The Adam Walsh Act prevents a U.S. citizen or permanent resident green card holder from immigrating his foreign family members to the U.S. if petitioner has been convicted of a specified sexual offense against any minor child. This limitation also applies to Fiancee Visa petitions by U.S. citizens.
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AWA Litigation in US Federal Court Is Evolving
Generally, a US citizen or permanent resident green card holder must file a petition to immigrate foreign family members to the US. Such family members include spouses and children. However, the AWA[1] prevents a family member from immigrating if that U.S. citizen or permanent resident petitioner has been convicted of a specified sexual offense against any minor child under 18[2]. The AWA limitation also applies to fiancee petitions by US citizens[3].
Under the AWA, the United States Citizenship and Immigration Services (USCIS) must first determine that the US citizen or green card holder poses no risk of harm to the foreign family member before the petition to immigrate may proceed. Foreign family members cannot immigrate to the U.S. based on the family relationship if an application for a “no risk” determination pursuant to AWA is denied. Since 2011, the USCIS has denied the vast majority of applications to waive the AWA bar. Many petitioners who fall under AWA provisions are stuck.
According to the USCIS, a successful AWA waiver application requires that the U.S. citizen or resident petitioner show beyond a reasonable doubt he poses no risk of harm to the foreign family member. Often, a US citizen believes he has enough evidence to satisfy the USCIS because it seems obvious he is not a threat to his foreign fiancee or spouse. However, the USCIS has set a high bar, to the point that nearly all cases are denied. In its current state, the process seems unfair and unbalanced.
Call to discuss a best strategy in your case. We have experience and a good position to litigate AWA denials. Managing Attorney of this law firm is excellent in complex cases.
The Waiver Denial
When the USCIS denies the waiver, there are many U.S. constitutional due process concerns worth examining.
- The “beyond a reasonable doubt” standard imposed by the USCIS is not authorized by the AWA statute;
- There seems to be no palpable nexus between the criminal offense and risk of harm to a foreign family member so that the AWA lacks a rational basis. AWA crimes include situations where a mens rea (mental state) is benign, such as in certain cases of statutory rape (mutual sex play). States have varying definitions regarding statutory rape. The BIA and the courts disagree on the definition of “sexual abuse”[4]. If the supposed pernicious conduct of the US citizen or resident is not identified under the AWA, what trait of the petitioner poses a danger to a family member?
- The USCIS fails to identify a nexus between the criminal act and any potential harm to a foreign beneficiary. The definition of “sexual abuse” applied by the USCIS is vague, so the potential harm to a family member is unidentified.
- USCIS officers lack the expertise or training to make appropriate findings;
- There are no published regulations or official standards for review;
- Operating procedures openly display a strong bias against approval, thereby curtailing objectivity;
- There are no apparent safeguards to ensure USCIS officers exercise discretion objectively;
- The need for rehabilitation is presumed by the USCIS, but not clearly identified, so what it takes to satisfy the “no risk” determination is vague;
- There is ex post facto punishment for convictions that predate the AWA; and
- The fact that rapists and murderers are not prevented from immigrating foreign family members suggests the AWA statute is more of a punishment targeting certain US citizens than a safeguard protecting foreigners.
Harsh treatment of AWA cases by the USCIS is incidental to its “sole and unreviewable discretion” to approve or deny AWA bar waivers[5]. Social stigma tied to those who have criminal convictions involving sex acts with minor children seems to be a contributing factor in the decision making process.
When an AWA waiver is denied, it normally should be appealed to the Board of Immigration Appeals (BIA). In two companion cases, the BIA indicates it has no jurisdiction to review the denial by the USCIS due to the sole and unreviewable discretion of the USCIS[6]. The BIA also asserts it does not have jurisdiction to review constitutional concerns[7].
There Are Two Ways to Appeal BIA Decisions
1. U.S. District Court
A recent case out of the Western District of Missouri (Bremer[8]) asserts that it lacks jurisdiction to, “review all of Plaintiffs’ claims pursuant to the judicial review scheme established in 8 U.S.C. §1252(a)(2), which bars judicial review of the Secretary of Homeland Security’s discretionary decisions and actions by declaring “no court shall have jurisdiction to review (ii) any other decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security” 8 U.S.C. § 1252(a)(2)(B)(ii).
The statute further states that § 1252(a)(2)(B)(ii) should not “be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals” Id. at § 1252(a)(2)(D).” The District Court essentially kicks the matter over to the Circuit Courts of Appeals.
2. U.S. Circuit Courts of Appeals
The Eighth Circuit has held it lacks jurisdiction to review the denial of a petition because it “does not involve an order of [deportation] removal.”[9] The Ninth Circuit has cited Ikenokwalu-White and said “[w]e agree with the Eighth Circuit… Thus, where there is no final order of removal, this court lacks jurisdiction even where a constitutional claim or question of law is raised.”[10]
Many legal practitioners will conclude there is no court available under statute to review a decision of the USCIS unless and until there is a court ordered removal (deportation). However, a removal order does not address the constitutional problems associated with a USCIS denial and BIA refusal to review that precede removal proceedings.
Often, foreign beneficiaries are outside the U.S. and so will never be subject to removal proceedings. For those foreigners in the U.S. who are out of status, Immigration and Customs Enforcement (ICE) might choose not to place the foreigner in removal proceedings for various reasons, which means the foreigner simply accrues unlawful presence in the U.S. without a remedy and the citizen or resident petitioner never gets his day in court. Where constitutional claims are at stake, the courts must have jurisdiction.
The current thinking is to file either in:
- District Court and argue against Bremer, or
- both the District Court and also the Circuit Court of Appeals to try and force the courts to determine where constitutional due process claims can be heard.
Ultimately, either the AWA statute or the USCIS application of that statute should fail.
Your Case Must Be Properly Planned and Well-Prepared From the Start
If your arguments are not correct or you have not followed proper procedure, you cannot appeal or litigate in court. You cannot appeal when you make mistakes. You also cannot take advantage of others’ successes because your case has deficiencies. You need a good immigration plan up front. It may be that you are not subject to the AWA or that there are other ways to bring your foreign family member to the U.S. and sidestep the AWA bar.
We have successfully obtained waivers. Call to discuss a best strategy in your case.
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References
- Adam Walsh Act Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 12 Stat. 587 (AWA)
- Section 402(1), as amended, of the Immigration and Nationality Act
- INA 101(a)(15)(K), as amended
- Ninth Circuit v. Board of Immigration Appeals: Defining “Sexual Abuse of a Minor” after Estrada-Espinoza v. Mukasey, Washington Law Review Vol. 84:523 (2009). AWA section 204(a)(1)(A)(viii)(I)
- Matter of Introcaso, 26 I&N Dec. 304, 306 (BIA 2014); Matter of Aceijas-Quiroz, 26 I&N Dec. 294, 295-96 (BIA 2014)
- Matter of Fuentes-Campos, 21 I&N Dec. 905, 912 (BIA 1997)
- Bremer vs. Johnson, Case 4:13-cv-01226-ODS (Fed. Dist. Western Dist. Dec. 2014)
- Ikenokwalu-White v. Gonzales, 495 F.3d 919, 924 (8th Cir. 2007)
- Alcala v. Holder, 563 F.3d 1009, 1016 (9th Cir. 2009)
I am not a lawyer nor a constitutional rights expert, but this draconian standard of proof being employed by CIS in my opinion is unconstitutional. Albeit being criminals with offense against a minor as defined by Section 111(7) of the AWA is not a suspect classification in con law but this is almost on point with Loving v. Virginia, but instead of marriage discrimination based on different race, AWA gives USCIS the power to discriminate based on criminal status and citizen status, especially if the case is for an adjustment of status while in the United States; then both the petitioner and beneficiary being in the jurisdiction of United States to be afforded constitutional rights are being deprived of the right to choose who they want to spend their life with. Then what is the USCIS going to do to the beneficiary who is an immediate relative of a US Citizen convicted under AWA, and unable to adjust? remove them?, truly unfair in my opinion – they are being punished for other’s people’s crime.
