Adjustment of Status & Adam Walsh Child Protection and Safety Act of 2006

[CEO2]

This is exactly my case. My AOS is pending and I had my Biometrics done two weekes ago. Last week I requested an expedite EAD due to job offer. Instead my Husband received a appointment letter Requesting him to complete Biometrics since he registrered as a sex offender. He was convincted when he was 16 years old and the girl 15. He was a juvenile and most of all it was a big misunderstanding. But anyway it was 21 years ago! Now he is under AWA act. I have read a lot and of course the more I read the more I want to cry. What will happens after his biometrics? I feel devasted because it is more than unfair in our case and if the law is narrowly interpretated than we might suffer from it. Please anyboby in NY/NJ area with the same issues DM me or let me know the outcomes of your cases. This is some additional stress and it is hard to face by myself.

Thank you

Any new update on your case? I just receive biometric for my husband but in his case his victim cried raped because she was caught in the act by her boyfriend and she is not a minor

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Hi, we are in the exact same situation as you. If you are still in the US, which I'm hoping is the case, we would very much like to hear the outcome of your case.

We had our adjustment of status interview set for 8/25/15 when we received the cancellation notice dated 8/19/15 for unforeseen circumstances. Four days later, we received a biometric fingerprinting notice scheduled for 9/3/15 with an attached page saying our case is subject to review under the Adam Walsh Act. I suspect it is due to a related misdeameanor conviction I had 14 years ago which I would not go into great details. The conviction has been expunged per California PC 1204.3 statute. My wife is already in the US. We are living together for 6 months now. She has been granted her EAD permit and is scheduled to start working at her new job tomorrow. It would be devastating for both of us if our application is denied.

Any input or suggestion you have would be greatly appreciated. We hope your case had a positive outcome and we wish you all the best. Thanks.

Any new update on your case? I just receive biometric for my husband but in his case his victim cried raped because she was caught in the act by her boyfriend and she is not a minor

[mustang85635]

Any new update on your case? I just receive biometric for my husband but in his case his victim cried raped because she was caught in the act by her boyfriend and she is not a minor

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Any new update on your case? I just receive biometric for my husband but in his case his victim cried raped because she was caught in the act by her boyfriend and she is not a minor

This thread makes me sick, "his victim cried rape" really ? DO YOU HAVE PROOF THAT IT WAS NOT RAPE ?

[inadmissible]

For AWA to apply, it goes beyond "crying rape", the petitioning spouse was convicted in a court of law. Either they plead guilty or they were found guilty beyond a reasonable doubt by a jury of their peers

[CEO2]

Hi, we are in the exact same situation as you. If you are still in the US, which I'm hoping is the case, we would very much like to hear the outcome of your case.

We had our adjustment of status interview set for 8/25/15 when we received the cancellation notice dated 8/19/15 for unforeseen circumstances. Four days later, we received a biometric fingerprinting notice scheduled for 9/3/15 with an attached page saying our case is subject to review under the Adam Walsh Act. I suspect it is due to a related misdeameanor conviction I had 14 years ago which I would not go into great details. The conviction has been expunged per California PC 1204.3 statute. My wife is already in the US. We are living together for 6 months now. She has been granted her EAD permit and is scheduled to start working at her new job tomorrow. It would be devastating for both of us if our application is denied.

Any input or suggestion you have would be greatly appreciated. We hope your case had a positive outcome and we wish you all the best. Thanks.

For AWA to apply, it goes beyond "crying rape", the petitioning spouse was convicted in a court of law. Either they plead guilty or they were found guilty beyond a reasonable doubt by a jury of their peers

So it does not matter whether the victim is an adult or a minor, as long as there is a conviction. Is that what you saying? Just to be sure.

[inadmissible]

So it does not matter whether the victim is an adult or a minor, as long as there is a conviction. Is that what you saying? Just to be sure.

It doesn't matter if the perpetrator is an adult or a minor, as long as there is a conviction for a specified crime against minors. The specified crimes are the following federal crimes, or state crimes that are substantially similar to the following:

an offense involving kidnapping, unless committed by a parent or guardian;
an offense involving false imprisonment, unless committed by a parent or guardian;
solicitation to engage in sexual conduct;
use in sexual performance;
solicitation to practice prostitution;
video voyeurism as described in 18 USC § 1801;
possession, production, or distribution of child ****ography;
criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt this conduct;
any sex offense as described in 18 USC § 111(5)(A).

