ForumTitleContentMemberSexCountryDate/Time
IMBRA Special TopicsNo Decision on our Answer to NOID
I hope you the best of luck and that they return soon.

The good part is you are together here.



Most of us have our loved ones overseas still.
I have been in back ground checks since before November 2009

My attorney and my congressman both state there is no given time frame for any background checks they execute and they can take as long as they like or is needed because no precedence has been set to force a time constraint.
evli1966MalePhilippines2012-03-31 21:46:00
IMBRA Special Topicscourt record for AWA
After obtaining all records you can flag all disposition records by using tabs.

They need all the records to review but this allows them to know which pages bring to bear the courts response to your case.

I had a pretty serious case but my court records were not that extensive or expensive.

I included all probation records and dispositions as well.
evli1966MalePhilippines2012-05-15 08:06:00
IMBRA Special TopicsAILA involvement

Are you from Indianapolis Evil? So you are aware of this.... http://newsone.com/2...-sex-offenders/

Just curious, this is just the right on being on Facebook and social network sites. am I right? Nothing has been publicized about how immigration's deals with AWA case on marriage to foreign spouse. the statement you said ..."USCIS use practices which are questionable when it comes to AWA cases or do not practice any sort of transparency for checks and balances. Which leads to the question of what other practices are questionable."





I do not live there I am couple hours away.

This is what supporters believe their censorship of all FSO does.

Supporters of the bans say they target repeat offenders such as a Maryland man charged with extorting a 16-year-old girl Indiana girl to perform sexual acts during video chats. He was free on bond when he was accused of doing the same thing to more underage girls.

While I may agree with the ban on repeat offenders or the most dangerous the blanket law covers all i.e. Romeo&Juliet cases, college kid arrested for mooning someone; someone cuaght urniating in public etc.

The truth is less than 4% of all SO are repeat offenders.
evli1966MalePhilippines2012-05-31 07:52:00
IMBRA Special TopicsAILA involvement

Anybody knows if AILA is involved in discussing AWA case with USCIS recently?



I have not heard nor ready anything.


The last time they inquired USCIS shuffled cases to head off any questions regarding time frames as they do when any officials try to pin down their practices.

USCIS works with in the law

In my opinoin

USCIS use practices which are questionable when it comes to AWA cases or do not practice any sort of transparency for checks and balances.

Which leads to the question of what other practices are questionable.
evli1966MalePhilippines2012-05-22 00:58:00
IMBRA Special TopicsAnyone had any movement on your Adam Walsh Cases?
Ombudsman sent me a letter yesterday stating they are now inquiring about my case.

We have reached the 3 year point.
evli1966MalePhilippines2012-05-31 07:55:00
IMBRA Special TopicsAnyone had any movement on your Adam Walsh Cases?

In what way would the US children increases the risk to the beneficiary? Hmmmm....



I agree this wording needs to be given to the attorney.
evli1966MalePhilippines2012-01-10 06:49:00
IMBRA Special TopicsAnyone had any movement on your Adam Walsh Cases?

The Ombudsman emailed me and said a "decision has been made on my case' !!!!!!!! But, online the status still shows as initial review. But lets hope its correct and positive!



I am Praying for you!
evli1966MalePhilippines2011-12-27 19:41:00
IMBRA Special TopicsAnyone had any movement on your Adam Walsh Cases?

We married in June 2010. Filed I-130 & I485. Biometrics in August interview in September 2010.
Received RFE at interview - provided Court documents by end of November. June EAD & AP renewed
for one year (2012). NOID received September 2011 - time to reply October 2011. Provided
Psychological Report and letter from Probation Officer. Nothing has changed online since November
when we received NOID. Nothing saying that we received NOID, nothing that we replied to NOID or
if it has been forwarded from our state to Vermont. Not sure if we'll get approved or denied or
how long it will take. But as long as they don't deny us I can continue to renew my work permit,
continue to work and live with my husband. Not great that I can't leave US and travel to see
my family, but they can come here I guess.


You are in our Prayers for success!
evli1966MalePhilippines2011-11-30 21:44:00
IMBRA Special TopicsAnyone had any movement on your Adam Walsh Cases?

