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PETITION DENIED!!!!!

IMBRA Adam Walsh Act Denial

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#1 Reddragon75

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Posted 04 January 2013 - 12:18 AM

Well.....I received another email from USCIS today letting me know that our petition was denied. Words can't express how I feel right now. I mean....after making us wait for over 3 years, and allowing us to have the hope that it will be approved, they decided to deny it. I don't know what to do. I want her to come to the U.S. to be with me. But, if they denied this one, then they will only continue to deny any petitions I file. I am filled with so much hate and anger right now that I feel like I am going to explode.

I don't want to stay living in China for the rest of my life, especially since due to my criminal history, I can't get a good job here in China. I just don't know what to do. I love my wife with all my heart, but I don't want to stay here in China forever.



#2 warpedbored

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Posted 04 January 2013 - 12:29 AM

You need a lawyer. I'd recommend Marc Ellis.

#3 Randy W

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Posted 04 January 2013 - 12:30 AM

So sorry to hear this. Best of luck to both of you in whatever you decide to do.

#4 dan1984

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Posted 04 January 2013 - 01:00 AM

I'm very sorry to hear this news, and I wish you the best of luck. I'm not sure of the prices Marc Ellis would charge or everything involved in that process, but I know I'd be on the phone with him to try and get this taken care of in the short-term, and then still have the rest of your life in the long-term to live back in the US. Best of luck once again.

#5 chilton747

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Posted 04 January 2013 - 01:23 AM

As cuzzin Tsap says, everyone gets the visa. Some take longer than others. Mine was a 4 year wait. You might be in for more of a wait than that so hang tough. Yours sounds like a good and true relationship so don't give up.

#6 Mick

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Posted 04 January 2013 - 06:25 AM

It is natural to feel the anger, rage, disappointment, and frustration that you are going through right now. Just don't let that cloud your perspective. Always keep in mind that this is not the final act in the play, unless you make it the final act. Like tsap said, if you keep plugging away at it, you'll get the visa. Take your life in China right now as temporary, but maybe longer than you had planned. Try and make the best of it. I know that is easier said than done, but it can be done. Your lady needs you right now as I am sure she is equally upset, maybe more so.

I am sorry to hear of this turn of events but I think with grit and determination you can turn this thing around. If you can afford it, Mark Ellis is the man to see for sure.
Good luck in your future endeavors.
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#7 tsap seui

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Posted 04 January 2013 - 03:13 PM

Buddy, you feel your emotions all you want to. It does your body no good to stuff that kind of poison inside.

This is one of the saddest posts I've seen in quite awhile.

You are a fighter, feel your emotions, dust yourself off and get back into the ring with those jokers. Life has lots of unfairness, fortunately not everyone gets to live the downside, but it's in your face now. I feel for you. I'd say, just never let the sonsabitchs win, but in your case I don't think you ever intended that, look at all you have done to win. Use your move to China as more proof of your seriousness and go after them again.

I am assuming that this last e-mail is supposed to be the final thing in their book. They have heard your side, reviewed the evidence and made up their minds.

Okay, if I was in your shoes, I'd try and find a lawyer now to help fight my case with the USCIS. As far as lawyers, I respect Marc Ellis a lot. Did you file from China and your answer came from the USCIS at the consulate in China you filed at? If so, then Marc may well be your man in China. It would be well worth it to run this by Marc and get his take on things. I'm guessing here, maybe after seeing what Marc says by e-mail or phone (he's in Saigon, Vietnam) he will tell you if he can fight the USCIS in a situation like yours, or maybe he can recommend a lawyer in China or in the states who could better serve your needs with the USCIS.

Again, terribly sorry to hear this. Good luck with the next step. Best wishes to your wife who has to be crushed along with you.

tsap seui

#8 Zhou Zhou

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Posted 04 January 2013 - 11:21 PM

I'm sorry to hear about your rejection and feel your pain. I had my let downs and was pissed at their delays and hoops. But like the others have said, you got to stay the course and not give in. We all wish you the best of luck. ZZ

#9 Reddragon75

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Posted 05 January 2013 - 03:00 AM

I did have an attorney. I got one in my home state as Marc Ellis suggested to me. From what I have gathered during research on the internet and my own attorney, a lawyer can't really do much in cases like mine. I submitted all the evidence that was suggested by my attorney, including a signed letter from my wife stating that she was aware of my criminal history, and a polygraph that showed I have never hurt her in any way since we have known each other. I had also notified USCIS that we had lived together for 3 months during the summers of 2009 and 2010. I even called them and let them know we have been living together for more than a year. But, that did nothing to help get an approval.

#10 Reddragon75

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Posted 05 January 2013 - 03:18 AM

Buddy, you feel your emotions all you want to. It does your body no good to stuff that kind of poison inside.

