ForumTitleContentMemberSexCountryDate/Time
IMBRA Special Topicsgot denied after 3 yrs and 8 months of waiting..
Outrageous of USCIS to make you wait almost 4 years before telling you they wanted more evidence. What really needs to be done is a class action lawsuit, if 2 adults make a decision to marry they should have the right to be together.

If a sex offender marries someone in his /her own country, its not like it has to be pre-approved by any government organization or anyone for that matter.

Edited by Adam and Thet, 21 February 2011 - 01:39 PM.

A and TMalePhilippines2011-02-21 13:35:00
IMBRA Special TopicsAdam Walsh Act
QUOTE (eagerly @ Sep 25 2009, 04:15 PM) <{POST_SNAPBACK}>
I went down to inquire about the SOR in my state and good thing is that I am not required to register. But I was told that they cant issue a Certificate stating that I am not a Risk. Went to sheriffs office btw.

In my readings on the forum, I encountered one saying that those falling under AWA are not eligible to petition, then why didnt they stated that when the form was being filled up. By then, petitioner should not file no more and paid for the fee. It is good if you presented all the evidences they need and get the approval. But if it is just a formality and deny you eventually, its not fair. Appealing the case still entails more fees, lawyers and court perspective.

I dont intend to sin no more...lol but I feel that I am a living dead..my right to be with my wife is being questioned. The rights to vote, travel outside the country etc. have been taken away. Some could hardly get a job but this deprivation of the right to happiness tends me to question..why can a sinner be given a chance to a second life. Sorry for being emotional. I am not petitioning for K1, I am petitioning my wife who is already here in US. If they deny my petition, I hate to see her get deported.

So Mr. ACLU member, is it really true that a convicted felon still have the rights? or is it just written down in the constitution?








QUOTE (Eric1212 @ Sep 25 2009, 04:28 PM) <{POST_SNAPBACK}>
OK, so I will take a stab at this havning been a member of ACLU for a long time.

Anything, anything that is in the CFR (Code of Federal Regulations) is subject to judicial review. It is a statutory set of documents, albeit written by bureaucrats (sometimes lawyers) that lay out what the rules and regulations are regarding what the agency or regulatory body does and how it will do it.

All departments within the Executive Branch have them in some form or another, including USCIS, DOL, DOS, etc....

So, as a result, they are subject to the due process clause in the US Constitution which says the government shall not deny due process of law. So this is the basis behind a denial of rights for someone who is subject to AWA and any decision made by USCIS, including being a GITMO detainee.

Article 14 deals with how States shall handle the rights of its citizens; Article 5 deals with how the federal government will do so. Both have similar language, to wit:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Now this would not apply to an immigrant coming to the US but it would apply to a citizen who is applying to sponsor someone coming to the US. So I agree that those who said there are no rights with regard to an immigrant. But there are substantive and procedural rights guaranteed to the citizen who sponsors one. (The words life, liberty, and property come to mind....)

USCIS can make a decision yes or no as to whether they feel such a relationship is fit. But they are subject to review and appeal under the Constitution. There are some hurdles because of some precedent, namely sovereign immunity (you can't sue the government) but unfortunately for the government that has already been branched many times.

The social contract provided for in Common law allows that when the Kind has not protected his citizens, the citizens can redress the King.

A good constitutional lawyer will help.

Oh, and I would not register with the police unless I was statutorily required to do so. Just make sure you are right in that judgement.

Now go forth and sin no more..... whistling.gif






If convicted of a sexual offense, Per the Adam Walsh Act, you are not allowed to petition for a fiance' or spouse. Luckly, the rules changed recently. If you can prove you are not a "threat" such as another user here has, they will allow it.

Some of the things they require

psycological evaluation saying they find nothing wrong with you

Reccomendation letters

letter from your fiance/spouse that she knows about your past and understands it (in her own words)

Live scan finger prints

Court documents of your case


Basicly you have to come up with every shred of proof that you are not a "threat" to her (not sure how you could be a threat to another consenting adult, but this is how they work)


The good news here is you were not instantly denied, just come up with over whelming proof that this is behind you, and that you are a good person and send it on.

I'm surprised you got that far without a lawyer, you were not just fully denied, looks if you can send these things you might get approved, be thankful


Edited by nonversation, 25 September 2009 - 09:52 PM.

A and TMalePhilippines2009-09-25 21:51:00
IMBRA Special TopicsAdam Walsh Act
QUOTE (Angie Y Shane @ Aug 29 2009, 09:31 PM) <{POST_SNAPBACK}>
Trust me for greg55, you need a updated polygraph and evaluation. Do you currently register for a sex offender? If you do, are you considered a high risk offender or non web site registry offender. This means do you have to be listed on state sex offender web site. National sex offender web site, or local state police? These are factors in there behalf they search for. Trust me I know, I beat the act.



I would like to ask you a question , would you mind answering it???

What were you charged with ? I'm just curious if charges make a difference when it comes to IMBRA

Example would a person convicted of having sex with a small child , be judged differently from a person that had consensual sex under the legal age limit of a particular state?