I filed in the usa back in july of 2009, since it has taken them years with no movement on my case i finally had no choice but to move to the philippines. I have a new job , and i can get a co sponsor if needed but i dont think thats going to be an issue. But we will cross that bridge if we ever come to it. I gave them my updated tax information when i applied, i sent tax years 2004,05,06, 07 and 08 for good measure. Not sure what to tell them if they want more than that, as i sent what was required at the time i filed (not my fault they are dragging it out)

Ive called my senator so many times, it does no good for me

My lawyer doesnt help either

They keep telling me its background checks but last year they told me the background checks were complete. So i dont know what is going on

I changed jobs so i could support my wife and be with my wife , i left my home country and everything I own to be with her as a normal married couple. If that isn't proof enough of dedication then i dont know what is.

Also i feel they have no right deny us, because we are living together now in the philippines it shouldn't matter if its just the same in the usa.



Wow I filed in June 2009 and have had the similar follow up.

Cogressman and Attorney say it is in Background checks...I say ok and...... 3 years running you have not found anything and you are not going to besides the disclosed case.

I get told they can take all the time they want.
evli1966MalePhilippines2011-11-28 22:42:00
IMBRA Special TopicsAnyone had any movement on your Adam Walsh Cases?
No word been in back ground checks since 9/09.

According to my Attorney and Senator's Representative they may take all the time they want to do back ground checks.

At one point they said they were waiting on informationto be returned to them this was over a year ago.

I feel they try to find something and when nothing turns up they try again and again.

I also believe that they are finding the laws; rules and regulations are nothing more than slippery slopes especially when they are finding people meeting the almost impossible task of proving no risk to the future spouse.

It seems most denials are due to someone not getting the required eveidence in on time or failing to disclose.

it is just another aspect of the AWA which is failing to be upheld by courts of law.
evli1966MalePhilippines2011-09-28 05:54:00
IMBRA Special TopicsUSCIS teleconference AILA
More like they made statments or answers that can not be confirmed because there is no transparency to what they are doing behind doors.

What about people like us who are working on 2 years of back ground checks
evli1966MalePhilippines2012-09-20 22:00:00
IMBRA Special TopicsAdam Walsh Act?

Anyway, would this assessment saying he's of no threat to the general public be enough for the Adam Walsh Act? What else could we use? Statements from people we know? Could I write a letter? The guy wouldn't hurt a fly. I have emotional/psychological issues myself and I'm the one who causes all the drama in the relationship, but he's so patient and understanding. I just wish they could see that for themselves. I so afraid they will deny immigration. I miss my husband to death.


Ok how why when or where no longer matters.. The facts you face is he is a registered sex offender or a FSO. I just want to clear that up; not juding anyone as I would be the last one to judge anyone as I am a FSO.

Good he finished his term and parole; doctor says he is not mentally unstable; his assesment in your words is no threat (I believe you please bear with me); you trust and feel safe with him

Bad is he did not finish the offender treatment program



Lets answer your questions:

1. Have you read the assesment? Any doctor writing an assesment based on past history and current history would state "little to no threat to public and or possibly named persons" as mine did; with a clause unlikely to reoffend.
Stating otherwise makes them liable to any future harm to anyone by the person being assesed. This wording is as good as it gets if his assesment in fact does state what you say above then even better.

So yes it is sent as evidence.

2. Absolutley write a letter and have your family and his and friends and church members etc. write letters have how they know him and why they trust him. Keep the letters away from the "he deserves a chance or he did his time..etc.." have each person certify each letter to prove they wrote the letter.


3. Work history and his ability to take care of you with out the assistance of others or the government

4. use his parole history

5. what was his last review in the offender treatment program can he get access to it?

FYI your emotions are not of whack and most likely niether is his..you both handle situations differently.

The agents adjudicating our cases have little to no back ground in working with sex offenders except for the checklist they have and controlled seminars they attend. The strict rules given to them that no one else knows allows for little input from us or them except they can mark something as not acceptible and we would not see it.

There are no guarantees and having a great attorney costs alot and does not improve your chances much; it just ensures the correct information is recieved on time.


