Sex Offender Applying for K1

[ShadMot 1]

When I was 19 years old, I had a 16 year old girlfriend and was charged with having sex with a minor. I know the general public's perception of a sex offender is a child molester or rapist but I am neither. And it bugs me to no end that I somehow ended up being grouped in this category. I was a teenager with a teenage girlfriend that happened to be a little younger than me. I was given a 6 month jail sentence for this. I am 25 years old now and have not committed any crime since nor do I ever plan to. I have met a wonderful woman overseas and wish to be with her but due to the Adam Walsch Act I'm wondering if I would be able to get a K1 Visa. Or if I have any chance to bring her over at all. I really wish to be with this woman but am scared that I might not be able to. Any advice or information would greatly be appreciated. Thank you.

[danielle46901 0]

When I was 19 years old, I had a 16 year old girlfriend and was charged with having sex with a minor. I know the general public's perception of a sex offender is a child molester or rapist but I am neither. And it bugs me to no end that I somehow ended up being grouped in this category. I was a teenager with a teenage girlfriend that happened to be a little younger than me. I was given a 6 month jail sentence for this. I am 25 years old now and have not committed any crime since nor do I ever plan to. I have met a wonderful woman overseas and wish to be with her but due to the Adam Walsch Act I'm wondering if I would be able to get a K1 Visa. Or if I have any chance to bring her over at all. I really wish to be with this woman but am scared that I might not be able to. Any advice or information would greatly be appreciated. Thank you.

Do you have to register as a sex offender? Did you get convicted of a felony?

[ShadMot 1]

Do you have to register as a sex offender? Did you get convicted of a felony?

It is a felony and I do have to register. I live in a state with very tough laws on statutory rape. However recent court decisions have ruled that my offense should not be a registered offense so I did get a lawyer and have a pending case to remove my registration requirement since it seems the law has changed now. If I was convicted of the exact same charges today, I would not have to register but back when I was convicted, it was a required registered offense.

[t0+ 1]

It would not matter if this was a felony or if you are required to register, the Adam Walsh Act is very broad in its definition of what convictions apply.

If you haven't already, read this memo:

http://www.uscis.gov/files/pressrelease/Ad...shAct020807.pdf

It is meant as guidence for adjucators when a petition falls under the Adam Walsh Act. Based on some of the posts I have seen here and my observations on how USCIS processes cases, although possible, you'll have to expect an uphill battle every single step of the way. Your petition will be forwarded to a local office for adjucation. There you will be scheduled for fingerprinting, as well as RFE'd for all information pertaining to your case (police reports, court dispositions, etc.) Also expect to build a strong case of monumental proportions on your rehabilitation, since the responsibility is on you to overcome the assumed risk to the benificiary.

You'll also have to expect delays at every step. USCIS tends to drag out cases that require research on their part. The other thing is that IMBRA also affects your petition. I beleive with IMBRA, all documents that pertain to your conviction will have to be translated and disclosed to the benificiary. I beleive this conviction would also fall under IMBRA.

Both IMBRA and the Adam Walsh Act are fairly new, so there may not be many, if any cases, similar to yours that have been adjucated. So even attemting to gauge the success of a strong case may be difficult.

Edited July 11, 2008 by t0+

[Dakine 26]

Go for a CR {I-130] and from what I understand you won't have to deal with the Adam Walsh trip!

[payxibka 10,045]

Go for a CR {I-130] and from what I understand you won't have to deal with the Adam Walsh trip!

This is not correct!!!

If Adam Walsh did not impact I-130's then when it went into effect none of the DCF filed petitions would have been affected. However, it is a well known fact that all consulate filed I-130's were immediately halted and all had to be sent to the USCIS to be cleared.

[1HappyGuy 45]

In your case, I would definitely recommend use of a very skilled immigration attorney. You need to have everything exactly right and be prepared to show an unblemished record since then. If you have any real problems, it would probably help to consider congressional help. However, any congressman or senator will have to either know you or have some strong personal recommendations from others before they would attempt to influence your case.

No matter what, you need to inform your fiancee of the entire circumstances of your offense and conviction. IMBRA was designed exactly for cases like yours. The Adam Walsh law just makes it much more difficult.

I think you should plan for a long period before any decision will be made. Best of luck. It's too bad that many of our laws take a shot gun approach to adjudication. Our judges use to have more leeway in interpreting the law. The world is not black and white but full of shades of gray.

[Ray and Geraldyn 0]

I would definitely agree that you should read up on the Adam Walsh law, as it may help in your decisions that you make. As to this law making it imposable for you to be with the beneficiary,I would hope not! Nothing is imposable...it may not be an easy road,but with no positive posts on this subject or any post from someone that may have already been through it (which I could bet there is if they had enough hair on there ### to post) it could really help out. There are thousands of Petitions out there that may have similar circumstances and I am not going to believe that they are all being denied or that everyone has retained an immigration lawyer. All I can say is if your Fiancee knows everything and you love each other...don't give up!! My situation may be a little different in saying this last part because we have a baby on the way, but I am very proud to be an American and who I am.....but I would not think twice about moving there to take care of my future wife and our child!!!

