What do you think will happen? Wavier or confession?

[Angie Y Shane 2]

This question has made attorneys unsure about the right answer. Well it's time that I ask those who may know. I was convicted in 1997 for a crime of a girlfriend under age that was dishonest with me. We had a relationship and had a child together. Long story short there was no act of violence or force. Now I seen on the I-129F form you have to disclose any convictions that are sexual related crimes. I have spent much time calling attorneys and found that most did not know, and some said that it is not a reason for denial. So I hired and attorney that said go with the I-130 no disclosure is required to put any criminal convictions on the petition. I also was told that it's important my wife knows the story, which she knew before marriage. My I-130 is now pending and I’m praying and hoping that the attorney’s I spoke with are right? The I-130 does not have much bearing of criminal background checks on the U.S. citizen but only checking for past filing of any USCIS petitions. Does anyone think I will need to file a wavier or hardship letter for this type of crime? What is the difference between the questions of the spousal I-130 and the K-3 process?

I’m really counting on you guy’s here to have some sort of strong indication what to expect or maybe I do not have to worry for nothing. Again this was 11 years ago and a girlfriend that was dishonest with me.

[stinger157 0]

This question has made attorneys unsure about the right answer. Well it's time that I ask those who may know. I was convicted in 1997 for a crime of a girlfriend under age that was dishonest with me. We had a relationship and had a child together. Long story short there was no act of violence or force. Now I seen on the I-129F form you have to disclose any convictions that are sexual related crimes. I have spent much time calling attorneys and found that most did not know, and some said that it is not a reason for denial. So I hired and attorney that said go with the I-130 no disclosure is required to put any criminal convictions on the petition. I also was told that it's important my wife knows the story, which she knew before marriage. My I-130 is now pending and I’m praying and hoping that the attorney’s I spoke with are right? The I-130 does not have much bearing of criminal background checks on the U.S. citizen but only checking for past filing of any USCIS petitions. Does anyone think I will need to file a wavier or hardship letter for this type of crime? What is the difference between the questions of the spousal I-130 and the K-3 process?

I’m really counting on you guy’s here to have some sort of strong indication what to expect or maybe I do not have to worry for nothing. Again this was 11 years ago and a girlfriend that was dishonest with me.

Once you are convicted you have to state it. They are performing background checks.

So what do you think will happen if you are dishonest and they find it out?

It varies if you are the petitioner or the beneficiary. Are you the petitioner the denial is the worst thing that can happen to you. Are you the beneficiary they can deny your visa, remove you from american soil when they find it out later when you are legal permanent resident or revoke your citizenship and deport you if they find it out once you are a US-citizen.

You were not clear if you are the petitioner or the beneficiary.

[Angie Y Shane 2]

I'm the petitioner and my wife knows what I have done in the past. My question is what is to be expected you think? Should I be worried of denial of our application processing through the service center. Again there is no disclosure of this on the I-130 for any prior convictions.

Once you are convicted you have to state it. They are performing background checks.

So what do you think will happen if you are dishonest and they find it out?

It varies if you are the petitioner or the beneficiary. Are you the petitioner the denial is the worst thing that can happen to you. Are you the beneficiary they can deny your visa, remove you from american soil when they find it out later when you are legal permanent resident or revoke your citizenship and deport you if they find it out once you are a US-citizen.

You were not clear if you are the petitioner or the beneficiary.

[archie07 0]

I'm not sure on the I 130, perhaps someone else knows, but a K visa I think is out. I suggest you read the Adam Walsh Act.

[Craig_Karina 0]

Hello whitteds,

The responses you receive from members here on VJ will be just opinions...and not necessarily correct. As such, it seems that you have taken the correct course of action by hiring an attorney to work with you on this. Personally, I am not a big fan of attorneys...but, in your situation it seems very prudent. On the I-130, answer the questions as they are asked...volunteer no information. You are not required to file an I-129f with your K-3 petition...you can stick with the CR-1 process. It is a little longer but less costly AND your wife will be able to work immediately upon arrival...if this is important to you.

The I-130/I-129f route is like having "two horses in a race" and you must pick the winner. With just the I-130, you have aready made your choice. Not a bad choice either. I disagree with the poster who said something on the order of "the K-VISA is out." How else would you get your wife here? Your ONLY choice is the K Visa...as far as I know. But, what do I know? There are a lot more people on this site with much more knowledge than I. I think you are doing the right thing with your attorney.

Good Luck

Craig

[archie07 0]

Immigration Components of the Adam Walsh Act

May 2, 2007

In recent years, outrage over crimes against children has led many states to enforce a variety of laws aimed at protecting children from child predators. One such law, the Adam Walsh Child Protection and Safety Act ("Adam Walsh Act") was signed into effect in the past year and several of its immigration provisions have been implemented in the field in recent months. The law is aimed to provide further protection to children from sexual exploitation, violent crimes, child abuse, child pornography and to further promote internet safety. The law not only guides states in the creation of a national sex offender registry and makes failure of sex offenders to register a felony, but also extends into the sphere of immigration.

