Step 1: Pull Records

Here are instructions that should help you get started:

https://asl-lawfirm.com/wp-content/uploads/2022/09/Allan-Lolly-AWA-Records-1.pdf

It outlines targeted records and how to try and get them.

I ask that clients work on the easy things first and then discuss with me options when things get tough. Records are not always available and yet the US petitioner has the burden of proving convincingly that he or she is no threat to the spouse. It can seem as if the answer should be an obvious no in most instances because most sex crimes do not involve violence. Even so, immigration officers are a tough crowd unfortunately, not easily persuaded.

Successes Happen

Don’t be overly discouraged about the AWA. We’ve had good successes in our office, despite that approvals generally are very difficult. Here are some cases approved in our office over the past several years:

Adam Walsh Act Immigration No Risk Determinations

We’ve had a number of approvals since then as well, three within the past three months, all from USCIS without the need to litigate. The link above provides some information about what it takes to achieve success.

Be Careful

USCIS is the immigration agency who decides whether to approve. Approval from USCIS is not impossible as shown, but these are some of the most difficult cases in immigration. My belief is that others have been less fruitful where we’ve had measured success because I continually research legal matters and explore issues in psychology

so that I can work effectively with clients, staff, psychologists, and legal theories on cases.

I try to prevail upon USCIS adjudicators to do the right thing, and they sometimes do. We try to be as complete and compelling as possible without being combative. USCIS has the upper hand, so why not try to encourage approval? Fighting without a winning strategy is a mistake.

Other Avenues

In addition to straight up AWA no risk approvals, we often come up with other immigration options for clients. Sometimes, clients end up with green cards through other means. We have been successful in appropriate cases in arguing that the AWA does not apply. In other cases, a resubmission with new information has resulted in approval. Cases are always a work in progress. Getting to approval often takes a great deal of time and consideration. The point is that all avenues in support of success in immigration should be explored.

Choosing the right attorney is important. No one is perfect. Instead, each attorney has his or her own idea about how to proceed in your case. Thoughtful deliberation about your case based on experience and expertise increases your chance of success in the end. You are welcome to call to discuss if you like. There is no charge. I only ask that you have a serious interest in working together with me.

Allan Lolly

Allan is an immigration attorney with more than 30 years of experience. He is a former criminal trial attorney for both, prosecution and defense. Allan presented on AWA issues at the NARSOL conference in Houston in October 2021. He will present on AWA issues to psychologists at the upcoming conference in Los Angeles in October 2022 sponsored by the Association for the Treatment and Prevention of Sexual Abuse. Allan is currently in litigation with USCIS over document production in order to better understand how the agency determines risk.