Or would they seem them both as the same ? You don't have to answer if you dont feel comfortable but I feel it would help many cases if you could.
A and TMalePhilippines2009-08-30 04:52:00
IMBRA Special Topicsgot denied after 3 yrs and 8 months of waiting..

A horrible situation and story, but a very brave woman who escaped the situation! I have to say that I have NO sympathy for petitioners with a criminal past, particularly those classified as sex offenders. I am glad the AWA was passed and I know that it has protected many potential victims and will continue to protect them in the future.



AWA okay it is all coming back to me now, this is the law that stranded hundreds of non-sexual offenders in the middle of the interview process just a couple of years ago after spending all that money to go to the interview. Not really rolled out with any advance notice.

Not a big fan of sexual predators, and I must say that they did not go far enough in this. I think the vast majority of predators have whittled down the charges or avoided prosecution, and while a conviction on the books is the standard here, it might not be a bad thing if the Beneficiary were advised when the petitioner were charged or investigated for any sexual or violent offense not withstanding the final outcome. It doesn't have to be a factor affecting permission to import a human, but a FULL DISCLOSURE should be made to the beneficiary of any past charges. Then the beneficiary can be warned and it might help round up a few more of these creeps who have fled to other states to avoid apprehension.
Sergi9MaleRussia2011-02-21 22:18:00
IMBRA Special Topicsgot denied after 3 yrs and 8 months of waiting..

Good day guys. We are under AWA. and after 3 yrs and 8 months of waiting, both i129f and i130 denied.
Guys, they send as denial letter and we have till March 10 to appeal. Hubby will going to take the polygraph test and will gather the paperwork. Guys, please we need your opinions and advise.
The main question we would like to ask is ,
Do we need to appeal both i130 and i129f or just one petition? Please guys need your help badly. :help: :help:

Brucelene


What is AWA? What did the first denial letter say?

What did the 2nd denial letter say?
Sergi9MaleRussia2011-02-21 12:52:00
IMBRA Special Topicsgot denied after 3 yrs and 8 months of waiting..

That is some story!


If peeing behind a dumpster or on a tree gets you on the list, since I lived in the Philippines for 19 years, I am definitely in trouble.
DanTesMalePhilippines2011-02-21 17:42:00
IMBRA Special TopicsUSCIS... DENIALS ARE GOING TO HAPPEN...
ps. Sex offender as in people that had sexual contact with a minor with their approval I think should have a second chance. :thumbs:

(couldn't edit my last post)

Edited by DeniseBill, 10 April 2010 - 07:08 PM.

DeniseBillFemaleNetherlands2010-04-10 19:08:00
IMBRA Special TopicsUSCIS... DENIALS ARE GOING TO HAPPEN...

" I think sex offenders, as in any man or woman who has sexual contact with any other person against their will "

I agree, but keep in mind in the usa a lot of people that are sex offenders are not people that did things against someones will.

Consensual sex can still be considered rape based on age and state , each state has different rules/limits. One state you could be a sex offender, another, you could be perfectly legal. The rules are not across the board.


I know, thats why I said the "against their will" I know with the underage thing etc.

@cls0881:I am specificially talking about those that have sexual contact with others against their will. Good luck finding one that does not eventually fall back into their old ways. Once blood's been tasted.... Did their time? As in what jail? What about the victim, most will be able to live with it eventually. but theyre signed for life, so should the felon.
I speak from experiences....
You can have your opinions, sure I will never try to change your mind, but I will never give a rapist a second chance for that is like giving my exbf a second chance, and I rather die than to forgive him. :)

Anyway, that is how I feel and think and will not reply anymore :no:

Edited by DeniseBill, 10 April 2010 - 07:05 PM.

DeniseBillFemaleNetherlands2010-04-10 19:02:00
IMBRA Special Topicsgot denied after 3 yrs and 8 months of waiting..

Example of what could happen before the law.

http://candleforlove...showtopic=18398 (Did the visa so that can continue their sex habit on the step child.)


That is quite a story indeed.

Unfortunately, there is an argument for what is being done to you OP. The downside to the situation is that if two consenting adults choose to live their lives together they should be allowed to do so without interference. However, I guess this could really be deemed a play on the whole public charge aspect. If in turn the situation outlined in the above story (sans the child, of course) was to happen to you... the US would again be admitting someone into the country under false pretense made by a dishonest USC.

Either way, good luck.
DarlingNikkiFemaleJamaica2011-02-21 21:53:00
IMBRA Special TopicsAdam Walsh Act
Listen i found a big piece of evidence that works great is a updated polygraph test stating you have not re offended since completion of probation or treatment. POLYGRAPHS are considered great sources of evidence when showing truthful intent in your seriousness of behavior. Treatment providers use them for sex offenders to make sure they are not re offending in the community.

Polygraphs are also greatly respected in the immigration officers eye's because that is also part of there hiring process from my understanding. So it's looked at as seriousness from the petitioner. When I was at the interview with my wife it was mentioned it was very intelligent on my behalf.