Good Luck with the process.
evli1966MalePhilippines2012-11-09 16:15:00
IMBRA Special TopicsQuestion regarding IMBRA?
If I am not mistaken IMBRA applies to everyone whetehr convicted of a criminal act or not.

It has more to do with how you met your significant other and began that relationship.
evli1966MalePhilippines2012-12-19 18:40:00
IMBRA Special TopicsAILA - USCIS - Adam Walsh Topic
Kaz

I am sorry to here of the trouble with DCFS the 3rd most powerful government agency in the USA following DHS and then FEMA(which may fall under DHS now).

3 things going forward:
1. never Ever EVER meet with these agents alone, they do not have the right to come into your home unanounced or ask questions unanounced unless they see actual danger in the home. They need warrants served by police.; I recommend an attorney present at each visit. If an attorney is not present I recommend your minister or religeous leader be present at minimal have a 3rd party friend present taking notes. let me say that again taking NOTES

2. Never trust these people as their agenda will not be the same as yours. The may state they work in the interest of the family but the laws that mandate their actions are mostly barbaric.

3. Pay to have a risk assesment done by a qualified Psychologist. Their statements and conclusions out weigh what any this woman would have to say about this situation. costs are $700-$1000.



Some things to remember the 3rd party must be there to support your family and an attorney would do that and shut down any thing the woman does against your families rights.

If the third party no matter who it is begins to discuss with you there may be issues.....

If the risk assesment agrees with the agent.....
evli1966MalePhilippines2012-12-19 19:21:00
IMBRA Special TopicsAILA - USCIS - Adam Walsh Topic
I do not think the board itself has a say in what happens as the vague answers they are given shows USCIS does not answer to them.

What does happen is those answers open the doors to the ACLU cases they USCIS is trying to avoid.

by not answering also opens a can of worms that ACLU would use against them.


but the ACLU is not stupid everyone sees the BS the USCIS is hiding and when it does open up there will be top officials pointing fingers up the ladder and down the ladder.
evli1966MalePhilippines2012-11-09 16:23:00
IMBRA Special TopicsDissmissed charges count as convictions?

For a k1 visa? What is your source for petitioner must list arrests? OP, did you ever ask a lawyer about this? I know it's been a while since you posted this.


My apologies

If you fall under the AWA you will need to list all Arrests for any charge no matter the disposition of the case.

USCIS will request in the RFE certified copies of all arrests.
evli1966MalePhilippines2012-12-19 18:37:00
IMBRA Special TopicsDissmissed charges count as convictions?
If you were ever convicted yes


All arrests you must list even if charges dropped or dismissed or expunged.
evli1966MalePhilippines2012-11-09 16:18:00
IMBRA Special TopicsHow long does the appeal process take?

Have you complained to the Ombudsman yet? This is what got my case finally moving, when i filed my complaint i listed all of the service request numbers and steps i had done . You can file it online

http://www.dhs.gov/x...ure/cisomb.shtm where it says case assistance .




Just filed my complaint
evli1966MalePhilippines2012-03-26 23:57:00
IMBRA Special TopicsHow long does the appeal process take?

My lawyer said that it is about 6 to 12 months wait with BIA before someone even opens a file, because they are behind.
We appealed in Jan 2012.



Ok

I am at 2.5 years now that is 12 months then they open the file


18 months of back ground checks

Is 18 months long enough?
evli1966MalePhilippines2012-03-26 22:26:00
IMBRA Special TopicsHow long does the appeal process take?

Have you complained to the Ombudsman yet? This is what got my case finally moving, when i filed my complaint i listed all of the service request numbers and steps i had done . You can file it online

http://www.dhs.gov/x...ure/cisomb.shtm where it says case assistance .




I will do so thanks
evli1966MalePhilippines2012-03-24 21:17:00
IMBRA Special TopicsHow long does the appeal process take?
I am still in Visa Processing Limbo (Back ground checks--2.5 years and running)


I wish I could give you an answer
evli1966MalePhilippines2012-03-16 22:51:00
IMBRA Special TopicsHow long?

evil, what is your RFE if I may ask?