Rebecca, Correct. This is an excellent area of law for con. law attorneys and Federal litigators. Loving v. Virginia pertains to due process rights under the 14th Amendment, so that case involves State law. The AWA issue arises under U.S. Federal statute, so Federal law. Still, I agree that due process violations are the issue. Those who’ve been convicted of an AWA crime have a stigma and the USCIS is essentially punishing the U.S. citizen in my view. Perhaps if the USCIS took a more balanced approach in dealing with these cases, the statute could make sense. As it stands, there is some abuse by the government, an injustice, that needs correction. This is the part of immigration work I enjoy.
I am a registered sex offender happily married for over seven years now. My wife is from Mexico and I met her in Houston Texas 9yrs. ago. She came to houston from Mexico on a work visa which has expired many years ago. After 2yrs. of really getting to know each other,We decided to get married back in May of 2008. Had I known that the AWA was designed to allow immigration take away my american citizen right of freedom to get married with someone from another country, I would not have chosen to get married because now my wife is suffering the consequences of this injustice with the adam walsh act. I have spent over 30k within the last 7yrs. of marraige only to see my immigration case be played like a game of pingpong between the USCIS&BIA. On 2/11/2000 I was convicted of sexual assault of a minor. When I was 21yrs. old I had consensual sex with a 15yr. old female at a party. I served 5yrs. in prison and I got out in 2005 with the hope and determination of getting my life together in the most positive way.
I have done well with my life since my release from prison over 10yrs. ago. I have been employed with the same company over 9yrs. now with an income of 50k a year. I have been a homeowner in a really nice community over 5yrs. I have a 4yr. old daughter with my wife who is a true blessing in our lives. I now live my life as a lawful abiding citizen and I have not had any other convictions in over 15yrs.. My only burden in life now is my wifes legal status. She is a college graduate with a bachelors degree in businesss administration. She has never been arrested. She is clean. Its her dream to legally work someday and apply her knowledge from college to work for a good company. But unfortunately the USCIS will not grant her citizenship because she chose to get married to a convicted S.O.. She is being punished for marrying me,thats how I see it! I have submitted everything immigration has requested and they still denied our case. We are still fighting and I will not give up! I love my family and I truly regret my past mistakes that caused me to end up with this horrible burden. Jairo Sanchez
Jairo, Greetings. It’s often a mistake to respond to what an immigration agency requests. Immigration officers generally are paid to find problems and have no qualms about leading you down a garden path, only to deny at the end. Immigration agencies represent the government, not individuals. It sounds as if you were working with an attorney? Are you still with that attorney? I do not want to interfere with someone else’s case. If you would like a second opinion because you do not trust a decision of another attorney or if you do not have an attorney, I would be glad to discuss. I cannot tell the stage of proceedings based on what you wrote. I will eventually want to review the case file. Please contact me off-post to discuss further if you like. These AWA cases are VERY unfair and it is my function to try and challenge injustice. I also look at sensible options to try and keep a family together. Kindly, Allan
Hi Allan ,
I send the application for visa k1 for my fiancee and I received NO1 on March 12 2015 and it was routed to TSC . I want to transfer my case to CSC.Can you please tell me if there is a possibility to transfer it and what are the steps?i called TSC and I was told that it will take 8 months. In California is only 1 month. I haven’t seen my fiancee since. January and I miss him a lot.Im located in Atlanta . Thank you for all your help!!
Maria, That has to be sorted out before you file. There are advantages of working with an attorney rather than proceeding on your own. I can plan ahead. I see you posted this message on the AWA page. If you have an AWA case, it is important to not work on your own. Kindly, Allan
Hi Attorney,
I am a Filipina and my fiance is American. He had this case in 2008 and imprisoned for 3 years. He flew here in the Philippines on 2013 to be with me but unfortunately, because of this INTERPOL, he prevented to enter into my country. We haven’t seen each other for 2 years because of what happened. We don’t know how to file for fiance visa because 1st he had case under AWA and 2nd we haven’t seen each other in real. My question is that, is there anything that you could suggest for us to do about our case? We both love each other and failure is not an option for us. Thank you for your help!!!
Kharen, I’m sorry to hear his entry was blocked. This problem has grown worse steadily over the last couple of years. you could meet somewhere outside the Philippines. Consider Thailand or Mexico or somewhere else. There is no need to meet in the Philippines. Otherwise, he can hire a Philippines attorney to help obtain a waiver or some access to the Philippines to see you. I do not know what is possible since I am not a Philippines attorney. I can forward contact information for attorneys if interested, although I only know them through my international group. What he needs before going further is a good global immigration strategy to put you together as a couple. Having attorney advice early on should help avoid problems such as this. Kindly, Allan
Hi Attorney, thank you for your quick response. We planned to go to Thailand but we met people who had the same case with AWA but also failed to entered and END in prison for days and i don’t like that to happen. Yes attorney, if you could send us people who could us here in the Philippines that would be a big help for us. Once again, thank you for your help. Best Regards, Kharen
Hi Allen, I too have an AWA case from back in 2002 and convictions in 2 counties but really the same case and time period. After my release I completed my sex offender treatment, my parole and probation ended july of 2008. Thats when I went to the Philippines to marry my long time penpal from prison, I wasnt about to forget about someone who cared so much about me even though I told her what I was in prison for, she stood by my side and she appreciated my honesty. We have been maried for close to 7 years and now we havent seen each other since March of 2013. We wrote letters to the Commisioner of immagration, and the department of justice asking for a waiver explaining we have already been together there 6 times previously, and we have been married since 2008. So we are waiting to hear back, however are there any other countries I can fly to to see my wife, that will allow a sex-offender in with a passport. I dont want to pay more than a thousand dollars for airfair only to be turned away again. I paid to fix up a house she found that was only a concrete shell and now a nice livable home for her, I would like to be able to sit on our furniture and sleep in our bed, and play ball with our dog. It hurts to be without her. We waited close to 5 years to finally get a denial, so I responded to show Sh wasnt a risk factor and still they said I didnt prove that she wasnt free from harm. I been out for 9 years and havent committed another crime, and yet she is being punished, I would never hit her, or hurt her in any way, thank god for skype but I cant hold her in my arms through my computer.
Kharen, Thank you. I organize my work through my email. Can you please send me an email through this site and indicate your first and last name, your fiance’s full name, and also contact information? Please include the information on this post and we can start coordinating, o.k.? It’s hard to locate an attorney to help you without knowing more. Kindly, Allan
Yes, but you know Darrel from reading the blog post that you need a global immigration strategy. If you hope to be approved for the waiver, it’s not a good strategy. Were you working with an attorney? That’s a long time to wait to try to be together. Like in the other case, I can poke around and try to locate an attorney in the Philippines who can consider the situation, but a private communication is needed so I can better understand your situation. Please contact me off-post if you have an interest in possibly working together with me. Kindly, Allan
Hi kharen! I got same problem like yours my bf is also RSO and we are looking for a place where we could meet.