Shane Y Angie
Angie Y ShaneMaleColombia2009-09-25 22:24:00
IMBRA Special TopicsAdam Walsh Act
QUOTE (eagerly @ Sep 23 2009, 11:24 AM) <{POST_SNAPBACK}>
It is with hope that Angie Y Shane are able to reply to this post, despite the fact that he had finally got his petition approved. If not, I also do hope that some would be able to shed me light. I would like to pose several questions with regards to the following:

1. When is a sex offender not considered a threat or risk to the beneficiary?

There was no act of Force or Coercion or Sexual violence, in your past or sex offense crime.

2. If one is not required by the state to register under SOR, does that mean that the sex offender is not a threat? Angie Y Shane mentioned that he asked the police authorities to issue a certificate of not being a high risk predator. If that is the case, what was stated in the certification, how did they classify you then, low or medium?

every State has certain level of risk they place you. Predatory offender or low risk offenders. If you are a high risk offender then you have to be on a sex offender notification to the public. Example's would be public notification on sex offender web sites and national sex offender bulletins. Low risk offenders in most states are not listed on sex offender web sites. this would not make you a outrageous risk to the public. You can get this information about your self at your local State police, just request it!

3. In the state where I am at, one is required to register if the offender is convicted/sentence/parole/probation after 1995. If the probation was discharge in 1993, would it be SAFE for the offender to show up at law enforcement office/police and ask for certification (refer to item 2)? It seems scary that they might force someone to register being the fact that you presented yourself, though you are not required under the statutes law.

Thanks

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Angie Y ShaneMaleColombia2009-09-23 21:12:00
IMBRA Special TopicsAdam Walsh Act
Adam Walsh Act applies to any family based petitions, whether Imbra case or not. As for what I was charged with was a Statutory rape in the third degree, a class C felony. I have no problem sharing my charge. I have no denial of my charge. I was young and made a bad judgment decision. Was the victim honest with me about her age NO. The victim lied to me and said she was older. That was clearly written in the police report, I was only 22 years old, i still to this day wonder if i should have taken the case to trial knowing she lied to me about her fake age. I did take a plea bargain, I was scared and young and never had any troubles with the law.

The many reason i beat the Adam Walsh Act was because of this. I was not arrested for any other crimes. I was very young and 13 years has passed. I fully gained full custody of my two boys. I do not have to register as a predatory or high risk offender. I took a recent polygraph to prove i had no other unknown victims since completing probation.

I proved that I was no risk to my wife. I sent in all my letters Pastors, family members, and my wife she was aware of my past and her thoughts and feelings about a christian marriage.

i have a three page letter i wrote in a formal manor to USCIS about how i felt i posed no risk to my wife. if anyone is in this same situation i have no problem, showing how it was written to help others.

Angie Y ShaneMaleColombia2009-08-30 08:56:00
IMBRA Special TopicsAdam Walsh Act
Trust me for greg55, you need a updated polygraph and evaluation. Do you currently register for a sex offender? If you do, are you considered a high risk offender or non web site registry offender. This means do you have to be listed on state sex offender web site. National sex offender web site, or local state police? These are factors in there behalf they search for. Trust me I know, I beat the act.

Edited by Angie Y Shane, 29 August 2009 - 09:33 PM.

Angie Y ShaneMaleColombia2009-08-29 21:31:00
IMBRA Special TopicsAdam Walsh Act
Last post well explained. I beat the adam Walsh Act. I let USCIS know my rights and where I was going with them. I was sent a NOID because I fell barely under Adam Walsh Act. I was a Adam walsh Petitioner. I beat the act for a number of reasons. One' I proved I was no threat to my wife. I also made it clear that the Adam Walsh Act was uncontitutional. I sent my request of evidence in with my explaination of that. One month later (Approved). MMM interesting APPROVED. I was already preparing a law suit, and they know it to. I was not speaking of this until I Knew for sure until now. USCIS will bully you if you let them.

APPROVED, APPROVED, After takeing my grounds...


Angie Y ShaneMaleColombia2009-08-03 13:31:00
IMBRA Special TopicsAdam Walsh Act
I'm trying to better understand your situtation. Did you get approved first, then USCIS revoked your approval?? Did they know you fell under ADAM WALSH ACT? Did you ever receive a NOID first?

Did you enclose information about the past crime? Please explain more your situation??
Angie Y ShaneMaleColombia2009-07-31 11:47:00
IMBRA Special TopicsAdam Walsh Act
As for the Adam Walsh Act it is uncontitutional law. There is allot of debate of this and it's loseing State to State. ACLU has already taken action in this uncontitutional law. We are not the first. Go to this web site amd many, many others and you will see our oppion does not stand alone. http://constitutiona....wordpress.com/

As for my case I did beat the law. I did contact Human rights division, and ACLU. My case was approved one month after I sent the requested evidence they needed after a NOID notice. My past is done as the petitioner. My wife will go threw the interview. It's not about me anymore but my wife. I will stand by her side at the interview. The Department of State cannot deny my case due to the Adam Walsh act anymore. I already received the approval and proved my evidence.

As to the last post I do stand incorrect for immigration, It is a privledge. But you do have the right to fight the Adam Walsh act and appeal your case. This is uncontitutional.

Edited by Angie Y Shane, 30 July 2009 - 10:49 AM.