Title IV of the Adam Walsh Act seeks to provide protection to unsuspecting immigrants who may be unaware of the criminal past of their petitioner. The law now prohibits any U.S. citizen or lawful permanent resident who has been convicted of any "specified offense against a minor" from filing any type of family-based immigration petition for any beneficiary, regardless of age. This includes fiancé petitions, Form I-130, Petition to Classify Orphan, Form I-600A and I-600. However, this prohibition for an individual petitioner may be waived if the Secretary of Homeland Security's determines that the petitioner poses no risk to the beneficiary.

The Adam Walsh Act defines a minor as a person who has not reached the age of 18 and a "specified offense against a minor" as any of the following:

Kidnapping,

False imprisonment,

Solicitation to engage in sexual conduct,

Use in sexual performance,

Solicitation to practice prostitution,

Video voyeurism (use of a webcam to watch children)

Possession, production, or distribution of child pornography,

Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct, and

Any conduct that by its nature is a sex offense against a minor.

The Adam Walsh Act also states that any alien who is convicted of failing to register as a sex offender, is deportable. This does not just apply to those offenders who committed a sexual offense against a minor, but any sex offender, regardless of the age of their victim.

[NavarreMan 10]

This question has made attorneys unsure about the right answer. Well it's time that I ask those who may know. I was convicted in 1997 for a crime of a girlfriend under age that was dishonest with me. We had a relationship and had a child together. Long story short there was no act of violence or force. Now I seen on the I-129F form you have to disclose any convictions that are sexual related crimes. I have spent much time calling attorneys and found that most did not know, and some said that it is not a reason for denial. So I hired and attorney that said go with the I-130 no disclosure is required to put any criminal convictions on the petition. I also was told that it's important my wife knows the story, which she knew before marriage. My I-130 is now pending and I’m praying and hoping that the attorney’s I spoke with are right? The I-130 does not have much bearing of criminal background checks on the U.S. citizen but only checking for past filing of any USCIS petitions. Does anyone think I will need to file a wavier or hardship letter for this type of crime? What is the difference between the questions of the spousal I-130 and the K-3 process?

I’m really counting on you guy’s here to have some sort of strong indication what to expect or maybe I do not have to worry for nothing. Again this was 11 years ago and a girlfriend that was dishonest with me.

The instructions:

7. What Documents Do You Need to Comply With the International Marriage Broker Regulation Act?

A. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

3. Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your petition pursuant to section 833(a)(5)(A)(ii) of IMBRA. In addition, pursuant to section833(a)(5)(A)(iii) of IMBRA, any criminal back ground information pertaining to you that USCIS may discover independently in adjudicating this petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You should also note that under section 833© of IMBRA, the name and contact information of any person who was granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by the petitioner, will remain confidential but that the relationship of the petitioner of such person or victim(i.e., spouse, child, etc.) will be disclosed.

B. If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa.

If you have committed a violent offense and seek a waiver, you must attach a signed and dated request for the waiver, together with evidence that extraordinary circumstances exist in your case, i.e., that you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time you committed your violent offense(s), you were not the primary perpetrator of violence in the relationship, and:

1. You were acting in self-defense;

2. You violated a protection order intended for your protection; or

3. You committed, were arrested for, were convicted of, or plead guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime committed and your having been battered or subjected to extreme cruelty.

Examples of such evidence include, but are not limited to:

Police reports;

Court records;

News articles;

Trial transcripts.

Applicants may submit any credible evidence that is relevant to the request for such a waiver.

Your OP mentions the I-130. There seems to be no requirements for dissemination of this sort of information in the instructions for the I-130. The I-129f however is quite explicit and the instructions are above. Here are the main points of your question:

1: Was there a conviction? You say yes but you have not stated the charge or if there was a reduction due to plea.

2: The information is required. No if's and's or but's.

3: Does your conviction fall into one or more of the crimes listed in 7(A)(1) or 7(A)(2) (items in red)? If so then these rules apply to you and your conviction must be reported.

4: A conviction does not necessitate a denial of benefits. They will weigh the information and decide. The information will be given to your SO so honesty would be best.

As always, when in doubt, consult a lawyer, which you have already done. This really depends on what the charges were and the disposition of the case.

Good Luck.

In reference to the above post re: the Adam Walsh Act, this should have no bearing on your issue. What does count is whether what you were convicted of constitutes one of the crimes listed in red. Your Court documents will show what you were actually convicted of. Your original charge may have violated a potion of the Adam Walsh Acts or any number of other laws but you have not supplied that information and it is not necessary for you to do so. Take that up with your lawyer.

Edited October 15, 2007 by NavarreMan

[NavarreMan 10]

.

Edited October 15, 2007 by NavarreMan

[NavarreMan 10]

I stand corrected. If what Archie07 sited is true, then it looks like any application you submit may be in jeopardy due to the Adam Walsh Act and it's affect on the immigration process. I will look into this, but it appears that Archie07 has found info that is not good for your case.

Again most of this will depend on exactly what you were charged with and convicted of.

Sorry Archie07, I did not fully read your post before sending in my edit to my last post.