Hi Mari, This is a blog post more than a forum, but it’s o.k. I understand this is a common problem not knowing where to meet or even perhaps reside due to a criminal conviction under the AWA. Let me do a bit of research and get back to you on this o.k.? You are welcome to repost here or contact me privately. Kindly, Allan
Hi Allan,
My husband was convicted over 30 years ago with this and about 10 years ago the “victim” and his conspirators made written and oral official statements saying that they lied.
We have been trying for several years now to try and get this to work so that I may be with my husband. I am from Scotland, have an extensive background in engineering, which I hear this area of America is very short on, with no criminal history in the slightest. It was only after our then attorneys told us we had no hope of getting a visa this way. I was under the impression that should we provide enough information to prove that my husband (been together 10 years) is no threat to me. This along with the official statements should prove him to be a suitable green card sponsor, I would have thought.
I am not sure how to go about providing all this additional information to the government though, so we feel a bit stuck and deflated.
Thanks for going through all these messages along with doing what you do, it means a lot to a large group of people including myself and my husband I’m sure! Bill
Bill, It is best in this situation if you are not married and do not file to immigrate, at least until you first have an immigration strategy. It sounds as if you already filed to immigrate, in which case other options to immigrate go off the table rather quickly.
I am not sure the status of your case or your interest in working with me. If you have that interest, you are welcome to call to discuss. I would be glad to talk. I appreciate the compliment. Kindly, Allan
Hello,
I came to US tree years ago.I got married. I didn’t know that my husband is a parole. We didn’t spent a lot of time before got married. Now I am waiting for my greencard. I received a mail from Immegrations.I have a case an AWA. It was not my choose..I don’t know what can I do now?
Greetings. Can you please call me to discuss an immigration plan? Kindly, Allan
Hi, I would like to know if you already handled an AWA waiver, and do you have a figure how many was granted a waiver? What us the timeframe to get a waiver? Or to get through all the process, thank you very much
Tata, Good question. The best tact is to speak with an attorney before you marry and before anything is filed. Each step you take limits alternative solutions.
To answer your question, since about 2010, I am not aware of any waivers granted by the USCIS without the involvement of an attorney, nearly all in litigation and negotiations with the U.S. government attorney. The few that have been approved with involvement of an attorney are peculiar circumstances.
Leading up to about 2014, it was possible to sometimes obtain a settlement in litigation and be approved. Since That time, there were 3 companion cases siding with the government put out by the Board of Immigration Appeals, an agency who makes decisions that apply nationwide. Many believe the BIA decisions are settled, but that is not necessarily the case. The decisions of the BIA are open to reconsideration. The main focus is on the Federal Courts since the problems with the AWA cases are fundamental constitutional concerns.
Currently, you should not hope for USCIS approval. What needs to happen is that you must have a properly prepared case or you cannot appeal. Also, you would not be able to ride the coat tails of someone else’s success if your case is not in line with proper reasoning and arguments. During appeal, the BIA needs to be updated by me or someone like me on current problems in litigation so it can perhaps further consider. You also should be prepared to go into litigation if it gets that far.
Ultimately, there should be successes on these cases, but people often do not know what to do and attorneys all have different tacts. My suggestion is that internet research and forum discussion is not enough. Seek advice and assistance from a qualified immigration attorney. Call and talk if interested in working with the attorney on the case. Shop attorneys and then make your decision. I hear so much misinformation about these cases, and it’s unfortunate. Kindly, Allan
Hi, I resently got married after arriving on a j1 visa three months ago. My husband is under the AWA as he was charged with a misdemeanor a few years ago for putting his daughter’s hand on his penis. Which he has denied. I would like to start immigration process do you thing that this issue will become a process being that it’s a minor crime and he is not a registered sex offender. Additionally, can I get a physiatrist to prove that he will not be a threat to me or our future children after I’ve sent in the needed documents.
Thank you!
Kendeicia, If you work on your own you will be denied and will not have a good strategy for an appeal. You cannot win on appeal if the case was not filed properly in the beginning. It helps to call before you marry so I can try and figure out a best strategy to keep you together as a couple. Since you are on a J1 visa, there might be some possibilities still. You are welcome to call to discuss if you have an interest in possibly working with me on case processing. I will examine options and chances of success. Kindly, Allan
So how many of these “waivers” are even being granted. I’m in the same situation but i’m hesitant to start this process, because my girlfriend has a daughter and it seems impossible to get pass this.
Hello Allan,
I met my fiancee on a dating site, he came to my country to meet my parents July 2014 and we had an engagement party, when he returned to US he filed for a K1 visa which we waited for almost 2years, the Homeland security replied my fiance that he was under AWA which he committed in 2007 and was told to present papers proving he will not be a threat to the beneficiary. However he didn’t have the documents to prove that.
We are intending to get married next year and then re-apply once again, what documents should we present now because once again they will ask my fiance documents that he isn’t in position to present because he doesn’t have them.
We are in a dilemma and would like to know what to do.
Wade, It’s difficult to get the message across it seems. The question is how to put you together as a family, preferably in the U.S. if possible. Nearly all applications are currently being denied at the USCIS level to answer the specific question. So now we need to know what to do about it. This is where a phone call would help so I can understand your situation and help figure out an immigration plan. Proper planning is important for all cases before you file. Once you file, you cut off other possible opportunities and also what you file can damage an appeal. The point is that reading things online is not enough and you should please call for discussion if interested. Kindly, Allan
Annah, Greetings. The best thing to do would be to have your fiance please call me before you marry. The fact that he filed for a K1 fiancee visa already limits your opportunities, so I would prefer to discuss first before taking further action. It’s inevitable that people just want to file things with immigration agencies without first having a plan and this is unfortunate. It’s better to call an immigration attorney first, or maybe more than one because proper planning is really important. If interested in possibly working with me on case processing, can you please have your fiance call me and I can see what I can do? You are welcome to call too if you like. Kindly, Allan
Dear Mr. Lolly
How are you? I got a conviction of domestic violence (assaulted battery of a minor) back in the year of 2001. I was in jail for 1&1/2 years. Now, I just got married and my wife is a overstayed with expired F1 visa. We are both in Illinois. I am going to file a petition to adjust her status.
Does the AWA affect my petition? Or, does the AWA only affect the petition for sex offense against a minor?
Please advise. Thanks so much. Sincerely, Wai
Hello Wai. The AWA only addresses sex offenses involving a minor child. If there was no allegation of a prurient interest, then the AWA does not apply. However, a conviction for domestic violence of any type can have an effect on your ability to adjust her status. Immigration officers look to exploit issues and delay or deny. In addition, you have the overstay issue on the F1 to consider. Both issues are very likely solvable, but it would also help to have an immigration attorney assist if the fee is reasonable. You are welcome to call me to discuss if you have that interest. Kindly, Allan
Hi,Allan my case got denied ! The Uscis and the government seems to make up laws as they go into the future .and punish people that was already convicted in my eyes and a lot of people thats Double Jeopardy . why are not defense lawyers having a field day in court about these types of cases for the AWA.like my case for example my case was finished in 2002 before Bush signed the law in july 2006 so the law should not apply to anyone before that month .there is also laws for that also .dont you think . so why are not these super big shot lawyers finding ways to help people in this country so we can live in peace with our spouse . i am just pissed off at our system .