Angie Y ShaneMaleColombia2009-07-30 10:46:00
IMBRA Special TopicsAdam Walsh Act
Like I said before, see what the reason for denial is first. Then contact the human rights division. There is a memo on this with USCIS. I will locate it and also send this information shortly. My question where does it say it's a privledge to marry??
Angie Y ShaneMaleColombia2009-07-29 18:42:00
IMBRA Special TopicsAdam Walsh Act
You always have a right to file with ACLU. ACLU did take a interest in my case and took my information. I even notified USCIS on this. My case was approved. You can always try. "Yes" immigration is a right also, not just a privledge. Do not let other's discourage you. APPEAL the case, keep fighting and it will go threw. I would Highly encourage "Humen rights commision envolvment" first before ACLU.

My thoughts are you need to see what they say in the denial first... Then base of what feedback you get.

Edited by Angie Y Shane, 29 July 2009 - 01:24 PM.

Angie Y ShaneMaleColombia2009-07-29 13:22:00
IMBRA Special TopicsAdam Walsh Act
Shane - tried to pm you but your inbox is full. Message rejected.
CanTexMaleCanada2009-07-30 13:49:00
IMBRA Special TopicsAdam Walsh Act

can you please help me with the information you have thus far gathered? I have been working with the ACLU in my state and with some other big names working on going head to head over the Adam Walsh act and any positive information could be helpful.


I was also thinking contacting ACLU. The more voices ther hear, the bigger AWA issue grows the more attention it is lickely to get.
Could you tell me if that was easy to get someone interested to help you with AWA there? Did you contact by phone, mail, etc? Could you tell more about your experience in working with ACLU? Did you get enywhere so far?
Thank you so much for any info you are willing to share.
kazuavaFemale02011-10-13 02:44:00
IMBRA Special TopicsUSCIS... DENIALS ARE GOING TO HAPPEN...

I know, thats why I said the "against their will" I know with the underage thing etc.

@cls0881:I am specificially talking about those that have sexual contact with others against their will. Good luck finding one that does not eventually fall back into their old ways. Once blood's been tasted.... Did their time? As in what jail? What about the victim, most will be able to live with it eventually. but theyre signed for life, so should the felon.
I speak from experiences....
You can have your opinions, sure I will never try to change your mind, but I will never give a rapist a second chance for that is like giving my exbf a second chance, and I rather die than to forgive him. :)

Anyway, that is how I feel and think and will not reply anymore :no:


If only it was so easy!
That is why my husband, who is not even in a registry (get an idea of what kind of "rapist" he is?) can't get his petition approved for me, his 30 year old wife. And me, his wife, because USCIS prefers to do nothing for 3.5 years of our petition is pending, have to live ... almost like in the underground. I'm not legal (can't work, can't get DL), but not an illigal too... My choices are wait, go back home and quit on out family (gosh, we have 2 kids now together - the result of out 5 years old marriage!!!!!) or get crazy because all I really can do is to be stuck at home and clean, cook, etc. No DL - little driving, no work - no money to babysitting and getting out to enjoy myself (moms need a break!!!).
Is this AWA fare for me, a 30 year old girl? (Kids were born after our marriage and are the US citizens). When I came I had almost completed Masters degree, I was young, succesfuul and fell in love with my husband, I still don't regreat. But that is hard for a person of my personality for 5 years to do nothing, but never-ending chores at home. And that is only because of AWA. No, the law is not fare, but even worth - the way cases are processed (or ignored) is even more unfair! (I agree with an idea, but the way it is handled - is a broken policy!)
But even better - if all of it 'to protect" me, than, USCIS, please, do it faster! If he (my husband) was a monster, he could do a bad thing to me many times by now. THe timelines defeat the purpose of the law!
Really, isn't 3.5 years is enough to read through a file?
kazuavaFemale02011-10-13 03:14:00
IMBRA Special TopicsUSCIS... DENIALS ARE GOING TO HAPPEN...
Kazuava, my heart really goes out to yours when I read your post above. I also remember my life in my home country before I got married. I was having a good job in my home country and had close friends to hang out with. I am not saying I regret marrying my husband. I am just really sad and speechless about this AWA law playing with hundreds of wives' lives like you and me. Apart from the law itself, USCIS's interpretation of the law and the individual officer's personal judgment on our applications did nothing but worsened our situation. The law never mentioned anything like "beyond reasonable doubt", but the interpretation of USCIS does. They are not a law making body but they have every arbitrary right to establish such review standard ? (beyond reasonable doubt is a criminal court review standard) Our husbands are not criminals anymore. I also remember in my denial last year, the officer wrote that the psychological report we submitted is no good because the meeting was short. Such officer with no formal psychological training or degree could make such power comment in his/her decision regarding my future. I miss my mother and friends VERY VERY much. Yet I can't work to share our bills. I can't drive and I had to sit on the passenger side and let him drive to the hospital when HE had ulcer. I can't leave this country without being rejected on return. Kazuava I wish your local office could just approve your case immediately! Your kids are growing up day by day. They are shielded because they were born in the U.S. They are US citizens now. I don't want you to be left behind. Even I am not you, I feel bitter about your case.
C0881Female02011-10-13 12:46:00
IMBRA Special TopicsAdam Walsh Act
I committed a sexual offense against a minor (fondling - 3 seconds act) 20 years ago. I have evidences that would prove that I have changed. I have not violated any law since then. It was an act that cause me to live with out any rights at all. Yes it ruin my life for the 3 seconds act that I did. And I admit that it is a wrongful thing for me to do. I was 25 years old when i committed the offense. I am not required to register as SOR in my state.

