biggish data

I also have a case with adjudication withheld, but i believe that counts as a guilty

Very Sorry to hear that you are having so many problems.

Unfortunately, There are standards for IMBRA/AWA as it pertains to conviction that exceed the definition typically held by state/federal guidelines.

According to the way immigration sees matters such as these, you can be "considered' guilty if you plea to a crime or have it reduced to a lesser crime. This is considered a conviction even if a sentence is adjudicated or the charge is dismissed.

I believe that you can claim not to have been convicted in a situation where you were accepted in to a Pre-Trial Intervention program and have successfully completed this program. But even then, you would only be able to qualify as NOT being convicted IF you did not have to enter a plea as part of the PTI application process.

I know this because in 1993 I entered this program and am currently working to ascertain if I had to enter a plea to get into the program.
It was 18 years ago and do not remember the details.

This can be very stressful stuff. I am not one to offer advice but I would recommend that you do your best to remain calm and be smart. Look at your options and make the best case for your efforts. A good attorney may be a good idea as well.

I hope to hear that you were able to clear this hurdle and have the life you want with the person you love. Everyone makes mistakes, you shouldn't have to pay for the rest of your life or be denied basic rights of marriage.

Best of luck

TheOptimist

Male

Peru

2011-07-14 11:49:00

How come illegal mexicans can be in the u.s but our relatives are denied?

You should come to Miami and see the kind of people we have living here illegally. It would boggle your mind.

jgvmd1968

Male

Iraq

2011-07-14 16:03:00

I understand your frustration and disappointment. You feel that your conviction for battery on a child makes no sense because you never came on contact or communicated with a child. But to answer your question of what you did wrong....You got convicted of a felony. From the perspective of USCIS it goes deeper because your crime directly involves violation of the AWA even if it was simply battery which it was not. My suggestion is that you understand the seriousness the issue of child porn online. It is not a victimless crime. Without a market these kids can't be exploited. It is up to those who find this stuff interesting to do their part to stop it. In dealing with the USCIS you can file an appeal. But I would suggest you undergo some sort of counseling so you can show that you are reformed. An appeal is not likely to be successful without it. If you have any other convictions at all your chances of success are going to be significantly less. I'm not sure if you are able to sponsor a marriage visa without AWA problems but you should look into that also. Best of luck to you and your fiancee.

#1 I was NOT convicted of anything; adjudication was witheld on the felony battery on a child charge.
#2 At no time ever did my case involve anything even remotely resembling or having to do with child pornography.

I suggest you read more carefully prior to making uninformed posts.

jgvmd1968

Male

Iraq

2011-06-28 06:28:00

All I can say is I am devastated. I am reaching out to the VJ community for any assistance, knowledge and wisdom that can be provided.

After almost 1 year and 2 months into background checks, I recieved an NOID due to AWA.

In June of 2006 I was arrested and charged with 3 sex offense related felonies as it pertains to use of the internet and solicitation of a minor (sending material harmful to a minor, lewd & lacivious exhibition online). It was actually a sting operation perpetrated by law enforcement. In any case I never believed this person was a minor. The case was resolved out of court via a plea agreement. The sex-offense related felonies were dropped in exchange for my pleading guilty best interest to battery on a child (a non-sex offense). Adjudication was withheld and I received 10 years probation which was recently terminated early.

In responding to the NOID, I sent them: 1. Comprehensive forensic evaluation (just copies, they were not certified - this evaluation was more for my job than anything else although it clearly states that I have no sexual or predatory inclinication towards minor) 2. Polygraph test 3. Certified court documents showing the plea deal, the criminal charges. 3. The order of termination of probation (certified copy) that references the polygraph examination, a letter from my psychologist recommending early termination of probation.

I had disclosed this criminal matter in my ORIGINAL application showing the order signed by the judge indicating the probation and the withold of adjudication. I once again included this in the RFE to the NOID. My letter had three main points:

1. This was not a specified crime against a minor because there was no minor.

2. I was never convicted (had adjudication withheld).

3. I am not a designated sex offender.

4. The comprehensive forensic fitness for duty evaluation clearly state I have no sexual interest in minors and or predator inclination substantiated by a polygraph examination administered by a former well regarded FBI.

