ForumTitleContentMemberSexCountryDate/Time
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
QUOTE (DavidnMay @ Jul 7 2008, 11:46 PM) <{POST_SNAPBACK}>
QUOTE (desert_fox @ Jul 7 2008, 06:56 PM) <{POST_SNAPBACK}>
Does your fiancee know that you are registered sex offender???

what a prize catch....excuse me, but I hope you fail.


Hi again did you try calling your local Congressman Rep? they help many with immigration issues and even help then through the filing process. With any luck they have already handled some cases like yours or know of another rep that has:-) And if it is something like having sex with a minor like 16 when the guy is 18 I think that should not be a big deal as long as both agreed to it.


No I have not yet. I am getting all of my facts together and making a game plan. I do think it's at least worth a call though, even though some think it's a waste of time. I really can not afford to leave any stone unturned in this venture. I notice you guys are a US-Pinay couple. That's great. I wish you guys good luck.
kyle&ghingMalePhilippines2008-07-08 04:57:00
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
QUOTE (Singers @ Jul 7 2008, 06:34 PM) <{POST_SNAPBACK}>
I don't think anyone could really tell you either way. Even if you find one case (which I haven't yet) it is so dependent on the individual facts of each case that you could only draw parallels.

If it were me: I would put in the application (assuming the $$ wouldn't bankrupt me) and know that the worse thing they could say is NO.

You have an uphill battle since the social stigma behind sex offenders is pretty harsh. (I'm sure I don't need to tell you that.) But if you could prove your case, then go for it. Things that would help: Single violation rather than a history. Severity of the crime. Receiving/Completing counseling. A letter of remorse/apology. Letters of character from friends/relatives.


Thanks for the helpful suggestions. I found out basically the same thing you are saying also. I feel I can present a good case. She knows about my history, I have been out of prison for over 5 years with no problems. I have plenty of character references and counselors / therapists who will write me a letter of recommendation, and if there is someone with my past who would be approved, I believe it would be me.

I do thank you for your help and kind reply.
kyle&ghingMalePhilippines2008-07-08 04:42:00
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
QUOTE (desert_fox @ Jul 7 2008, 08:56 PM) <{POST_SNAPBACK}>
Does your fiancee know that you are registered sex offender???

what a prize catch....excuse me, but I hope you fail.


Yes she does. And I am sorry that you feel that way. I wish you well in your journey here.
kyle&ghingMalePhilippines2008-07-08 04:33:00
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
QUOTE (archie07 @ Jul 7 2008, 04:46 PM) <{POST_SNAPBACK}>
The sole discretion is at the hands of the USCIS SUPERVISER..


Yes, specifically and I quote from the inter-office memo I mentioned above:

"3) HQ Clearance of Approval Recommendations

If the adjudicator finds that the petitioner poses no risk to the beneficiary, the adjudicator
must seek the guidance and direction of USCIS Headquarters, Regulations and Product
Management Division, before approving the petition. Adjudicators are prohibited from
exercising favorable discretion in such instances without the consent of USCIS Headquarters."
kyle&ghingMalePhilippines2008-07-07 16:59:00
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
QUOTE (Minya @ Jul 7 2008, 03:26 PM) <{POST_SNAPBACK}>
But the OP states that he's been "GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children"...what does that mean? Is there a pre-petition permission that can be sought in such cases?

-P


Actually I have not been "granted permission" as of yet. I was asking a question about any known cases as such. As far as the USCIS is concerned, since that last posting, I have found an inter-office memo that states the conditions of review of such a case. Here is an excerpt:

[USCIS MEMO dated February 8, 2007]
"In determining whether a petitioner poses any risk to his or her intended beneficiary, the
adjudicator must consider all known factors that are relevant to determining whether the
petitioner poses any risk to the safety and well-being of the beneficiary. Factors that should be
considered include, but are not limited to, the following:

• The nature and severity of the petitioner’s specified offense(s) against a minor,
including all facts and circumstances underlying the offense(s);

• The petitioner’s criminal history;