I have no idea of getting those rights back.

Thanks

QUOTE (NArocks @ Sep 25 2009, 05:48 PM) <{POST_SNAPBACK}>
Eagerly you are psoting all over the place hun, take a moment. Which type of Visa are you applying for? Answer to us here what was the offense as there are many different ways to go depending on the charges.

Yes a convicted felony has rights and can have those rights restored , however paperwork needs to be filled out and sent to the appropiate authorities.


eagerlyNot Telling02009-09-26 09:11:00
IMBRA Special TopicsAdam Walsh Act
I went down to inquire about the SOR in my state and good thing is that I am not required to register. But I was told that they cant issue a Certificate stating that I am not a Risk. Went to sheriffs office btw.

In my readings on the forum, I encountered one saying that those falling under AWA are not eligible to petition, then why didnt they stated that when the form was being filled up. By then, petitioner should not file no more and paid for the fee. It is good if you presented all the evidences they need and get the approval. But if it is just a formality and deny you eventually, its not fair. Appealing the case still entails more fees, lawyers and court perspective.

I dont intend to sin no more...lol but I feel that I am a living dead..my right to be with my wife is being questioned. The rights to vote, travel outside the country etc. have been taken away. Some could hardly get a job but this deprivation of the right to happiness tends me to question..why can a sinner be given a chance to a second life. Sorry for being emotional. I am not petitioning for K1, I am petitioning my wife who is already here in US. If they deny my petition, I hate to see her get deported.

So Mr. ACLU member, is it really true that a convicted felon still have the rights? or is it just written down in the constitution?









QUOTE (Eric1212 @ Sep 25 2009, 04:28 PM) <{POST_SNAPBACK}>
OK, so I will take a stab at this havning been a member of ACLU for a long time.

Anything, anything that is in the CFR (Code of Federal Regulations) is subject to judicial review. It is a statutory set of documents, albeit written by bureaucrats (sometimes lawyers) that lay out what the rules and regulations are regarding what the agency or regulatory body does and how it will do it.

All departments within the Executive Branch have them in some form or another, including USCIS, DOL, DOS, etc....

So, as a result, they are subject to the due process clause in the US Constitution which says the government shall not deny due process of law. So this is the basis behind a denial of rights for someone who is subject to AWA and any decision made by USCIS, including being a GITMO detainee.

Article 14 deals with how States shall handle the rights of its citizens; Article 5 deals with how the federal government will do so. Both have similar language, to wit:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Now this would not apply to an immigrant coming to the US but it would apply to a citizen who is applying to sponsor someone coming to the US. So I agree that those who said there are no rights with regard to an immigrant. But there are substantive and procedural rights guaranteed to the citizen who sponsors one. (The words life, liberty, and property come to mind....)

USCIS can make a decision yes or no as to whether they feel such a relationship is fit. But they are subject to review and appeal under the Constitution. There are some hurdles because of some precedent, namely sovereign immunity (you can't sue the government) but unfortunately for the government that has already been branched many times.

The social contract provided for in Common law allows that when the Kind has not protected his citizens, the citizens can redress the King.

A good constitutional lawyer will help.

Oh, and I would not register with the police unless I was statutorily required to do so. Just make sure you are right in that judgement.

Now go forth and sin no more..... whistling.gif


eagerlyNot Telling02009-09-25 16:15:00
IMBRA Special TopicsAdam Walsh Act
Angie Y Shane..may I know what was your sex offense if thats ok? Was wondering what tier is your offense classified, that made USCIS approve your petition though you fall under the Adam Walsh Act?

I thought that those required to register in the state are considered high risk predator. I am scared asking the law enforcement office for they might forced me to register even though I am not required.My probation was discharged prior to the required registration period which is 1995. I got discharged in 1993.
eagerlyNot Telling02009-09-24 02:57:00
IMBRA Special TopicsAdam Walsh Act
It is with hope that Angie Y Shane are able to reply to this post, despite the fact that he had finally got his petition approved. If not, I also do hope that some would be able to shed me light. I would like to pose several questions with regards to the following:

1. When is a sex offender not considered a threat or risk to the beneficiary?

2. If one is not required by the state to register under SOR, does that mean that the sex offender is not a threat? Angie Y Shane mentioned that he asked the police authorities to issue a certificate of not being a high risk predator. If that is the case, what was stated in the certification, how did they classify you then, low or medium?

3. In the state where I am at, one is required to register if the offender is convicted/sentence/parole/probation after 1995. If the probation was discharge in 1993, would it be SAFE for the offender to show up at law enforcement office/police and ask for certification (refer to item 2)? It seems scary that they might force someone to register being the fact that you presented yourself, though you are not required under the statutes law.