So, the question is, given the above, WHY was my petition denied? I am currently out of the county and cannot read the specifics of the denial letter but I am more than certain it is going to say that the evidence I submitted with insufficient. I have seen folks here convicted of sexual offenses, on sexual offender registries and there petitions have been approved! What did I do wrong??

I really need some help including on whether or not I should retain a lawyer at this time.

And, yes, my fiancee knows all about what happened to me. We are both destroyed now as we can can only imagine how much longer the appeals process is going to take and how much financial resources it will take up.

jgvmd1968

Male

Iraq

2011-01-31 14:20:00

Now what

The G325A is just a supporting document, did you submit the I129F as well??

bunnygirl

Female

United Kingdom

2014-03-10 10:57:00

IMBRA and criminal records

Per the I-129F, it is only necessary to mention a DUI if it is the 3rd occasion, but if you had any other alcohol/substance related charges, then you would need to mention all three.

Thane

Male

Thailand

2014-01-20 05:00:00

It's been a while since I have posted on here. Still no luck with our petition. We have filed twice already so I can still be in status. The first time we filed was in 2008, we hired a lawyer but that didn't help any. Our petition was denied in 2010 after two years, we appealed the decision and that appeal is still pending. In 2011, we submitted another application and we just got denied again in July of 2013. We are again submitting an appeal for that. The only difference in the denial letter this time is that it did not say that the I-485 and work permit was denied as well. In fact I received my renewal employment authorization card after we received the denial letter which was a relief to me. I know we should consider that as a denial anyway because you never know with the USCIS. It may only have been a mistake on their end to approve the renewal of the EAD.

My husband is a registered sex offender. He was not required to attend therapy. We had a session with a clinical psychologist who discussed in her letter when we submitted more evidence that he poses no threat to me. On the denial letter the immigration officer said that this was still not enough evidence of his rehabilitation.

We are planning to file a 3rd petition and have my husband go through the sessions with a sex offender therapist even if he wasn't required by law to take them. If we still get denied, I don't know what we'll do moving forward. I have only seen 2 cases with this same circumstance get approved and in both cases, they went through the therapy sessions with a state licensed sex offender therapist. I know it will expensive to get this done, but we want to make sure that we had exerted all efforts in giving them what they need.

siciliantizio1979

Male

Philippines

2013-08-10 09:29:00

Thanks for the information.

daviddelen

Not Telling

Philippines

2014-01-10 02:56:00

I don't think they charge the same fees although I don't think it is free, so I'm not sure if Cherry Blossoms is exempt. Guess we'll have to wait and see.

daviddelen

Not Telling

Philippines

2013-11-20 19:09:00

If this information is wrong I'd be happy to hear about it.

daviddelen

Not Telling

Philippines

2013-11-19 00:01:00

Apparently, sites like Cherry Blossoms have not been getting an authorization of release of personal contact information, even though this is required under IMBRA. Last month, the government just started enforcing this law (my immigration consultant told me). I'm wondering if this could cause a flood of denials, because petitioners like myself can't provide documentation that was never gathered by the matchmaking web site, and thus can't get approved because they can't get the info necessary. This could effect thousands of people!

daviddelen

Not Telling

Philippines

2013-11-18 17:18:00

Thanks for you and moderator. I already understand the concept of IMB very well. My interest is not for further clarification.

My question and interest is still as stated from the start. Has anyone since October admitted to using an IMB AND had no consent form from the IMB.

It sounds like ALL IMB's deny being an IMB, and ALL petitioners answer no to the question.

I wonder how will the couple that does admit to an IMB will be treated. I was hoping with someone with

actual experience to share what happened in their case.

shanghai12

Male

China

2014-02-19 17:24:00

Has anyone used an IMB and admitted to it?

Has any IMB followed the law and obtained consents?

Please REPLYS from anyone who has actually had the experience.

shanghai12

Male

China

2014-02-18 16:01:00

Thanks for your reply. With all respect, there are plenty of posts that argue what is an IMB or not. I am not looking to join that debate.

I am asking for feedback from someone who actually honestly stated they had met using an IMB, and also

honestly did not have any consent proof.

Is there anyone out there? who has actually filed since October with these answers?

Did USCIS notice ? did the consulate notice?

shanghai12

Male

China

2014-02-17 21:37:00

My friends met online, using a website that matches the definition of an International marriage broker.