Ron, Yes, an argument can be made that application of the AWA retroactively is ex post facto punishment of you. However, it is not so straight forward. The government will argue that this is a remedial action to protect children, spouses, parents, and the public at large. It’s not a punishment, but a public safety issues, to it’s permissible to apply the law retroactively. There is case law to support such theory. Even so, there are other ways to argue this is an ex post facto punishment of you.
You mention big shot lawyers and defense attorneys. Are you currently working with a lawyer now? You must be working with a qualified immigration lawyer who has a global strategy for you. If so, then you should already know what’s next. It costs some money to work with lawyers, but many have reasonable rates. Kindly, Allan
Dear Mr. Lolly,
Thanks so much for your reply. Even though we are both in IL, I may move to CA because of a new job. Can she come with me? If we move to CA, can we submit our petition there? Also, would you please tell me how much is the fee if we hire you to represent us?
Thanks so much. Wai
Wai, Thanks. It’s possible to file a petition in either location and even if you are moving to California. This is a planning issue. I will want to time it with your planned move, but I don’t know when it might be. The fee depends on the amount of work. I can quote a flat fee if I can better understand the game plan. Can you please call me to discuss? I would not charge for the phone call and then you can decide what you want to do. Kindly, Allan
Hi Allan,
I am a registered sex offender. I met a woman from the Philippines online about a year ago. We talked and/or texted daily and in March decided to marry. Marrying here was not an option because travel visas are routinely denied to filipinas who cannot present ironclad proof of their intent to return to the Philippines. A return ticket is not enough. Marrying in the Philippines was not an option because my schedule and obligations prevented me from spending the required 10-day waiting period for a marriage license. In scouring the internet for a solution, I discovered proxy marriage. I hired an agency to facilitate this. My fiancé completed her forms in the Philippines, had them notarized, and mailed them to me. I took them to Colorado where I met the agency’s paralegal, and was legally married on April 30th. We nearly missed this opportunity as the State of Colorado changed the requirements only weeks later to require that at least one party be a Colorado resident. My wife recently filed our marriage certificate with the NSO in the Philippines.
After the marriage, I discovered that immigration also required a face-to-face meeting before a spousal visa could be considered. I booked a hotel in Manila for 2 nights. When I got there, Philippine Immigration refused to allow me to enter the country. I was kept in detained until the next flight out the following morning. They escorted my to the gate and watched me board the plane. It cost me over $2,000. I thought of meeting her outside of the Philippines, but was afraid of being denied entry into another country, and wasting more money. I went back to the internet and discovered transit hotels. There are a small number of these scattered throughout the world. They are on the secure side of the airport. No passing through immigration is required. I made a list of all the transit hotels I could find, eliminated the ones we couldn’t both freely travel to, then looked for the cheapest combined airfare. We settled on Singapore. It has 3 transit hotels within the airport, though the price was steep. One day and night cost about $400. Our combined airfare was about $2,000. Our time together would cost about $100/hour. I flew to Singapore and checked into the hotel without any problems. When I arrived in Singapore, I found out that she was “offloaded” by Philippine Immigration. They wouldn’t permit her to travel to Singapore to meet me. I didn’t think that was even a possibility. US Immigration would not prevent a US citizen from traveling. They don’t even watch who leaves. Why should they? Their concern is with who enters. Not so in the Philippines. Another $2,500 down the toilet trying to fulfill an unfair US Immigration requirement. We are still working on the mandatory meeting. We are going to look into getting permission for me to visit her in the Philippines through a waiver. This has been a nightmare, and now I find out that the meeting is not even the toughest part. There is the Adam Walsh Act. I would like to bring my wife to America. It shouldn’t be this hard. If she were from Chile or Taiwan or 50+ other countries instead of the Philippines, she could simply fly here. The Philippines are supposedly our friend and ally, but they are poor. My resources are depleted, and I don’t know what to do next.
Stephen, Have you been working with an attorney already on these issues. Online research has a lot of good information, but it also helps to work with me or someone like me before taking action. I would have spoken to me before marrying. If marriage was her only option, then I am glad you did the proxy marriage. I’m curious to see the research you’ve done on transit lounges. In many cases, I like the idea of meeting at border checks such as transit lounges, or even across the U.S. Mexico border. However, in an Adam Walsh Act case, it’s not a very good step to take. I wonder the reason she was bumped by the Philippines upon exit? This was typical for former communist countries. It may be that the Philippines has a political relationship with Singapore and so the Philippines is screening who goes there. I would like to know the details. You are welcome to contact me if you have an interest in working with me on case processing. Right now, you have a logistical problem, so the call is without charge. Kindly, Allan
Hi Allan,
I also have a similar case.My green card was denied due to my husband past he is register as sexoffender 3rd degree.
I came here as a tourist and change my status as a student . I went to college and then university here but I didn’t finish because of this problem.
We got marry for 5 years , we received the intent of denied letter so we hired a lawyer , unfortunately my case was denied. I lost my work permit and driver license . It’s very difficult to find a job without these papers. We have a baby a year ago and our financials are struggling a lot. We pay a lot of money to this lawyer who now I think didn’t give enough information to the uscis . The only thing I want is to have a work permit and driver license so I can work or finish school somehow.
It is so unfair I have to pay for something I didn’t do. I don’t have any convictions or haven’t being in jail.
I don’t know if I should reaply again of if there is any other way I can obtain some kind of paper work .
I will greatly appreciate if you can help me with this matter .