Thanks
eagerlyNot Telling02009-09-23 13:24:00
IMBRA Special Topicsgot denied after 3 yrs and 8 months of waiting..
Good day guys. We are under AWA. and after 3 yrs and 8 months of waiting, both i129f and i130 denied.
Guys, they send as denial letter and we have till March 10 to appeal. Hubby will going to take the polygraph test and will gather the paperwork. Guys, please we need your opinions and advise.
The main question we would like to ask is ,
Do we need to appeal both i130 and i129f or just one petition? Please guys need your help badly. :help: :help:

Brucelene
bruceleneMalePhilippines2011-02-21 10:59:00
IMBRA Special TopicsAdam Walsh Act
The Equal Protection Clause of the 14th ammendment ensures that anyone in the United States legally is protected by the constitution and is guaranteed to enjoy the same rights as a US citizen, except they cannot vote or hold some political offices. I'm not sure you were saying that in your post below. Otherwise, people here with visas would be incredibly discriminated against! The Equal Protection clause in relation to people here illegally is debatable.

QUOTE (Eric1212 @ Sep 25 2009, 04:28 PM) <{POST_SNAPBACK}>
OK, so I will take a stab at this havning been a member of ACLU for a long time.

Anything, anything that is in the CFR (Code of Federal Regulations) is subject to judicial review. It is a statutory set of documents, albeit written by bureaucrats (sometimes lawyers) that lay out what the rules and regulations are regarding what the agency or regulatory body does and how it will do it.

All departments within the Executive Branch have them in some form or another, including USCIS, DOL, DOS, etc....

So, as a result, they are subject to the due process clause in the US Constitution which says the government shall not deny due process of law. So this is the basis behind a denial of rights for someone who is subject to AWA and any decision made by USCIS, including being a GITMO detainee.

Article 14 deals with how States shall handle the rights of its citizens; Article 5 deals with how the federal government will do so. Both have similar language, to wit:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Now this would not apply to an immigrant coming to the US but it would apply to a citizen who is applying to sponsor someone coming to the US. So I agree that those who said there are no rights with regard to an immigrant. But there are substantive and procedural rights guaranteed to the citizen who sponsors one. (The words life, liberty, and property come to mind....)

USCIS can make a decision yes or no as to whether they feel such a relationship is fit. But they are subject to review and appeal under the Constitution. There are some hurdles because of some precedent, namely sovereign immunity (you can't sue the government) but unfortunately for the government that has already been branched many times.

The social contract provided for in Common law allows that when the Kind has not protected his citizens, the citizens can redress the King.

A good constitutional lawyer will help.

Oh, and I would not register with the police unless I was statutorily required to do so. Just make sure you are right in that judgement.

Now go forth and sin no more..... whistling.gif


PerplexedNot Telling02009-10-10 11:19:00
IMBRA Special TopicsAdam Walsh Act
And it takes a lot of courage to stand up to the laws and the more RSO's stay quiet, the more likely new, unconstititutional laws will pass. I tell my husband every day ... keep fighting, don't let them do this to you, you are a human being and your life has value and we have to fight. And so we do and so far, its turned out as well as it can. So keep fighting beautifullady ...

QUOTE (Angie Y Shane @ Aug 3 2009, 02:31 PM) <{POST_SNAPBACK}>
Last post well explained. I beat the adam Walsh Act. I let USCIS know my rights and where I was going with them. I was sent a NOID because I fell barely under Adam Walsh Act. I was a Adam walsh Petitioner. I beat the act for a number of reasons. One' I proved I was no threat to my wife. I also made it clear that the Adam Walsh Act was uncontitutional. I sent my request of evidence in with my explaination of that. One month later (Approved). MMM interesting APPROVED. I was already preparing a law suit, and they know it to. I was not speaking of this until I Knew for sure until now. USCIS will bully you if you let them.

APPROVED, APPROVED, After takeing my grounds...


PerplexedNot Telling02009-08-03 19:02:00
IMBRA Special TopicsAdam Walsh Act
RSO laws have been challenged on their violation of contstitutional rights ... particularly the ex post facto, due process, and double jeopardy clauses. Sometimes the courts agree they violate, sometimes they don't because they are "regulatory" not "criminal" laws. HOWEVER, courts all over the country have been finding AWA unconstitutional based on these rights. The ACLU has been filing cases against RSO laws since 1996 and so they do see this as an important issue. They also fight for the rights of Immigrants (see here http://www.aclu.org/...nts/index.html). While immigration is a priveledge those who are in the US are protected by the Constitution (Article 7 - UDHR) and particularly against bogus immigration laws (like AWA).

This is a civil rights issue. I've been in the US since the mid 90's, got married to a US citizen who happens to be an RSO and now every day I live wondering when I'll get that letter in the mail from USCIC saying my permanent residency is being revoked because of his status as an RSO. Under USCIC policies, I can be deported because my husband was convicted of a sexually-based crime. They can determine how much danger I'm in, even without my input. I've lived with the man for 5 years and I can tell you I'm not in danger, but under the law and their policies, they can say, sorry but we think you're husband is too dangerous and so we're going to deport you (see Article 12 of the UDHR). The life I've been building here since 1996 could go "POOF" based on a policy developed on a whim and decisions by people who don't know me or my husband. This new law would be applied to us retroactively (he completed his sentence a VERY long time ago = ex post facto) and we would both be punished (double jeopardy - him again for a crime he was convicted of in the early 90's). If that isn't evidence of Constitutional violations, then I don't know what is.