Very standard

If you intend to prove you are nto AWA then you send evidence refuting the allegation.

If you are AWA and you intend to send evidence you are not a threat then you submit evidence as the following:

1. ALL court records including all minutes and disposition (they all must be certified)
2. All criminal arrests made no matter the disposition of the case(s);
3. all Attorney records for any case (my attorney destroyed records after 10 years.

4. All records of the SORB or in my case SOMB (Sex Offender Managment Board) they do not keep records once you complete registration; they are purged form the system. I feel bad for those that live in the AWA states. I went to each city I lived in and obtained the registration forms I have 3 that could not be found from the first year.

5. Any SO treatment programs you completed. Unfortunately most clinics destroy any files after 7 years.

6. Any Risk Assesment that you would be given; I was never given one so I paid for one in 2010 for this petition. (now they want it certified) BTW it can not be done in 87 days if you work full time.

7. Any letters from family and friends stating you are not a risk (must be notarized)

8. Notarized letter form you and your significant other stating all disclosure and that she feels safe and me stating I would never harm her.

9. eveidence of you doing good works in the community (what if you travel for work as I do every week)

10 any evidence that would show you are not a threat to her.



My original attorney was fired recently after recieving the RFE as he was very ignorant of what to do. Many items on the list were submitted but not notarized or certified. My new attorney is more expensive $3500 just to respond to the RFE and the inital filing of the appeal in the federal appeals court.

If it gets to court I could be looking at $10-20K more.

I am very confident in what this attorney tells me and will not disclose much but after discussing with him our options he was very educated and honest.

The first thing he stated was there are no guarantees.

The second the AWA is unconstituional.

the remaining items we discussed will remain confidential.

If you are interested in the attorney I will provide his information as it was provided to me.
evli1966MalePhilippines2012-12-19 19:01:00
IMBRA Special TopicsHow long?

I am getting this update today:
On October 4, 2012, we transferred this case I129F PETITION FOR FIANCE(E) to another office for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Does this mean they transfered this to Vermont Service Center - the long wait one?


This is normal.

The long wait will start now as the background checks begin.

after your second service call in 6 months envolve the Ombudsman and your Congressman maybe it will help.

We recieved our RFE last week 3.5 years after submitting same timeline as kazuava.
evli1966MalePhilippines2012-11-09 16:31:00
IMBRA Special TopicsHow long?
Please protect your feelings and emotions.

Most of our petitions are or were readily accepted I think it is required and they want the cash you are paying.

The they review and schedule Biometrics(finger prints) of the AWA petitioner.
Then there is an AHA moment in their process were they realize you are telling the truth and you are sent to the BackGround checks dept.

Here in the Back ground checks dept there is no transparancey or checks and balance as to the true nature of what they are doing.

I can not tell you how long it will be as we are still in back ground checks and there are no other criminal activities in my past ( I have the 1 offense; 1 charge; no longer have any requirments from the government) and we are

3 years 2 months running in back ground checks.


so prepare yourselves for possibly a long ride.
evli1966MalePhilippines2012-08-21 21:16:00
IMBRA Special TopicsADAM WALSH ACT WAS BEAT

What exactly is the AWA Waiver? I have never found a form for this.



I do no tthink there is an official form.


It is a written document requesting a waiver from the AWA due to indvidual situations.

It is best written by a knowledgeable attorney who can back the waiver up if litigation is needed.
evli1966MalePhilippines2013-02-26 23:16:00
IMBRA Special TopicsADAM WALSH ACT WAS BEAT

Pleas what's going on now? Did you find a lawyer in A?rizona? did you find any good criminal pshchologist in AZ? do you need a licensed polygraph examiner?

we are going to appeal just search a lawyer fron California... Please help if you some.



Here is who I am using.

$3500 to respond to RFE and file AWA waiver (yes this is needed)

You do most of the leg work or you pay much more than that if you can get sonmeone to do it.