Talia
Talia, This is a familiar story. Can you please call me to discuss? There is no charge. It will help to be in a quiet location so you can focus. To answer a couple of your questions, there are States who will issue driver’s licenses even though you have no immigration status. Also, you should be able to attend school even without lawful status. Finally, it is unlawful to work without work authorization. However, we have to consider the consequences of working as compare to your current problem of being out of status. It will help to know when you were denied by the USCIS for adjustment and also whether you were unlawfully present prior to filing for adjustment. I hope to hear from you. Very kindly, Allan
Hi ive fallen in love with a girl from the philippines and we want to marry and id like to bring her to the US i love her very much , i was convicted in california ten years ago of a 261.5 i dont have my paper handy to know if what specific letter it was but i dont habe to register , i been doing some research if i get a certificate of rehabilitaion from a judge which automaticly from what i understant counts as an application for a governers pardon if i get either the certificate or get the pardon would i no longer be blocked by awa to petition my fiance and if awa would still block me is there any other way to get her to the us aside from the fiance and spousal visa
Ben, The effect of a pardon is unclear. I would need to consider it with your criminal attorney. In most cases, actions such as expungements (rehabilitation) do not erase the crime. Such actions are remedial to seal the record. You were still convicted at some point. However, a pardon is a bit stronger than expungement, so I would need to consider the effect with the criminal attorney. My suspicion is that you will still remain under the AWA for immigration purposes. In terms of her ability to come to the U.S. by any means other than your relationship, I do not know her situation. Please consider this information:
https://asl-lawfirm.com/blog/what-are-the-different-ways-to-come-to-the-us/
You are welcome to call to discuss further if you have an interest in possibly working with me on case processing. I hope to hear from you. Kindly, Allan
Hi I’m a rso from Illinois,I was convicted 5yrs ago for possession of child porn and served my time and done with probation, I became naturalized citizen before I got convicted. Can i travel to my birth place Philippines? I have dual citizenship Filipino and American.,..does the ban apply to me being a Filipino by birth or only to foreign nationals? I’ve just recently reacquired my Filipino citizenship and Philippine passport
Mark, If you are a dual citizen of the Philippines and the U.S., I cannot imagine how a government would prevent you from entering your own country. You should consider using your Philippines passport when traveling there and I don’t see a problem. Even if you are stopped, you should be allowed entry at some point. Very kindly, Allan
Hi There,
I have been feeling oddly positive about our appeal until I read through this thread. My husband served 2 years, 11 years ago for having consentual relations with a minor who was only a few younger then him at the time. He was overcharged and it has almost ruined his life. I am a forigner, we met 4 years ago and were married almost 1.5 years ago. I have been in the US on two seperate E3 visa’s until we were married in June 2014 and we filed for my citizenship in September 2014, I received a letter of intent to deny just one week before our scheduled interview. We appealed and I must say that appeal was strong. We spent a lot of money having him formally reassessed by specialists (who granted him no threat at all) as well as lengthy letters of recommendation from his ex parole officer, university officials etc. I received a letter in this month that due to circumstances that have “nothing to do with [our] case” our appeal is delayed, with no word as to where things are at. From my perspective I am stuck. If something were to happen to a family member back home, I could not go as my husband and our business and home is all here. We have a company together although my name is not on anything, we are very much in love and extremely happy people. It will crush him if this is denied again – I could potentially reapply through our company but it is definitely not ideal as a permanent solution. I would appreciate any advice. Our immigration lawyers are lovely but they have zero experience in this arena. It is taking a very very very long time to hear nothing. I’m hoping that’s a good sign. Please advise as I would be more then happy to shift gears with your services. Thank you.
Thanks Jennifer. It helps to work on a back up plan. Have you looked at your options relating to business migration? As for the AWA matter, the case needs to be set up for Federal litigation. We always hope for the best news of petition approval, but prepare for the worst. If an immigration agency is being unreasonable, then we have to look to expose the weaknesses in the government tactics and convince a judge of the fundamental unfairness. It’s a tough road, but doable given the fact that the USCIS denies nearly all cases. The denials are detailed, but lack sensibility and this is your leverage. You are welcome to call to discuss if you like. I do not want to interfere with the guidance of another attorney so I will be careful. However, second opinions are healthy. Kindly, Allan
OMG I am getting sick! just recently, I caught wind of the HR 515 International Megan’s law and became devastated by your information above and the law itself. I thought I had a fool proof strategy in play: i met some one on social media where we fell in love and intend to get married.
She was an Over Seas Filipino Worker (OFW) working in hing Kong at the time. So we sent her back home to the Philippines, where I’ve paid for her annulment–her husband had abandoned her and the four kids), I’ve been supporting her for a year and a half now. We are close to the annulment being completed and was panning for me to go there and marry, as the best way to get her into the US rather than a fiance visa.
And now, just at a time when in my life where these registration laws arent causing any embarrassment or troubles, I’m learning I cant go there or bring her here! The Philippines certainly arent going to allow me into their country being notified of my arrival and “sex-offender” smeared some where in a noticeable place (HR 515),and I can see by this I have no options to bring her here!
if you have ant solutions for my problem I’d like to speak to you, please…
David, Greetings. It’s so hard to catch people early enough. She could have divorced in Hong Kong and saved a bunch of time, in addition to working. I know the Philippines government would not consider the divorce valid, but I’m not so concerned about Philippines law as I am about U.S. immigration law. They are different.
Can you please call me to discuss options going forward? Very kindly, Allan
Hi Allan, now that president Obama signed the bill into law to mark passports of sex offenders, should I be worried traveling to Philippines this year?i mean will Philippines still allow me to enter my country of origin? I have a current US passport and Philippine passport..last year I was able to visit without a problem only when I arrived back to LAX airport were they stopped me and were questioned
Mark, If you are a dual citizen of the Philippines and also of the U.S., then you should be able to enter the Philippines as a Philippines national. You should not need to rely on your U.S. citizenship to enter the Philippines. You should double-check with a Philippines attorney to make certain. However, everyone should be allowed into his own country no matter the crime. It makes sense you will be stopped returning to the U.S. for screening. However, you are also a U.S. citizen, so you should eventually be allowed to reenter the U.S. Kindly, Allan
I still have a current US passport which will expire in a few years can I still use it or do I need to get a new one with a sex offender identifier? It’s the international Megan’s law that the president signed this February 2016 that every person convicted of sex crime will have thier passport stamp?
Mark, If you have a valid, machine readable passport, then you should still be able to use it until it expires. I am not aware of any obligation on the part of the U.S. citizen to turn in a valid passport. If I hear of anything, I can post. However, you paid to have that particular passport and it’s not expired. Kindly, Allan
Sir I am a rso who recieved a adjudication of withhold in state of Florida. I was not actually convicted but still required to register. I was 26 and had sex with a girl who told me she was 18. We were on a military base so I never questioned her truthfulness. Nevertheless she turned out to be 15. I completed all terms of the court and even released from probation two and half years later. I met a wonderful girl online about three years ago and we want to be together but because I am on registry I can’t go there and I can’t sponsor her to come here, I need to find a legal way to get past these hurdles. Any suggestions would be appreciated. Thank you.
Greetings Justin. You have two immigration issues: 1. whether you can meet in person to satisfy K1 fiancee or CR marriage visa requirements; and 2. whether the AWA will prevent you from immigrating her and a no risk determination is needed. The USCIS will very likely assert that you fall under the AWA despite the fact that you have adjudication withheld. I will need to review your criminal proceedings and research to better understand the strength of an argument that you do not fall under AWA. Separately, there generally are ways to either satisfy the in-person meeting requirement or waive it. A waiver is typically a battle, so we will first want to examine the possibility of meeting, even if not convenient. I’ve successfully handled many waivers of the in-person meeting requirement, so we should have a good discussion. You are welcome to please call me if interested in possibly working together. I will be glad to discuss and assist. Kindly, Allan
Sir, thank you for the quick response. The other thing I would like to explore is a lawyer in Philippines maybe able to argue that while I am registered I was not actually convicted and maybe get me a waiver to enter philippines. So I was wondering if you could forward a referral for an attorney there in Philippines.
Justin, Yes, I can provide contact information for Philippines immigration attorneys in my group. There are several that are Philippines licensed attorneys. You are welcome to contact me to discuss your case and I can forward contact information. Kindly, Allan
I petitioned my wife who is a Filipino national for permanent residence over two years ago and we are still waiting on a response from DHS and USCIS regarding the AWA intent to deny. Is there anything I can do in the meantime or to prepare if it is denied?
Thank you
John, Yes. Did you file the petition and waiver with the assistance of an attorney? Normally, I first look to see if there are other ways of immigrating her to the U.S. to avoid an AWA issue. If not, then a petition and application for a no risk determination must be prepared with litigation in mind. If your arguments and submissions have weaknesses, you cannot likely win on appeal. Finally, if you you have a good case filed, a mandamus action can help prompt the government to act. It is not clear to me based on what you wrote whether it is a good strategy to move quickly or to slow case processing. I would need to know more about her location and current immigration status if she is in the U.S. Kindly, Allan
Hello Sir,
I am wondering if you know anything on the Bakran vs Johnson case? If so , is it still pending on a verdict by the judge or has it been dismissed in favor of uscis? Thank you.