QUOTE (beautilfullady @ Jul 28 2009, 11:23 PM) <{POST_SNAPBACK}>
Does anyone have a Adam Walsh Act denial based on their constitutional rights having been violated?
Our attorney is attempting to take this to the ACLU. The more cases that involve civil rights issues the more likely that the ACLU will become involved.


PerplexedNot Telling02009-08-03 07:42:00
IMBRA Special TopicsAdam Walsh Act

As for the Adam Walsh Act it is uncontitutional law. There is allot of debate of this and it's loseing State to State. ACLU has already taken action in this uncontitutional law. We are not the first. Go to this web site amd many, many others and you will see our oppion does not stand alone. http://constitutiona....wordpress.com/

As for my case I did beat the law. I did contact Human rights division, and ACLU. My case was approved one month after I sent the requested evidence they needed after a NOID notice. My past is done as the petitioner. My wife will go threw the interview. It's not about me anymore but my wife. I will stand by her side at the interview. The Department of State cannot deny my case due to the Adam Walsh act anymore. I already received the approval and proved my evidence.

As to the last post I do stand incorrect for immigration, It is a privledge. But you do have the right to fight the Adam Walsh act and appeal your case. This is uncontitutional.


can you please help me with the information you have thus far gathered? I have been working with the ACLU in my state and with some other big names working on going head to head over the Adam Walsh act and any positive information could be helpful.

Edited by lemmony, 09 October 2011 - 05:30 PM.

lemmonyMalePhilippines2011-10-09 17:30:00
IMBRA Special TopicsUSCIS... DENIALS ARE GOING TO HAPPEN...

I know, thats why I said the "against their will" I know with the underage thing etc.

@cls0881:I am specificially talking about those that have sexual contact with others against their will. Good luck finding one that does not eventually fall back into their old ways. Once blood's been tasted.... Did their time? As in what jail? What about the victim, most will be able to live with it eventually. but theyre signed for life, so should the felon.
I speak from experiences....
You can have your opinions, sure I will never try to change your mind, but I will never give a rapist a second chance for that is like giving my exbf a second chance, and I rather die than to forgive him. :)

Anyway, that is how I feel and think and will not reply anymore :no:


I agree it is often hard to forgive those that have harmed us but if I may make a note that I hope can help? In my personal life I have been wronged many times as well..Some things way to personal and terrible to relate on a public forum.

One thing I have learned thou is that forgiving the person and moving on is not something you do for them, it is something you need to do for yourself. Until you forgive them and leave it to God to handle the harm is still being done inside of you. Harm to you not to them. Forgiveness is about not hurting yourself any more. It does not matter if it is a murder, rape, beating, drug incident, burglary or what ever the pain and the suffering does not stop until you forgive . It is not easy I understand more then you may beleive but it is necessary for yourself and for the ones you love. As long as you carry the grudge your loved ones carry it as well.

lol well sorry.. enough rambling from me.. Best of luck and hope you have a great life from hear on out :o)
lemmonyMalePhilippines2011-10-09 19:07:00
IMBRA Special TopicsUSCIS... DENIALS ARE GOING TO HAPPEN...

hell no ! i applaud the goverment. wish they would tighten the restrictions on passports to sex offenders. then they would not be able to travel to other countries at all


Interesting you should feel that way with absolutely no information or having educated yourself on anything you speak on I am sure?
Funny how the least educated are usually the ones with the loudest opinions. Most Likely why they say don't waste time arguing with a fool because no one will be able to determine who is whom..

First for the record: 'sex offenders' unfortunately is a term used to describe a way to broad range of individuals.Seems anything that can get a crooked politician elected, or help them hide from their own dirty laundry..Most likely the modern day Salem 'witch hunt' or McCarthyism 'commie hunt".. Anyone from Peeing on a tree, teenager caught mooning someone from a car,concentual sex, lewd and lasciviousness work place joke some up tight prude doesn't like, making out in the back seat of a car and getting busted, streaking, accidental porn pop-up, to the obvios pedophiles and rapists...

MY only point in noting all this is that you really should know what you are talking about before randomly running your mouth off in some bigot redneck beer can chime fashion..
Not everyone is guilty of some heinous crime, unfortunately becuse their is to much politics involved and no-one has ever accused politicians of over reaching in the brain power department to many teenagers and young men and women are being lumped in with a category they really don't belong in..

Edited by lemmony, 09 October 2011 - 06:59 PM.

lemmonyMalePhilippines2011-10-09 18:58:00
IMBRA Special TopicsUSCIS... DENIALS ARE GOING TO HAPPEN...

The USCIS is simply following a law (Adam Walsh Act) that was passed by Congress and signed by the President... The USCIS would not be the appropriate party to sue here but the US government.

Adam Walsh Act is well known and has been effective for several years now (2006?). If it was something unconstitutional, I would have thought the ACLU would have been after this already.