This is one of the saddest posts I've seen in quite awhile.

You are a fighter, feel your emotions, dust yourself off and get back into the ring with those jokers. Life has lots of unfairness, fortunately not everyone gets to live the downside, but it's in your face now. I feel for you. I'd say, just never let the sonsabitchs win, but in your case I don't think you ever intended that, look at all you have done to win. Use your move to China as more proof of your seriousness and go after them again.

I am assuming that this last e-mail is supposed to be the final thing in their book. They have heard your side, reviewed the evidence and made up their minds.

Okay, if I was in your shoes, I'd try and find a lawyer now to help fight my case with the USCIS. As far as lawyers, I respect Marc Ellis a lot. Did you file from China and your answer came from the USCIS at the consulate in China you filed at? If so, then Marc may well be your man in China. It would be well worth it to run this by Marc and get his take on things. I'm guessing here, maybe after seeing what Marc says by e-mail or phone (he's in Saigon, Vietnam) he will tell you if he can fight the USCIS in a situation like yours, or maybe he can recommend a lawyer in China or in the states who could better serve your needs with the USCIS.

Again, terribly sorry to hear this. Good luck with the next step. Best wishes to your wife who has to be crushed along with you.

tsap seui


I thank you for your encouraging words, as well as from others. We did not file from China. I filed from the U.S. 3 years ago and received the denial from the Vermont Service Center. I wish I was able to do a DCF, but I can't due to my history. Unfortunately, the Consulate doesn't deal with petitions that involve a criminal history.

We will do our best to hang in there. We are not sure yet what to do. Good news is that I got a PM here from someone who has a friend who was in the same boat as me that may be able to help me. We will see.

#11 Mick

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Posted 05 January 2013 - 07:51 AM

In studying your timeline, I noticed this was the second denial, is that correct? Looks like they denied a K1, then this most recent denial was for a K3. In the most recent denial (1/4/13), did they give you a reason for their decision? After more than five years of trying to get a visa, seems they would have a hard time justifying a refusal on the relationship not being legitimate. Did they give some other reason? You need to know why they denied it again in order to decide what your next course of action should be.

#12 Randy W

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Posted 05 January 2013 - 08:22 AM

Just to clarify - this is a USCIS denial, NOT on the basis of the relationship, but based on the background of the petitioner. His circumstances are unique to this board.

[quote,name='Reddragon']I got one in my home state as Marc Ellis suggested to me. From what I have gathered during research on the internet and my own attorney, a lawyer can't really do much in cases like mine.[/quote]

To his credit, he IS hanging in there, and will hopefully find a way through the fog.

I'm inferring from what he's saying that his issue is with the (his) local law that affects his ability to petition for a spouse, and not an actual immigration issue.

Edited by Randy W, 05 January 2013 - 08:33 AM.


#13 dnoblett

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Posted 05 January 2013 - 09:31 AM

This is one of those cases where the Adam Walsh Act has ruined a persons life over a stupid mistake they made years ago. The law was meant to prevent sexual predators or child abusers from filing petitions for an unsuspecting immigrant.

http://en.wikipedia....y_Act#Criticism

It was meant to prevent cases like JanyNH, but is so broadly applied that you get situations like this.

http://candleforlove...but-real-story/ (Adam Walsh would have prevented this one)

It seems that the adjudicator with home land security tend to deny petitions where there is a criminal record rather than approve only to let one slip through resulting in a possible case against DHS for letting happen what the law was meant to prevent.

#14 Mick

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Posted 05 January 2013 - 01:07 PM

Dan and Randy, thanks for the background info. Now it makes a least a little more sense. I agree that if this law is applied with too broad a brush, it ends up harming people who, like you said, maybe made a mistake many years back but are otherwise stellar citizens. I hope there is someway Reddragon75 can get this resolved.

#15 Reddragon75

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Posted 07 January 2013 - 10:50 AM

<p>The thing that angers me the most is the fact that I provided ample evidence to USCIS that showed I do not pose a threat to her safety. It included a risk assessment from the psychologist I went to for counseling after my offense stating he did not believe that I was a threat to her, a signed/notarized statement from my wife saying that she was aware of my criminal history(including what the exact offense was), and even an official polygraph report that showed I have never harmed her in any way. I understand that the intended purpose of the law is to protect unsuspecting women, but I have never hidden anything from anyone. My wife knows about it, and I have been more than cooperative and forthcoming with USCIS about my criminal history. The problem is that the petitioner is required to "prove beyond a reasonable doubt" that they do not pose a threat to the beneficiary's safety. How am I supposed to do that?! These people who neither know nor care anything about me, have the power to decide whether or not I pose a threat to my wife's safety, de



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