Greetings Abu. I do not know the current status of that matter in Pennsylvania. Typically, there is a jurisdiction scuffle before the matter can proceed on the merits. There are some good legal minds working on AWA cases. Given this is cutting edge law, please don’t put too much reliance on a single case status. There are many techniques and arguments to flesh out. It helps to discuss your case with an immigration attorney so you can understand your chances of success. Kindly, Allan
So if I’m a duel citizen , I can enter the Philippines again? I have clearance to travel letter from the LAPD and I’m only registered due to a plea bargain . I was charged with battery . So should I have any problems going back for a couple weeks ?
My flight is this Sunday and I really don’t want to go just to be sent back. Please reply
Mason, You would need to ask a Philippines attorney. However, think about it. You are a citizen of the Philippines. I am sure there are other Philippines citizens who have criminal convictions and who are allowed to travel. I don’t see why you should not be able to enter your own country. I am only licensed for U.S. law, so I cannot give legal advice on Philippines law. Kindly, Allan
Hello Allan,
I do have a immigration lawyer currently, it’s also my second i130 petition, which I filed back in may 2015. I was fortunate enough to get my wife and our two boys whom are both U.S citizens out of Yemen, a war torn country , ten months ago. We have been living in Egypt since and it’s been very tough for us. I’ve tried expediting the case a few times . The first time they accepted but than they denied it. I think because it’s a Adam Walsh act case. I did my biometrics in Egypt in November 2015. I have been calling uscis at least once a week but no luck. Their reply is you’re case is on hold and we have no time limit on you’re case. My lawyer keeps telling me to just wait and their is nothing we can do even though my family is considered as refugees in egypt. We lost our home in Yemen and I lost my job in the u.s and I’m having financial problems. If you’re able to help please let me know.
Thank you
Abumohamed, It is possible to file a mandamus action in Federal Court to force the USCIS to reach a decision if delays are unreasonable. It’s likely you submission to the USCIS will be denied. Does your attorney have a strategy after that point?
Your wife may qualify for political asylum. Have you looked into this possibility? Perhaps discuss these possibilities with you attorney. I would be glad to discuss with your attorney as well if he or she has not considered options. Of course, immigration processes cost a bit of money, so if you have financial difficulties because you live in Egypt, it may help to put your family in a safe place and then return to the U.S. to work once you have a winning strategy. Very kindly, Allan
We have a AWA case were currently denied my husbands petition for me in Jan 16. We then had the option of filing an appeal with BIA or federal litigation. As we did not have enough money to pay for federal litigation we chose to appeal with BIA – do you have any experience on processing times and or deferred adjucation that the law states is only applicable for the alien but it is wrongfully applied onto my husband who is the us citizen. We have an attorney but I would like to get a second opinion…
Hi Allan, my question is for mason. he said he had a flight to Philippines and that was a month ago I was wondering if they let u enter the country? I have a flight to Philippines as well in a few weeks
Rebecca, I’ve researched good public policy reasons to believe that deferred adjudication should be treated as a conviction for purposes of the AWA. However, I’ve also spoken with other AILA immigration attorneys working on AWA cases who want to argue that deferred adjudication should not fall under AWA. I will need to do more research on this issue when I have such a situation. This area of law is new and so requires quite a bit of research and planning. Unfortunately, it does cost money for attorneys to flesh things out because there are so many issues to be sorted out and so much time is needed to make sound arguments. I wish I had a clearer answer. Kindly, Allan
Mark, Greetings. Please check with RTAG: http://www.registranttag.org/. This forum is specifically set up to monitor international travel for those who must register. Separately, I have a client on a U.S. sex offender registry list who was able to obtain a waiver to live with his wife in the Philippines while we are immigrating her to the U.S. Kindly, Allan
Hi Allen, it is still not clear to me to the answer of how many people have won the case of a sex offender (level 3 if it makes any differences) sponsoring his spouse a green card. Do you know how many it is? And have you worked on this case? My partner and I planning to get married and be together forever but after doing this research it just breaks my heart thinking that I can’t be with him forever? He just did one mistake and he is not a free man for life? Also this happens when he was young below 18 which suppose to be a juvenile. Anyway for now I need to know how many cases that have won and is there any information and stories that I can read? Like a proof of the winning cases and success stories? Thanks.
Hi Allan, do u know about the legal capacity to contract marriage in Philippines? I need This before I marry my fiancé in Philippines and I’m an RSO, do u think I’d be able to acquire the certificate without any problems?
Andy, Since 2010, there have been a small number of approvals, all of which involved a government attorney, save two of which I am aware. One case that did not involve a government attorney involved a U.S. citizen who was in his seventies. The other case involved an appeal on a K1 fiancee visa. The fiancee visas offer a method of case processing that is different than what you would normally see in general internet research.
However, I personally am optimistic about these cases. I would not help with them if I felt they were not viable. There are so many arguments showing governmental abuse that at some point, the government recalcitrance must fail. If not, then we don’t have “laws,” just abuse. The appeals processes are tedious, but worth pursuing.
The question in every case is how to put the couple together efficiently. Separately, what immigration benefits can be obtained for the foreigner? This requires discussion. If you like you are welcome to call me to discuss. I try to be reasonable with my rates and help out where I can because these cases are the reason I went to law school. Kindly, Allan
Ray, Yes, you are referring to a certificate of singleness. Our U.S. Federal government does not maintain a vital statistics registry, so this is why Americans are unfamiliar with the requirement. Some, but not all, states in the U.S. issue certificates of singleness. You don’t need it. What you can do is make an appointment with the American Interests Section at the U.S. consulate nearest to where you are in the Philippines. Pay for an affidavit of singleness issued by the U.S. consulate and this should satisfy the Philippines requirement. Kindly, Allan
Hi! I am from the Philippines, i just got married to my american husband 6 months ago. My husband now is under costudy in los angeles california for 4 months. He is fighting for his case in court as sex offender. Before he got arrested he already passed the petition application for me and while he is in jail the immigration is asking him to submit the requirements for petitioning and he can’t comply with it. My question is, what will happen to his petition application? Can i still go there with the help of his family? Because my husband needs me, my mother in law is too old to face this kind of problem. Please help me know. Thank you so much and God bless you!