So, no I am not interested in bringing a lawsuit... good luck


The ACLU along with others have been and are working threw the courts to take legal action.. Unfortunately some times it can take years before cases progress threw the courts to achieve results.. The Supreme Court is actually hearing oral arguments this month on Adam Walsh retro-activity I believe.
lemmonyMalePhilippines2011-10-09 18:44:00
IMBRA Special TopicsAdam Walsh Act

yes. please. I am in Texas. Please contact me. This is an injustice that must be stopped. My fiancee' and I have been waiting three years because of an offense 17 years ago !!!!

you can contact me via email then we can go from there just13126@yahoo.com
just13126MaleMalaysia2010-02-01 13:15:00
IMBRA Special TopicsAdam Walsh Act

Does anyone have a Adam Walsh Act denial based on their constitutional rights having been violated?
Our attorney is attempting to take this to the ACLU. The more cases that involve civil rights issues the more likely that the ACLU will become involved.

for those that dont know what civil rights have been violated under the AWA 8TH 10TH and 14TH are all violated in the AWA I'm going through this now my next step is federal court let me know how you make out and fi your lawyer wants they can contact me or my lawyer and we can fight this together
just13126MaleMalaysia2010-01-10 13:57:00
IMBRA Special TopicsAdam Walsh Act








Is the Adam Walsh Act about sex-offender notification unconstitutional?
I have read this law over and over and it is Sad that part's of it made it into law along with SORNA. Most people are not educated on this topic or even how the events of this law being signed into effect tailed in under a different law's


The bill was sponsored by Congressman James Sensenbrenner (R-WI) in the US House of Representatives and moved to final passage over a two-year period. It had been sent to the Senate in 2005 as H.R. 3132 and had 88 co-sponsors, including Mark Foley (R-FL), who had originally introduced the House bill (and later resigned over a sex scandal involving teenagers), and co-sponsor Rep. Bud Cramer (D-AL). The Senate bill passed on July 20, 2006 with an amendment and amendment to the title. Senate co-sponsors John Kerry (D-MA)

I find it so sad that one who originally introduced the House bill resigned over a sex scandel with teens... Hmmm wonder if he is on the State of Fla sex offender register ........ Bet NOT





http://www.helium.co...tification-unco
miriccoNot TellingColombia2009-08-30 16:44:00
IMBRA Special TopicsAdam Walsh Act
QUOTE (nonversation @ Aug 30 2009, 04:52 AM) <{POST_SNAPBACK}>
QUOTE (Angie Y Shane @ Aug 29 2009, 09:31 PM) <{POST_SNAPBACK}>
Trust me for greg55, you need a updated polygraph and evaluation. Do you currently register for a sex offender? If you do, are you considered a high risk offender or non web site registry offender. This means do you have to be listed on state sex offender web site. National sex offender web site, or local state police? These are factors in there behalf they search for. Trust me I know, I beat the act.



I would like to ask you a question , would you mind answering it???

What were you charged with ? I'm just curious if charges make a difference when it comes to IMBRA

Example would a person convicted of having sex with a small child , be judged differently from a person that had consensual sex under the legal age limit of a particular state?

Or would they seem them both as the same ? You don't have to answer if you dont feel comfortable but I feel it would help many cases if you could.

I gave cocaine to a minor and 3 of us as well as the minor played strip poker...
greg55Not TellingPhilippines2009-11-02 14:10:00
IMBRA Special TopicsAdam Walsh Act
I am having the same problem, we applied for our visa in 2005 before this awa and uscis did nothing to process our visa application. I filed numerous request ( 5) asking why we have received a responce to this visa application. They never responded to any of our requests. So we hired a attorney, he filed a i-130 7 months later we receive a notice of intent to deny......they require me to prove i am not a threat to my wife. I gather all the proof i could to attempt to prove i am no threat...but one of the best peices of evidence i could have was a evaluation that was done on me while in prison. It clearly stated i was not a threat, now uscis gave us 87 days to submit our proof, The dept of corrections could not supply me with copies of this report that was done. This happened so long ago all my records were in a warehouse and they said it would take them 6 months to find them. How fair is it they require proof i am no threat and give us a unrealalistic time frame to get this paper work in knowing it will take twice that long to get the proof. Besides why doesnt uscis have the burden of proof, to show i am a threat. Doesn't the constitution say innocent till proven guilty.
the constitution says we have the right to marry, to have a family and so does the Decloration of human right of the united nations. And the u.s. radified and approved it. So it is law here as well. this act violates both the constitution of the u.s. and human rights decloration
greg55Not TellingPhilippines2009-08-29 09:14:00
IMBRA Special TopicsAdam Walsh Act

for those that dont know what civil rights have been violated under the AWA 8TH 10TH and 14TH are all violated in the AWA I'm going through this now my next step is federal court let me know how you make out and fi your lawyer wants they can contact me or my lawyer and we can fight this together


yes. please. I am in Texas. Please contact me. This is an injustice that must be stopped. My fiancee' and I have been waiting three years because of an offense 17 years ago !!!!
sunbeltmediaNot TellingPhilippines2010-01-31 22:00:00