to the charges.
• You took a plea bargain to a lesser offense that's still listed in the AWA.

Other outcomes are not applicable like:

• Jury found you not guilty (in a jury trial)
• Judge found you not guilty (in a bench trial)
• You took a plea bargain to a lesser offense not listed in the AWA
• Charges were dropped
• Charges were never filed
• Charges were never re-filed after a mistrial
• You were never arrested
• You were found guilty but later won an appeal which reversed the conviction

 

 

In your case, you took it to trial and were found not guilty so it's not applicable. So in that regard I'd argue against everyone telling that you absolutely need a lawyer, if you needed the option B where you are actually subject to the AWA and had to prove beyond a reasonable doubt that you're not a risk then yes you would definitely need a lawyer and honestly should probably give up because beyond a reasonable doubt (99.9%) is an extremely hard standard to clear.

 

So yeah, you want to get copies of the indictments and copy of the court order finding you not guilty.

 

For the cover letter just write as little as you need to, something like:

 

"

In re: Notice of Intent to Deny, Petition for Alien Relative (I-130)

Receipt #: [XXXYYYYYYYYYY]

Petitioner: [Your name] [A# if you have one]

Beneficiary: [Spouse's name (A#:XXX-XXX-XXX)]

 

 

On [date] I was charged with (Exhibit A):

[List of charges from original indictment]

On [date] I was further charged with (Exhibit B):

[List of charges from superceding indictment]

 

On [date], following a jury trial, I was found not guilty on all counts. (Exhibit C).

 

Prohibition on filing family based petitions under the Adam Walsh Act as found in INA 204(a)(1)(A)(viii) applies specifically to "a citizen of the United States who has been convicted of a specified offense against a minor" (emphasis added). As such, this situation does not apply to me and any family petition filed by me, as such I ask that you resume processing this I-130.

 

Attachments:

Exhibit A - Indictment from [DA office]

Exhibit B - Superceding indictment from [DA office]

Exhibit C - Court order from [Court]

 

[Signature] [Today's Date]

[Your name]"

Edited March 1 by Demise

[Boiler 46,399]

8 minutes ago, Demise said:

I'll put in my 3 cents:

AWA determination requires specifically a conviction for such an offense (INA 204(a)(1)(A)(viii)). So the only outcomes where it is applicable are:

• Jury found you guilty (in a jury trial).
• Judge found you guilty (in a bench trial).
• You plead guilty or no contest to the charges.
• You took a plea bargain to a lesser offense that's still listed in the AWA.

Other outcomes are not applicable like:

• Jury found you not guilty (in a jury trial)
• Judge found you not guilty (in a bench trial)
• You took a plea bargain to a lesser offense not listed in the AWA
• Charges were dropped
• Charges were never filed
• Charges were never re-filed after a mistrial
• You were never arrested
• You were found guilty but later won an appeal which reversed the conviction

 

 

In your case, you took it to trial and were found not guilty so it's not applicable. So in that regard I'd argue against everyone telling that you absolutely need a lawyer, if you needed the option B where you are actually subject to the AWA and had to prove beyond a reasonable doubt that you're not a risk then yes you would definitely need a lawyer and honestly should probably give up because beyond a reasonable doubt (99.9%) is an extremely hard standard to clear.

 

So yeah, you want to get copies of the indictments and copy of the court order finding you not guilty.

 

For the cover letter just write as little as you need to, something like:

 

"

In re: Notice of Intent to Deny, Petition for Alien Relative (I-130)

Receipt #: [XXXYYYYYYYYYY]

Petitioner: [Your name] [A# if you have one]

Beneficiary: [Spouse's name (A#:XXX-XXX-XXX)]

 

 

On [date] I was charged with (Exhibit A):

[List of charges from original indictment]

On [date] I was further charged with (Exhibit B):

[List of charges from superceding indictment]

 

On [date], following a jury trial, I was found not guilty on all counts. (Exhibit C).

 

Prohibition on filing family based petitions under the Adam Walsh Act as found in INA 204(a)(1)(A)(viii) applies specifically to "a citizen of the United States who has been convicted of a specified offense against a minor" (emphasis added). As such, this situation does not apply to me and any family petition filed by me, as such I ask that you resume processing this I-130.