• The nature, severity, and mitigating circumstances of any arrest(s), conviction(s), or
history of alcohol or substance abuse, sexual or child abuse, domestic violence, or
other violent or criminal behavior that may pose a risk to the safety or well-being of
the principal beneficiary or any derivative beneficiary;

• The relationship of the petitioner to the principal beneficiary and any derivative
beneficiary;

• The age and, if relevant, the gender of the beneficiary;

• Whether the petitioner and beneficiary will be residing either in the same household
or within close proximity to one another; and

• The degree of rehabilitation or behavior modification that may alleviate any risk
posed by the petitioner to the beneficiary, evidenced by the successful completion of
appropriate counseling or rehabilitation programs and the significant passage of time
between incidence of violent, criminal, or abusive behavior and the submission of the
petition."

Being that there are provisions for review, it is obvious that there is no "out of hand" rejection implied by this Adam Walsh Law. The sole discretion is at the hands of the USCIS. IN addition there is also a process of "appeal" if the waiver is denied for both K1 & K3 Visa applicants.
kyle&ghingMalePhilippines2008-07-07 16:11:00
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
QUOTE (DavidnMay @ Jul 6 2008, 10:12 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Jul 6 2008, 06:15 AM) <{POST_SNAPBACK}>
QUOTE (kyle&ghing @ Jul 5 2008, 09:02 PM) <{POST_SNAPBACK}>
Does anyone know if there have been ANY rulings from the USCIS in reference to the John Walsh Ammendment for petitioners who are registered sex offenders, who have been GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children? I know this law is very new and there may not even be any rulings on this. If anyone can shed light on this, I would appreciate it. Thank you.


Just for clarification, a sex offender impacted by the law would have the right to file a petition but I think you want to know about the possibility of the petition being approved.


I dont know anything about this situation, but I think if you contact your local district congressman they might be able to help you. They have helped me with questions about immigration a few times:-) Was it a felony, or not a serious offense? I have heard even people who were in prison could still petition someone. I had a DUI and was worried about that but my congressman said dont worry thats not a reason unless I have many then it could be.


Thank you so much for your kind & helpful response. I had somebody else offer that same advice to me and I think it is a great idea. I will do that.
kyle&ghingMalePhilippines2008-07-06 13:24:00
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
QUOTE (pushbrk @ Jul 6 2008, 08:15 AM) <{POST_SNAPBACK}>
QUOTE (kyle&ghing @ Jul 5 2008, 09:02 PM) <{POST_SNAPBACK}>
Does anyone know if there have been ANY rulings from the USCIS in reference to the John Walsh Ammendment for petitioners who are registered sex offenders, who have been GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children? I know this law is very new and there may not even be any rulings on this. If anyone can shed light on this, I would appreciate it. Thank you.


Just for clarification, a sex offender impacted by the law would have the right to file a petition but I think you want to know about the possibility of the petition being approved.


Yes, exactly. I have read an interoffice memorandum at the USCIS regarding how to handle these specific cases and the proof of burden does exist on the petitioner, however there is no "out of hand" rejection implicit in the law or any of the statements that I have read from the USCIS.

There is actually statements on what kind of information would be helpful to build a case for an individual in these circumstances where the petitioner is petitioning a single beneficiary without children (which is the case I am referring to). In regards to this I was wondering 2 things:

1) Have you heard of a case like this being apporved or rejected? AND
2) What would be the specific waiver form signed in this case?

Thank you so much for your consideration.
kyle&ghingMalePhilippines2008-07-06 13:22:00
IMBRA Special TopicsRegarding Sex Offenders (off probabtion)
Does anyone know if there have been ANY rulings from the USCIS in reference to the John Walsh Ammendment for petitioners who are registered sex offenders, who have been GRANTED their right to petition for a VISA on behalf of a foreign fiancee with no children? I know this law is very new and there may not even be any rulings on this. If anyone can shed light on this, I would appreciate it. Thank you.
kyle&ghingMalePhilippines2008-07-05 23:02:00