[CEO2]

It doesn't matter if the perpetrator is an adult or a minor, as long as there is a conviction for a specified crime against minors. The specified crimes are the following federal crimes, or state crimes that are substantially similar to the following:

an offense involving kidnapping, unless committed by a parent or guardian;
an offense involving false imprisonment, unless committed by a parent or guardian;
solicitation to engage in sexual conduct;
use in sexual performance;
solicitation to practice prostitution;
video voyeurism as described in 18 USC § 1801;
possession, production, or distribution of child ****ography;
criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt this conduct;
any sex offense as described in 18 USC § 111(5)(A).

I understand what you are saying but what I'm asking is if both the perpetrator and victim are adults, does it still fall under the AWA?

[inadmissible]

If the petitioner's victim was an adult at the time the crime occurred, AWACPSA'06 does not disqualify the petitioner from participating in the immigration process. The petitioner bears the burden of proving to USCIS that the victim was not a minor

IMBRA'05 still requires finance visa petitioners to disclose arrests & convictions relating to a much broader scope of crimes

[lrcastillo99]

Received RFE/NOID with a deadline

Any new update on your case? I just receive biometric for my husband but in his case his victim cried raped because she was caught in the act by her boyfriend and she is not a minor

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Any new update on your case? I just receive biometric for my husband but in his case his victim cried raped because she was caught in the act by her boyfriend and she is not a minor

It has been nearly 3 years since we received that interview cancellation due to me (the petitioner) being subject to AWA. Our original AOS for my wife was denied back in 10/2016 due to abandonement and not the AWA. I failed to submit all required documentations about my criminal history. However, instead of filing a Motion to Appeal for the denial, my attorney suggested that it's better to just file a new I-485 which we did back in 10/2016. As a result of the new filing, my wife was able to obtain new EAD and accept employment. We also had a baby girl who was born here in California since our original AOS filing. The new case took over one year before we finally heard from the USCIS. Recently, we received a letter from USCIS dated 3/8/2018 stating that they intend to deny her AOS due to my record of having been convicted of a specified case against a minor even if it was a misdemeanor. The new letter is asking us to provide more documentations to prove that I pose "No risk" to my wife (the beneficiary). They specifically said all new submissions must be of certified copies. At this point I am currently gathering all the new evidences that they've asked and it's a tremendous amount. I am in no way expecting that the outcome will be any different, but I love my wife and daughter so much that I will never stop fighting for them even if it sends me to overwhelming debts. I have also come to realize from talking to different attorneys that a denial will not necessarily mean they will yank my wife off and deport her immediately. The removal process takes years especially if the person subject to removal has been here for over 3 years with legal (or even illegal) status. Furthermore, there are multiple appeal avenues that we could take to fight the removal proceedings if it gets to that point. One avenue that we are exploring is to file an extreme hardship her removal would cause to our daughter who is also a US citizen. That appeal can be initiated through the immigration court (BIA) or through the Federal courts. At this point I am even considering the option of just keeping my wife here as an undocumented immigrant along with the 4 million others here in California. My advice to those of you who are in the same situations as we are is to never lose hope because laws change once they are ripe for reviews (meaning the Feds are planning to look deep into its effects). If you're spouse is already here in the US, do your best to just keep them here despite the outcome of your cases. The 3-10 year bar is not a good thing for those who overstay, but the alternative of being sent back to your home countries without your US citizen spouses being able to successfully petition for you again is even worse. The AWA is a malicious act that does not serve its intended purpose of protecting children. It's a menace that destroys families and penalizes those who share no blame for those offenses. Good luck to all of you and let us keep fighting to defeat this unfair legislation.

[Live4love]

Hi everybody,

I met my husband in the summer 2014 while I was on vacation in New York. I came back to the US in summer 2015 on a student visa.
Meanwhile, my husband proposed and we got married on December 2016. I decided to quit my English school once we got married, but it's only now, 2 years later, that we decided to go ahead and apply for an adjustement of status/Green card.

We started the process a few weeks ago:
October 19th 2018: sent our application - with an attorney
October 23rd 2018: our case was received
November 9th 2018: notice of appoitment for biometrics
November 20th 2018: biometrics taken

When I thought eveything was going to be smooth, I received a letter from the Adam Walsh Unit saying that my husband "may be subject to review under the AWA act" and that he needs to have his fingerprints taken as well for background check. This news was pretty schoking. I've never heard of it before so I automatically googled it and what I found was horrifying. They said that almost all cases in relation to AWA are denied. This totally broke my heart.

My husband was indeed convicted with a sexual offense 15-20 years ago against his girlfriend at the time. They were both the same age, in their early 20's, so the victim was NOT a minor. My husband is registered as a sex offender level 1.

Today, December 14th 2018, was his biometrics appointment.

My attorney is saying that AWA shouldn't apply to us and that they just require a deeper background check but still, I'm worried and want to know if our application will be accepted. How long is the process? etc...

Thank you so much in advance,