 

Attachments:

Exhibit A - Indictment from [DA office]

Exhibit B - Superceding indictment from [DA office]

Exhibit C - Court order from [Court]

 

[Signature] [Today's Date]

[Your name]"

I was just about to say 5he same thing, just much less eloquently

 

You did mention expunged I trust there was nothing in this case that was expunged

 

I also assume this has nothing to do with Afghanistan 

 

[Demise 1,366]

@Boiler Good question whether anything in this case was expunged. Maybe it could be an incomplete expungement like court case didn't show up but the initial arrest did, or maybe they just hassle anyone who trips anything AWA related regardless of the outcome, or maybe there is another convicted pedophile with similar enough name and DOB who tripped the initial review, and then fingerprints dug up the old charges.

 

Anyways also @HowManyLettersFit, to answer the bullet pointed questions:

1. Don't bother. In this case it all hinges on the fact that there was no conviction. Narrative would matter more in case where you need a no-risk determination where mitigating factors matter. So just say as little as you need to.

2. No, USCIS already sends the ones they take to the FBI.

3. Again don't bother for the same reason, that's the kind of stuff that'd matter if you actually needed the no-risk determination.

[HowManyLettersFit 0]

2 hours ago, Demise said:

specifically a conviction for such an offense (INA 204(a)(1)(A)(viii))... 

 

Demise, thank you for the reply as this is what I was hoping to see (or a good reason I shouldn't do something like this). I also appreciate the template. Is (INA 204(a)(1)(A)(viii)) the correct/only section of AWA i should call out, or should I mention others?

 

2 hours ago, Boiler said:

I trust there was nothing in this case that was expunged

I also assume this has nothing to do with Afghanistan 

 

I never asked for anything to be expunged after the fact. Is there another item I should hunt down while I'm at the courthouse? No my wife isn't from Afghanistan nor am I, accidental profile input. Thanks for the reply.

 

2 hours ago, Demise said:

@Boiler Good question whether anything in this case was expunged. Maybe it could be an incomplete expungement like court case didn't show up but the initial arrest did, or maybe they just hassle anyone who trips anything AWA related regardless of the outcome

 

 

 

I never made any request for anything to be expunged, but I don't know what motions my public defender filed after the verdict, it's all a blur. There were two bullet points on the USCIS officers list. (1) First bullet point had the original indictment date and charges and acquittal date. (2) Second bullet point had the superseding indictment date and final charges, and the same acquittal date (only 1 trial). They were clearly already aware of the final outcome and the result/judgement wasn't ambiguous like a case being dropped. Perhaps it's because a not guilty verdict is a rare outcome, but I suspect it is to hassle anyone who trips anything AWA related regardless of the outcome or if it's ambiguous. It is also not in the Vermont Service Center which is what I heard happens. 

 

2 hours ago, Demise said:

maybe there is another convicted pedophile

I'm not convicted or a pedophile. They would check for SS# area of work history and other things etc if there were some mistaken identity situation. Thanks for your help. 

[Boiler 46,399]

To state the obvious you need to make sure you have your i's dotted and t's crossed

[JeanneAdil 6,727]

you didn't disclose the arrest with the documents of the court and dispostition ?

then AWA is not your only issue

 

you were not honest on the petition and that is serious also 

 

Get a lawyer.  Not a consultation but actually hire a GOOD immigration lawyer / its not DIY time

[appleblossom 3,433]

16 minutes ago, JeanneAdil said:

you didn't disclose the arrest with the documents of the court and dispostition ?

then AWA is not your only issue

 

you were not honest on the petition and that is serious also 

 

Get a lawyer.  Not a consultation but actually hire a GOOD immigration lawyer / its not DIY time

 

As the OP said in his opening post, there are no questions about criminal history on the I-130 form. It’s only the DS-260 when that is relevant and he’s not reached that point yet. 

[Demise 1,366]

4 hours ago, HowManyLettersFit said:

I'm not convicted or a pedophile. They would check for SS# area of work history and other things etc if there were some mistaken identity situation. Thanks for your help. 

 

 

Sorry, I mispoke, wrote that post at like 5 am while keeping one eye on something else. What I meant is more maybe you have a common first and last name, maybe there happens to be another individual with similar enough name/dob to you who was in fact convicted.