Nicholas Misiti

The Trump Building
40 Wall St., 28th Floor
New York, New York 10005Phone: (212) 537-4407
Fax: (212) 537-4027
Email Address: MisitiGlobal@MisitiGlobal.com


evli1966MalePhilippines2013-02-26 01:53:00
IMBRA Special TopicsADAM WALSH ACT WAS BEAT

We are looking for an attorney, just really hard to find an attorney that even knows about AWA


First we all understand to soem degree your frustration and are willing to help if we can.

Where are you in the process?
try and fill in your timeline.

You say you have been fighting for 3 years so to what stage are you in?

You mentioned a possible criminal background for yourself; do you have any felonies?

Have you actually seen read the court documents for his arrest and conviction? (not throwign doubt at you but you have to be 100%)
Have there been any other allegations (not charges) ever where DCFS would have been involved?

As for an attorney it is expensive and difficult to find one with that type experience especially with alot of interpretation being done by the UCIS adjudicator.

There is lots of information and help here please be patient.

We need to know where you are at in the process before we can actually help you.
evli1966MalePhilippines2010-05-27 17:46:00
IMBRA Special TopicsADAM WALSH ACT WAS BEAT
Hello Crazytime did you have a questions we could possibly help you with?
evli1966MalePhilippines2010-05-27 16:44:00
IMBRA Special TopicsADAM WALSH ACT WAS BEAT

Whats the point of your lawyer if she/he doesn't know anything about AWA? I mean you might as well file it yourself and save the money.


Although an Attorney with experience handling AWA cases would be preferred any attorney that would ensure everything is filed accurately, on time and would most likely prevent you from hurting your case in someother way should be used.

To be honest from my internet search, reading these forums and talking to my attorney there are few attorneys that have what we would consider experience. The law being so new (with consideration of the changes in 2008) that it would be hard to find one.

The issue is not with the law and an attorney understanding it but with a government employee who is being forced to make a decision that was not meant to be theirs to make. (Whether or not an AWA filer is a threat to there soon to be or already spouse and or their families.)
evli1966MalePhilippines2010-05-10 07:36:00
IMBRA Special TopicsADAM WALSH ACT WAS BEAT
I can not give to you any advice in regards to your process I have no experience except for our K-1 process we are still in.

I will say the need for an attorney is there; as with any complicated case I recommend hiring an immigration attorney.

Some would say you do not need an attorney and that may be true but for us having the attorney lowers the stress levels and has helped our process move somewhat quicker than others by being proactive.

Also being new here some may ask what the offense was that made your husband an AWA filer; I do not believe this matters as much and a competent attorney should tell you the risks.

Read through the posts here on VJ and learn what other AWA filers did to be successful.
evli1966MalePhilippines2010-04-30 14:02:00
IMBRA Special TopicsAWA: 3 years married, no greencard yet

Another update.
Today we had Master Hearing again. Yes, my pending case was sent to Court, just a procedure, in case, prosecutor wants to review it. After Court it is going to be send backk to USCIS. SO, hopefully, somebody will start working on it. THe good news for me was that prosecutor proved that they received our reply for NOID.
Judge was not happy with all this tossing a pending case from USCIS to Court and back, since she doesn't see a reason for it. I agree. What for? Just to loose another 2 months, while somebody could be working on it and making a decision?

In 30-40 days I will make another Infopass appointment, to see, if there are any updates...

THe Master hearing was reset for another 6 months to see if there going to be any decision on my 2nd case then.


Thank you fo rthe update.

When did the court start following your case and why?

Would there be a reason for anyone else to go to court besides appealing?
evli1966MalePhilippines2010-08-26 07:04:00
IMBRA Special TopicsAWA: 3 years married, no greencard yet

Thank you.

I just received from the mail the Notice of action of I-130 of my husband and USCIS approved my husband's petition for me.

I can now relax and enjoy the night tonight.


I am so happy for you.

I don't have any more to say except it brings hope to my heart for us.

Be happy and celebrate.
evli1966MalePhilippines2010-07-06 19:27:00
IMBRA Special TopicsAOS Application Transfer to Vermont

We filed AOS I130 & I485 in June 2010. Had our appointment in August 2010. Received RFE for certified
court documents (we had just copies). Sent in Certified Copy. Received NOID in October and they gave
us 30 days to respond. We sent in pysch report, Affidavits, letters, Polygraph. Just this week 2.5 years
later we got our letter transferring our case to Vermont.