[AW Petitioner 1]

Hi - There seems to be much speculation and misinformation here. I am an Adam Walsh Petitioner ! The law is so new even the immigration lawyers do not know how to interpret it. Let's share our experiences and stick to the facts !

The term "Sex Offender" is so broad and this catch all law really makes no sense, regardless of the motivation for wanting to protect women and children. There was no thought given to individuals who may have minor offenses, one-time offenses, completed treatment programs, etc...

Please share your experiences if you are a petitioner, let's help each other ! What strategies have you employed? Has anyone received a denial? Is there an appeals process? Waivers?

I will not give up I have the right as a U.S. citizen to be with my loved one

[dawgofwar71 0]

I would definitely agree that you should read up on the Adam Walsh law, as it may help in your decisions that you make. As to this law making it imposable for you to be with the beneficiary,I would hope not! Nothing is imposable...it may not be an easy road,but with no positive posts on this subject or any post from someone that may have already been through it (which I could bet there is if they had enough hair on there ### to post) it could really help out. There are thousands of Petitions out there that may have similar circumstances and I am not going to believe that they are all being denied or that everyone has retained an immigration lawyer. All I can say is if your Fiancee knows everything and you love each other...don't give up!! My situation may be a little different in saying this last part because we have a baby on the way, but I am very proud to be an American and who I am.....but I would not think twice about moving there to take care of my future wife and our child!!!

RAY, i have to whole heartily agree with you!! if you love her that much , that your willing to travel around the world to see her. your not going to give up that easily. at least i wouldn't!! I WOULD FIGHT..

[pushbrk 12,882]

When I was 19 years old, I had a 16 year old girlfriend and was charged with having sex with a minor. I know the general public's perception of a sex offender is a child molester or rapist but I am neither. And it bugs me to no end that I somehow ended up being grouped in this category. I was a teenager with a teenage girlfriend that happened to be a little younger than me. I was given a 6 month jail sentence for this. I am 25 years old now and have not committed any crime since nor do I ever plan to. I have met a wonderful woman overseas and wish to be with her but due to the Adam Walsch Act I'm wondering if I would be able to get a K1 Visa. Or if I have any chance to bring her over at all. I really wish to be with this woman but am scared that I might not be able to. Any advice or information would greatly be appreciated. Thank you.

Please clarify whether you are the US Citizen or the foreign fiance. As a US Citizen you would never need or be granted any visa to the US. As a foreign fiance and sex offender, the challenges will vary considerably from being the US Citizen petitioning for their foreign fiance's privilege of applying for a visa.

At the very least, expect significant delays.

[ShadMot 1]

The term "Sex Offender" is so broad and this catch all law really makes no sense, regardless of the motivation for wanting to protect women and children. There was no thought given to individuals who may have minor offenses, one-time offenses, completed treatment programs, etc...

I really don't understand how because of my offense, I'm somehow restricted from being with an adult woman. Meanwhile if one were to have been convicted of battery of a former spouse, that person would have a significantly higher chance of getting their K1 approved than I would even though that charge would be far more relevant.

Does anyone know of pending cases challenging the constitutionality of the Adam Walsh Act preventing sex offenders from filing K1? I'm sure such cases must exist. It seems this act infringes on the legal right to marry.

[ShadMot 1]

Please clarify whether you are the US Citizen or the foreign fiance. As a US Citizen you would never need or be granted any visa to the US. As a foreign fiance and sex offender, the challenges will vary considerably from being the US Citizen petitioning for their foreign fiance's privilege of applying for a visa.

I am a US Citizen.

[AW Petitioner 1]

Shadmot *** Yours definitely sounds like a case where this law should not apply, I believe I am in the same category ! How can we find out if some case law exists? Do you think if we call our Congressman or reps they can give us some idea of our chances?

I am dedicated to this cause and willing to fight Let's get the ball rolling ! I will commit to contacting my Congressman this week and will report back to the group. Anyone else want to do some specific research and report back with facts and NOT speculation? The laws may vary from state to state, we should keep that in mind

[ShadMot 1]

Thank you to all those that have given advice. I am considering hiring an immigration attorney. Anyone know the approximate cost for one? While my previous offense shouldn't have any relevance to me being with an adult woman, at least in my eyes, the Adam Walsh Act makes it my burden to prove that I won't be of any harm to the benefiary. But I have no clue just how large of a threshold I would have to meet. I will do everything I can as this is the most important thing in my life. But I have no idea what I would do if this ended up being denied.

Edited July 13, 2008 by ShadMot