Lla, Unfortunately, if your husband already pled guilty to a crime that falls under the AWA, then the USCIS can give notice to revoke his immigrant visa petition for you. There may be defenses to this attempt to revoke. However, there is not enough information to decide. I am here to help with case processing. He did not file with our offices. He should normally contact the attorney who was helping with his immigrant visa, if he has one. If he has an interest in pursuing a visa for you or wants a second opinion concerning options, he or his family member is welcome to call to discuss. Kindly, Allan
Hello I am a registered sex offender and thinking about marrying a girl from jamaica. This will be my second time 10 years ago before my crime i married a girl from philiippines. I know you are allowed 2 per lifetime.. My question is that I live in norfolk virginia would you handle my case.. and is it better to file fiancee visa or go to jamaica and get married. Plus have you had any success? I met a girl online said she was 19 turned out to be 14 not sure if details of my crime matter. Please reply thanks
Brian, Can you please call me to discuss an immigration strategy before you marry? I want to look at all her possibilities to immigrate before you commit to going down the marriage path. It will not be a problem that this is your second attempt at immigration. The AWA issue is the main problem that needs sorting out. Yes, I can assist. I have other clients in Virginia, including another AWA case there currently. Clients reside throughout the world, so we are set up to service everyone. Please call to discuss if you like. Kindly, Allan
Hi Allan! I’m a RSO from Arkansas and committed my crime in 1995, was sentenced in 1997 for sexual assault of a minor, served 3 years, and met my wife online in 2005 while still on parole. I went to the Philippines in 2007 and after a short stay we were married there so all her family and friends could attend. I had never even heard of the AWA until I tried to petition for my wife.Then the nightmare began. That petition lasted 4 years until they finally denied us. Then we appealed the decision. After 3 years we were told there was no time limit on deciding the case so we finally gave up and dropped the appeal and filed a new petition with new proof. That was 1 1/2 years ago and we’re still waiting again. I think 2012 was the last year I was allowed to even be with my wife. My local law enforcement informed the Philippines I was coming that time and they stopped me at customs and sent me back home. I haven’t got to hold my wife or be with her in 4 years. I’m willing to try any kind of visa or do anything that would allow us to be together, whether it permanent or even just for a short time together. I don’t mind being punished, but my wife doesn’t deserve all these years of punishment when she’s never done anything to deserve it. She says she feels like she’s being raped every day of her life by our government. I took a year long sex offender treatment in prison, had 6 years of counseling after prison, had a psychological evaluation by a licensed psychologist saying I posed no risk to anyone, took a vsat, etc. etc. and nothing works to help us get approved. Do you think you can help us in any way? Thanks!
Bruce, Leading up to this point, have you spoken with a licensed attorney? The best choice is to receive good legal advice early in the process. Government officers work for the government, not for you, unfortunately. They tell you there is no time limit to process a case, but there are legal remedies you can press in court to force the government to act and to be reasonable. At the moment, the government is not reasonable in it’s handling of AWA cases, so you should not expect favorable treatment, unfortunately.
In terms of travel to meet each other in person, there is a recent RSOL group forming to help see what can work: http://www.registranttag.org/. I also have a client who was successful in obtaining access to the Philippines that I can share with you.
In terms of your wife’s immigration to the U.S., please contact me off-post if interested in working with me on immigration processing and we can discuss. Kindly, Allan
Hi, my bf is USC and RSO in California and this thing happened when he was in US army in korea. Hhe was convicted for possession of child porn and origninally sentenced to 15 months but served for 11 months due to sentence being reduced and good behaviour. (there were no probation and no parole)
In short, we already sent K-1 visa but my bf forgot to sign one document so the package is back to him and then we figured out about AWA and i am not sure what to do now. Is it ok to keep doing the visa or do we need a lawyer for this visa or do we need to get married in my country and file for marriage visa??
Please help us.
Thanks
Kim, You need a lawyer, clearly. Please have him call me to discuss if interested in our legal services. I can help sort out a plan and give assistance. Kindly, Allan
Hi Mr. Lolly,
Like so many others here I too am a RSO. I spent 8 years in prison and took the sex offender therapy class while incarcerated which I did very well in. The therapist wrote in her report that it was evident that I put a 110% effort into my assignments and didn’t feel that I would be a threat to society upon release from prison. I am told that the therapists don’t normally write such reports but keep them more generic.
Since being released from prison (June 2009) and released from parole (June 2011) I have not had any issues that would threaten my freedom or put anyone else in harm.
I haven’t been to a therapist since my release because I truly feel that I have made a change in my thinking (and as a result my actions). I am a Tier 1 offender in the state of Michigan. Since my release I have been involved with the church (with the exception of the past couple years). I have had a great work record with two different companies. I just talked with my current boss (who use to be a defense attorney) and he said he would write a letter of character on my behalf and I’m sure I could get ones from the pastor at the church I had attended and my previous boss.
My first question is: would getting character letters from these people help prove that I am not a threat to society or does it have to come from a licensed therapist? I would be happy to go see one but I am afraid that it would appear that I am only doing it for the letter.
I flew to the Philippines in 2015 and met my fiancé in person but when I flew out there this past April 2016 immigration refused to let me in. The immigration told me that I could file to have my name taken off the list. I have checked and I can file to take my name off the sex offender registry after I have been on it for a minimum of 10 years. That will be in 3 years. I only have to register for a total of 15 years.
My second question: If I am able to get my name off the list after 10 years or after I have completed the full 15 years will I still face issues with marrying my fiancé? Of course we want to marry ASAP but if we have to wait we will do that. We would just like to know what kind of fight we are in for and how to prepare for it.
My last question pertains to the new president of the Philippines. The new president, Duterte, is said to want to end relations with the U.S. If this is true and he succeeds at ending the relations with the U.S. how will that effect my chances of getting my Filipino finance to the U.S.?
Thank you,
Bill
Bill, I cannot speculate on the new president directives. You currently qualify for a fiancee visa it seems. Coming off the sex registry may or may not affect your ability to travel to the Philippines. You are already targeted, so I do not know whether that can cause you difficulty in the future. I believe that for those who come off the sex registry and travel to the Philippines for the first time, there is not a problem. Also, it can be possible for your fiancee to apply for a waiver to go to the Philippines even if you are on a registry.
You will likely fall under the AWA regardless of whether you come off the registry if the sex offense involved a minor child. If so, then it is likely a good idea to move forward with case processing for your fiancee and also at the same time have her work on a waiver for you so you can visit the Philippines. If you delay and are unable to visit the Philippines, you will no longer qualify for a fiancee visa.
In terms of preparing an AWA case, yes, affidavits from friends, but also a medical evaluation is necessary. You should contact someone like me and work with an attorney on the AWA case. This is not an area of law in which to work alone. I’m available if you would like to talk.
In the meantime, I recommend that you join RTAG, a group whose members are RSOL and share experiences concerning travel outside the U.S.
http://registranttag.org/
Very kindly, Allan
Hi Sir Allan, I have a question My husband is a US Army Retired 100% Disabled Vet (Registered Sex Offender Tier 1) He was been in penitentiary for 15 years and in his case no parole we meet online and he came to visit me here in the Philippines last Dec. 06 2014 and after a few months of being together we got married here after the marriage he filled for an Spousal visa for me. We been together for almost 9 months here in the Philippines. We went to BI last July 3, 2015 to extend his tourist visa but his passport was hold and we find out that his on the blacklist order of Non-Compliance with the OTL. He voluntarily went back to US last Aug. 6, 2015
Is there a possibility that he can come back to me here in the Philippines while the petition is still on process or can you give me a referral attorney here in the Philippines to lifted his name in the blacklist? And what would be the best to do so our petition get approve by the USCIS. He asked helped from the senator of congressional inquiry and they said that the USCIS still doing a background check.
Thank you! I hope to hear from you about this matter.