They answered "YES, we met using the services of an International marriage broker" on question #35

#35a. Asks them to include a copy of the signed consent (which they don't have) with their petition.

They did not have one, but submitted their petition last week anyway.

I am hoping for some feedback from members who actually submitted their 129f petitions after October

when the form was changed, to let us know what to expect.

If you said yes, to 35, but did not have any proof of consent, what has happened to your petition?

have you been approved, or pending, or rfe, or denied, or what effect by admitting

to using an IMB, which did not follow the rules, have your experienced?

Is #35 just a paper tiger, or is the DOS or USCIS doing ANY enforcement?

If you have any actuall, recent experience, please share what happened.

shanghai12

Male

China

2014-02-16 21:48:00

yes! I feel like such a dummy now, I don't know what to do it has the whole IMBRA section in the profile to fill out, I don't know how I missed all that.

I don't have any problems or any convictions I have never had any problems with the law or any visa attempts. I'm just scared I'm automatically gonna get denied becuase of where we met

e.y.

Not Telling

2013-10-13 09:38:00

I'm really freaking out over this. I don't have anything to hide, I just don't want this ####### to slow down my visa. I want to just leave it off the form because it doesn't apply to me but clearly all those cupid sites are imbra sites. I'm just really devestated that this is going to make them view me in bad opinion

e.y.

Not Telling

2013-10-13 08:36:00

I used the site afrointroductions a year ago to meet my fiance and when I log back into the website to double check, I see the website meets IMBRA requirements. I have the biggest sinking feeling in my stomach like this is the end of the world. This is like an automatic denial, especially in and African Country. I'm devestated. Should I just ignore this and file as meeting online? they are going to ask how we met and now I don't know what to say? it is so upsetting and I don't know what to do.

I have no offenses and this is my first time filing a k1

Edited by e.y., 13 October 2013 - 07:41 AM.

e.y.

Not Telling

2013-10-13 07:36:00

Any current AWA affected couples out there?

Because the conviction may (or may not) happen before adjudication/interview. We are trying to get the DA to hold off until my green card is on hand. However, she wants to settle this ASAP and I have read that even if my green card is approved, uscis can revoke it if they become aware of a conviction post approval. So it's a bit scary as we don't know exactly what we are dealing with. The offense is definitely an AWA offense. I've not found anyone else who's gone through this same scenario though where the us petitioner has been arrested but not yet convicted at the time of AOS.

Uhoh

Not Telling

2014-03-25 05:57:00

Any current AWA affected couples out there?

I was wondering if there's any current AWA couples out there who want to pool the knowledge we all glean from this process and support each other through this stressful time? I'm not sure my case will fall under AWA yet (arrest but no conviction) but I'm trying to prepare for the worst whilst hoping for the best!

Uhoh

Not Telling

2014-03-24 10:47:00

Limit on K-1s from previous marriage?

MAYBE GET TO KNOW THE GIRL FIRST AND THEN MARRY HER IN THE PHILIPPINES.

asianculture

Not Telling

Philippines

2014-04-12 13:54:00

i know and feel your struggle. i was told that the proof of rehabilitation is the most important evidence. i attended therapy in california for 3 years, but who knows, it might not be enough for uscis to approve us! i sent almost 30 letters from family,friends and co-workers! (all notarized) letter from therapist,phsycologist,former probation officer,salvation army,red cross,50 or more emails from my wife,wedding invotation,state background check,local county background check, i even saw another sex offender therapist for a few sessions just to see if it would help! he has to do all he can to prove that he is not a violent person and that he has changed his life. my NOA1 was on dec 22 2010, and ive been waiting ever since, they sent me a NOID and i sent in all the info on july 25 2013 and now i get this email about the alien registration number, i just pray that its a positive sign. but while you still have breath, there is hope! your husband has to do alot of evidence gathering, volunteer work, church,blood drives ect...you have to gather all the positive info you can to combat that one dark moment in your life.

sweetheart143

Not Telling

2013-08-10 12:49:00

we are going through the NOID stage at this time. I received a message that says our alien registration number has been changed. that's the first move I've seen on our status in 2 1/2 years.