Does anyone have any idea now what??? How long before we may hear of an approval or denial? Or will they
send us for another appointment?

Any information would be appreciated.


Wow you are much further along than I am your requesting AOS we are approaching the 60 day mark of submitting our RFE items through our Attorney just for the K-1 visa.

I sure hope we do not have to go through the same BS for AOS when she gets here.

Unless I am confused by the process of AOS.


It took us 3.5 years just to get a RFE.

We were transferred to Vermont back in April 2010 when they made the big move for AWA cases.
evli1966MalePhilippines2013-04-07 20:02:00
IMBRA Special Topicsno update, no biometrics

I just got the bio appointment today. It's been almost a year! What happens next anyone knows?

got to your appointment bring your docs it tell you to bring.

 

They will finger print you and you are gone in less than 20 mins

 

The know nothing of your case and will most likely will not answer any questions.


evli1966MalePhilippines2013-05-05 20:26:00
IMBRA Special Topicsno update, no biometrics
That is correct.

It is part of the AWA process.

My first was 7 months after the petition was accepted.

The second 2 years later exactly.

It is my understanding it will happen every 2 years during the process.
evli1966MalePhilippines2013-03-01 20:38:00
IMBRA Special TopicsDenial of I130

Adam Walsh Act  that limits the filings for sexual predators

 

This is statement is soo wrong

 

Allow me to educate you with some questions

 

The 2 children at 7 years old caught touching each other: di you consider them sexual predators?

 

The new 19 year old who's GF   was 16; is that person a  sexual predator?

 

Is the drunk college student arrested for public urinating at 2am a sexual predator?

 

The person arrested for selling drugs a sexual predator?

 

The person arrested for assaulting no sexually his ex-wife is he a sexual predator?

 

I can go on but I know you get the drift of how wrong your remark was.

 

Now the AWA which was created to protect is harming Millions of people or putting them in danger because the real predators hide among the 750K on the registries if they are even registered

 

Immigration wise the USCIS can only apply what they were given which was no to clearly differintiate the dangerous from the safe petitioners which has caused the hardship of these families...mark my words these type of laws come back and bite the tax payers in the Azz just so the lazy few and the fear mongers can have a false sense of security.

 

Thousands of legitimate families suffer from this bogus law.


evli1966MalePhilippines2013-07-09 02:10:00
IMBRA Special TopicsRoute to go w Criminal Convictions ?

 
 
Your lawyer would be absolutely wrong and has no idea what he is talking about.  Being married doesn't change anything regarding the burden of proof ( which is completely arbitrary) 


agreed 100%

Get new lawyer fast!



evli1966MalePhilippines2013-07-13 00:23:00
IMBRA Special TopicsProof needed for Adam Walsh act?

I thank Eagerly for this find.

 

http://www.prlog.org...eral-court.html


evli1966MalePhilippines2014-02-25 17:22:00
IMBRA Special TopicsProof needed for Adam Walsh act?

 

We are denied as well after submitting a bunch of evidence as we thought. We are thinking about reopening the case & including the new evidence. We just want to know what else they want from us. What are you guys doing next?

 

We appealed through our attorney

 

When you appeal you do not send more evidence but show in the appeal the reasons why and how the USCIS made it's mistakes such as such as making statements or using an opinion of the adjudicator that the court sentencing was not sufficient.

 

This is where USCIS gets in hot water if they $5#2 with the wrong person with the financial means and determination to fight them.

 

They allow inexperienced/uneducated/unqualified staff adjudicate these cases under the supervision of their leadership with the same issues.

 

Good Luck with starting over it will be a long road; my prayers are with you.


evli1966MalePhilippines2013-08-01 19:07:00
IMBRA Special TopicsProof needed for Adam Walsh act?

@evli1966,thank you for the reply.just keep your faith to God.Everything have purpose and there is time for everything. We just live according to what God's plan for us.Have a blessed day.

 

Thank you


evli1966MalePhilippines2013-07-16 23:32:00