[NavarreMan 10]

Holy cow! Every one in the world wanted to have something to do with this. After a little more research I find that not only is there the Adam Walsh Act to contend with but a whole slew of other Bill's that were proposed, some passed, that resulted in a multitude of laws that cover this area. An attorney is a must if you want to proceed.

To keep it simple I would follow the instructions TO THE LETTER. You may still run into difficulties if your conviction is one of those crimes in red. It may stop you dead in your tracks. I learn something new everyday. Unfortunatley what I learned today is not what you wanted to hear. It is what it is. See if your attorney can slither his/her way through all of this. Good luck.

[archie07 0]

Exactly, the law is new and I don't think many lawyers have run across it yet. That may be why his lawyer was unable to advise him.

[Angie Y Shane 2]

Thank you for you’re input. In my case is much a very complicated situation. I have spoke with my attorney today about my case. She said the Adam Walsh ACT law is kind of a hit and miss for depending on the circumstances of the crime. My charge was a RAP 3 and sexual delinquency to a minor, Class C felony & Misdemeanor. The facts of my charges were not against a child by force or abuse. It is clearly stated that my crime was completely consensual. I had a child with the minor and she was 16 years old. In this state they call it only RAPE 3. In other states they call it Statutory RAPE.

The positive things I have going that I have found for my chances here to win this situation is one; I have full custody of my children now. Two my crime committed was not an act of violence or abuse to a child. The Adam Walsh act is strictly concerning child predators and molesters. My wife is very aware of my history. Also my crime was no prison time but only probation. This was 11 years ago in 1997. I was about 21-22. There is also a wavier for this if it comes about. The only thing I really hope for is that we get past the stage of the petition being approved first. My attorney said that I do not have anything to be worried about. She claims that she has dealt with worse sex crimes and got families here. All I can do is take her word for it and put in the extra praying time.

I do have allot of fear that this could stop me in my tracks with a denial period, due to the Adam Wash act. The new law is so new and many have not experienced this. I do ask for others to continue their feedback. I could use the positive feedback for the most. Right now I'm not sure whether to start planning to move my two sons and me to Colombia or sit tight and remain positive? But WOW my past may have screwed me all together.

[archie07 0]

The law reads Any conduct that by its nature is a sex offense against a minor. Although there wasn't any violence involved the girl was a minor and you were convicted of rape 3. That is what I would be concerned with. Have you researched the law? I believe it says K visa petitions are not an option. Keep in mind lawyers are treading in new waters with this law and you very well may be this lawyers first case involving the Adam Walsh Act. This law also states you can file an I 130 with a waiver, and depending on the circumstances there is a possibility of an approval. I wouldn't give up, your lawyer sounds confident. Apparently this is a case of someone 18 or older with a 16 year old girlfriend and someone pressed charges. I hope your lawyer is good with waivers. What type of visa application did she advise you to file?

[Angie Y Shane 2]

You are right there is some hope here. I see from what the laws are saying is one that my wife has no children, that is a plus. Two there is no act of abuse or worry their. It does state that if the reviewing officer feels there is no harm against my wife then i should be fine. But the only scary impact is delays.

I had probably about 10 consultations of this issue with attorney's before I hired one. Most of them said go with the I-130 petition, it does not state anything about convictions to disclose. So I went with the I-130 petition and I'm still pending. I'm going on 5 months now. I'm going tomorrow to the court house and getting my prior convictions and a letter from the defense attorney stating my crime was completely consensual and the judgments from the court. I may even get a letter from my wife stating she is not concerned of my history and does not feel threatened by me or concerned. also a witness letter that is aware of my criminal charge and knows it was dishonest by the minor girl.

All I can do at this point is pray for the best. Maybe nothing will happen ether, being a fact my wife does not have children.

or the worst thing is i may be stopped dead in my tracks with the most horrible news of my life. Goodbye America and me and my two sons will have to live in Colombia and make life of that world, please God no!!!!

Edited October 16, 2007 by whitteds

[archie07 0]

Under the Adam Walsh Act, U.S Citizens and lawful permanent residents (green card holders) who have been convicted of any "specified offense against a minor" are prohibited from filing any family-based immigrant petition on behalf of any beneficiary, unless the Secretary of Homeland Security (DHS) determines (in DHS's sole and un-reviewable discretion) that the petitioner poses no risk to the beneficiary. In other words, the petitioner would need to obtain some sort of "waiver" in order to petition family members.

The Adam Walsh Act also prohibits U.S. Citizens convicted of these crimes from petitioning spouses or fiancés for a "K" non-immigrant visa (i.e.: may not file a fiancée visa).

This was the part of the law that I was concerned with when you mentioned the K visa. I wasn't sure if you were aware of this. Apparently you had already researched the law and filed the I 130. IMO the conviction doesn't constitute an act of violence, although it does fall under the act. Also IMO, the fact the act was consensual and you have documentation of this, I don't see where you pose a threat to your spouse. That is only my opinion. If this issue is addressed by the USCIS your lawyer is prepared to file a waiver . 5 months into this process you should hear something soon. Lets hope for an approval. Please let me know how this all plays out. Archie