sweetheart143

Not Telling

2013-08-09 09:35:00

Im in the same situation...we r from New Hampshire and applied in August but only got the receipt notices 9 weeks later because Chicago Lockbox lost our application. We got a receipt notice last week and 2 days later a biometrics appt scheduled on 10/31/12 next week and today just got a RFE because my husband is a sex offender and we fell under the Adam Walsh Act. He was 18 and had sex with a 16 year old girl that told him she was 18, he also took a bargain to plea guilty and did 2 years in prison. That happened 18 years ago. We've been married for 2 years now and he obviously poses no threat to me or anyone else his crime was just being dum enough to believe what that girl said. They wanna make sure that he poses not threat to me or society. How can we provide such proofs?
Is it better if we involve the Human Rights Comission or ACLU or we just provide them the evidence and wait for it...we r so worried...please help us

Also how long it takes for them to look at the evidence and make a decision?

Jana and Nate

Not Telling

Brazil

2012-10-25 13:18:00

AWA and 3 DUI's

at a minimum, you should include a letter with the I-129F submittal asking for a WAIVER of IMBRA/VAWA

but that's just a minimum.

Darnell

Male

China

2013-09-18 18:49:00

Dealing with Act of Adam Walsh

*** Thread moved from Introducing Our Members forum to the IMBRA subforum, where Adam Walsh matters are typically discussed. ***

TBoneTX

Male

Ecuador

2013-08-01 23:29:00

criminal records

You're ideally supposed to be fully aware of your fiance's criminal background. It would help if you're able to discuss it in an informed fashion, if you're asked any questions. I recommend that you do everything possible to get complete copies of the records, and that you discuss them in detail with your fiance or the lawyer.

TBoneTX

Male

Ecuador

2013-08-23 21:51:00

Husband (i-130 peitioner) received biometrics appointment for himself (is it normal?)

You're answering a 3.5-year-old thread. In such instances, it's better to start a new thread of your own.

TBoneTX

Male

Ecuador

2013-08-25 00:49:00

Waiver for 3rd K1 visa needed

If that's what you think.

TBoneTX

Male

Ecuador

2013-09-17 23:32:00

Waiver for 3rd K1 visa needed

for anyone who remembers me from 2 years ago, [...] this is my 3rd K-1 [...] the failures were 100% the fault of my prior fiances and 0% my fault.

Friend Al, the opinions of others might differ.

Edited by TBoneTX, 11 August 2013 - 09:47 PM.

TBoneTX

Male

Ecuador

2013-08-11 21:46:00

How Long? :(

The OP hasn't logged on to VJ since the day of the opening post...

TBoneTX

Male

Ecuador

2013-12-14 21:12:00

Domestic Violence

*** Unanswered duplicate thread removed. ***

TBoneTX

Male

Ecuador

2013-11-30 02:36:00

Brand new...question about release form from marriage agency

Are you talking about IMBRA requirements?

Harpa Timsah

Female

Israel

2013-10-31 13:26:00

imbra

Moved from IR-1/CR-1 Progress Reports to IMBRA Special Topics.

Ryan H

Male

China

2013-08-18 16:08:00

Husband (i-130 peitioner) received biometrics appointment for himself (is it normal?)

You can (should) still call the USCIS in the meantime to find out why he got the biometrics letter and not you. They should at least be able to answer that.

Diana

Mononoke28

Female

Colombia

2009-12-18 13:19:00

~ Moved from K-1 Process to IMBRA Special Topics sub-forum ~

KayDeeCee

Female

Mexico

2013-10-14 01:26:00

I hope no one is silly enough to click on the above spam links. Waiting for a mod to delete it.

What the heck was that. I go to my email and like 25 emails from this topic I thoughyt ya'll went viral. Goodness.

Edited by dwheels76, 17 December 2013 - 11:35 AM.

dwheels76

Female

Nigeria

2013-12-17 11:35:00

Denial of I130

Adam Walsh Act that limits the filings for sexual predators

NigeriaorBust

Not Telling

Nigeria

2013-07-08 23:30:00

AWA and 3 DUI's

Read threads about the adam walsh act. You will need a lot of help and the visa if you can get it will take a LONG time as they want to be very sure that you will not harm the immigrant or any child you may produce with her.

NigeriaorBust

Not Telling

Nigeria

2013-09-20 09:31:00