Aime, I am sorry to hear your husband was unable to extend his stay in the Philippines. A client of ours in the Philippines was able to obtain a waiver. The Philippines wife went to Manila to apply for a waiver. She was initially rejected, then resubmitted. She was again rejected and resubmitted. She got to know the officers in government while she kept applying. Eventually, the waiver was approved and the client is now in the Philippines. I do not know enough about the Philippines agencies to know where to apply, unfortunately. My expertise is U.S. immigration law. Please see if you also can apply for a waiver in Manila. Also, your husband may want to contact others with RTAG, a group of U.S. citizens who are registered sex offenders who seek to travel internationally. Here is the website: http://registranttag.org/
I hope this helps. Kindly, Allan
Hello, I’m an RSO in california and petitioned for my wife to come from Indonesia. I filed, officially, in April 2015 and just came upon this AWA thing. It scares her and the more I read about the process the more I get worried. My crime was 25 years ago and I still keep my discharge card with me to remember from where I come. It help immensely in the growing up process. I’m disabled and looking for work. We cannot afford an attorney so I’m wondering if you have any advice as to how we can deal with this issue. It was a 288a case. Hope you can point me in the right direction. Thanks and God bless.
John, I do not believe the AWA statute will be void. It will likely stand as law, but at least we as an attorney group are litigating to modify how the law is currently being applied unreasonably. It is not recommended that you proceed if you do not have an attorney. Either save funds or perhaps don’t pursue the relationship. The other option would be to reside with her outside the U.S. I just don’t think it is reasonable to consider you might win a case on your own without expertise. Perhaps if you go to law school? Regrets, Allan
Hi Mr. Lolly.. I am from NYC and am a awa case convicted in 2005. I am a usc and files papers for my Polish wife living in the usa. We have a 2 year old as well. I have been denied from the BIA and that I failed to prove I posed no threat. I have sent them letters from family, Completion from Sex Offense, 3 evaluations from psychologist and it was all turned down. We are in limbo and not sure what else can be done.
Luis, You need to file with the District Court if your original submissions were done properly. Were you working with an experienced attorney? If not, or if you were working on your own, then you likely cannot appeal further. Please call me off-post to discuss if you have an interest in working with me. Kindly, Allan
hi, i was arrested in 1988 for 2 counts of lewd and lascivious act upon the the presence of a child, the satisfaction of the court that i was not likely to engage in a criminal course of conduct, and that the ends of justice and the welfare of society do not require that i should presently be adjudged guilty and suffer the penalty authorized by law. it was ordered and adjudged that the adjudication of guilt and imposition of sentence are hereby, withheld and i was place on 5 years under probation and pay court cost and have 100 hours of public service and attend alcohol/drug/ mental health counseling, i did all that and they gave me only 3 years probation. that’s been 30 years ago. i married in 1996 and adopted a filipino girl then got a divorce after 13 years my daughter is 26 now, but i just got married again in 2013, she is with me and i just retired out of military with 21 years of service, got hurt in kuwait when i went to iraq freedom, i was not convicted but now when we did the change of status the adam walsh act came up and they wanted the court papers, we ask a lawyer from florida he just said give them this that will show them you was not guilty but then they said was was denied, and have to file a I290b they say i was convicted and i was suppose to register as a sex offender, but the judge didn’t give that order to me and i was in army national guard at the time i got out in 1991 but re up in 2014 when my unit went to iraq so i join back up they took fingerprints and i got in, i don’t understand why after 30 years with a good life and no records of arrest, and some of the records i did in 7 years is destroyed, we are going to a immigration lawyer to see what they can do, what do you think about it, if the state of florida said i am not convicted and had no trouble since why they bother us, now we have been married 3 years in december, what will happen to my wife, will she have to go back to philippines, when we payed all that money for visa and plane ticket and change of status and the they denied us and then want another $630 and then we have to hire a immigration which is going to cost us i don’t know how much, they just got our money, what can we do just let the lawyer take care of it, it’s not fair, if the law in 2006 is for that time on and not 30 years back, plus look if i haven’t got in any trouble since then, what are they thinking, confuse, i been to philippines 14 times and never had a problem why now
Bruce, You are correct. It’s not fair, and this is what I’ve been fighting about now for several years.
The attorney who advised you to argue that adjudication withheld is not a problem, was that an immigration attorney? Normally, an immigration attorney would know that adjudication withheld is considered a criminal conviction for purposes of removal (deportation proceedings) when the foreigner is the person convicted. The question is whether adjudication withheld should be considered a conviction in the context of Adam Walsh Act cases. The answer is not clear and needs research.
You have a good case for appeal, but it should be on several grounds and not solely on the issue concerning adjudication withheld. You can potentially lose on that issue and then not have other arguments. The argument you propose may not be your strongest argument, but it is a good one.
What is happening in immigration circles is that you are being targeted as a risk. Since you wear a scarlet letter given your conviction, it is difficult for others to regret the unfair treatment. Unfortunately, attorneys need to be paid for work and we try to be reasonable about the charges. This is cutting edge law, so you will not find easy solutions.
If interested in working together, please contact me off-list and we can discuss a strategy. Very kindly, Allan
I did some research and the most recent inforation I found is that New York state doesn’t comply with Adam Walsh Act. I wonder if this is true and if it is why would people need Adam Walsh waiver or even get rejected under Adam Walsh act. I hope someone can explain. Thanks.
Anon, The Adam Walsh Act has many provisions. The immigration provision applies in NY the same as everywhere else. You are welcome to contact me to discuss your case if you have an interest in working with me on immigration matters. Kindly, Allan
Hi, my husband had a misdemeanour of false imprisonment, Which was dismissed, we applied for a visa in 2010, 5 years later we were denied by AWA.
I have a tourist visa and don’t want to lose it, should we try to reapply again? Is there any chances of getting the approval? reading all these seems impossible!
Alla, This is actually a complicated question because I want to look at the full scope of your options. Even a visitor visa can be cancelled because you are married, or it can be denied when you reapply for it. Also, the visitor visa may work well in your personal family plans, or perhaps not. So, there is a question of how to navigate between immigration options and personal family planning. The fact that your husband’s conviction was a misdemeanor helps. I don’t know the details. A phone call can help. I’d be glad to discuss. Kind regards, Allan
Hi Allen my name is Gerald and I’ve recently met an amazing woman for the Philippines and we would definitely want to be together in the future. However I am an Rso in Michigan. It was a 3rd degree from when I was 18 year’s old. It stems from 1999. I also have a daughter who’s 8 1/2, I’ve been on the registry for almost 25 year’s and am waiting to see if the ACLU here in Michigan will be able to get me removed through the on going does vs Snyder case currently going on here. I could use some sound advice with this issue. We haven’t met in person,but as you know I can’t travel there for this specific reason. We are both willing to wait for each other but I don’t want to break myself only to get screwed by this country again.
Greetings Gerald, My apologies, but I did not see this post until now. It helps to use the Request an Eval to the right when possible for private communications. If you have a specified offense, you must seek approval to immigrate your fiance whether or not you are removed from the registry. Of course, it is best to meet in person if at all possible. Registrant Travel Action Group is an online forum for exchanging information about how to meet somewhere in Asia or elsewhere. A waiver of the in person meeting requirement is possible if there is not a reasonable way to meet. Obtaining a no risk determination under the AWA is difficult, but not impossible. We had another one approved within the past couple of weeks, but approvals are rare. Submissions are tedious. I cannot detect a profile that is most suited for approval. Can you please call to discuss at 858.483.0311 if you’ve not already done so? I hope to hear from you. Kind regards, Allan