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PETITION DENIED!!!!!

IMBRA Adam Walsh Act Denial

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#16 tsap seui

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Posted 07 January 2013 - 02:05 PM

You've done everything beyond a reasonable doubt. It sickens me too. I have seen the clumsy overy large footprint of the government in the past. It is senseless and non feeling, often hurting more good people thanone single bad.

It's no help to your emothions at this point but stand your ground, appeal the bastards, fight them man. They are wrong, dead wrong. Yes, unfortunately this will take more time.

I don't care who says it, or how "they" say it is supposed to be...tbut he truth is, in America you are quilty until proven innocent, and in the case of the State Department and it looks like the USCIS as well.....you are guilty until proven innocent, and we aren't going to give you the chance to prove your innocence, or we'll disregard it when you do.

You are looking at the underside of the belly of the beast that is our government, that most Americans fortunately never see nor even realize that it is there. But as you see, it is there and has been for a long time. Many point their ignorant American fingers at other countries but there are just as many sins committed right here.

I got mad, said F-YOU you stinkin' cutthroat bastards, you can take time away from me, but you aren't taking my life and my wife, too.

Fight them buddy, fight them tooth and nail.

I'm sorry to see you and your wife go through this and I have been told NO many more times than yes in my battles with the jackasses but just know, it only takes one YES to win. That is what kept me going in the two wars I had with the government..

Good luck and Godspeed.

tsap seui
So angery I need to chop down a 12 foot diameter tree with an ice pick to keep from killin' something. :rotfl:

#17 chilton747

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Posted 07 January 2013 - 10:38 PM

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.

Apply again and again if necessary.  Let them know that you are within your rights and you ain't backing down for nuthin!!!!  Preload your application with tons of evidence to the contrary that they are thinking.  Also preload your app with tons of pictures proving that you have a great relationship and that you will not let one mistake drag you down.  Go after them with everything you've got.  at some point they will see that you deserve to be with your wife.

Right now they are probably thinking that you will go away.  No chance in Hell!!!



#18 Reddragon75

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Posted 07 January 2013 - 11:38 PM

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, despite the fact that they have no professional qualifications or training to make such decisions.

 

I mean...for Pete's sake....we have lived together in China for the past 15 months. I informed them of that months ago when I called "customer service" and the person told me they would put that in the computer. I guess since I did not have any documented evidence to prove this, USCIS didn't believe it to be true.

 

I am not sure if there is any type of document that I can get here in China that shows we have lived together for more than 1 year. My wife will contact the Public Security Bureau and ask. If so, then I need to get it. I was thinking about trying to get the document and filing a motion for USCIS to reconsider the decision based on the new evidence. But, since I know that decisions in AWA cases are said to be final, I think that would be just a waste of time and money. They would probably just throw it out. I am not sure. If I don't do that, then at least I could have the document to submit with my other evidence when I file again. But, it pains me to imagine that when I file again it could take another 3 f****** years for them to make a decision.

 

If I can get some kind of official document that shows we have been living together for more than a year, I don't know if I should have my attorney file a motion to reconsider based on new evidence. AWA case denials are pretty much considered final by the USCIS so I might be just wasting money filing for something that will never happen and they will just ignore.



#19 dan1984

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Posted 08 January 2013 - 01:05 AM

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, despite the fact that they have no professional qualifications or training to make such decisions.

 

I mean...for Pete's sake....we have lived together in China for the past 15 months. I informed them of that months ago when I called "customer service" and the person told me they would put that in the computer. I guess since I did not have any documented evidence to prove this, USCIS didn't believe it to be true.

 

I am not sure if there is any type of document that I can get here in China that shows we have lived together for more than 1 year. My wife will contact the Public Security Bureau and ask. If so, then I need to get it. I was thinking about trying to get the document and filing a motion for USCIS to reconsider the decision based on the new evidence. But, since I know that decisions in AWA cases are said to be final, I think that would be just a waste of time and money. They would probably just throw it out. I am not sure. If I don't do that, then at least I could have the document to submit with my other evidence when I file again. But, it pains me to imagine that when I file again it could take another 3 f****** years for them to make a decision.

 

If I can get some kind of official document that shows we have been living together for more than a year, I don't know if I should have my attorney file a motion to reconsider based on new evidence. AWA case denials are pretty much considered final by the USCIS so I might be just wasting money filing for something that will never happen and they will just ignore.

 

I'm just really sorry man...............

 

As for evidence to show you've been living together: I'm not sure how much weight this would hold, but, no matter what visa you have to be in China, you have to go register with your local PSB, and you receive your temporary residence permit, which includes your address. I'm not sure if your wife owns or rents the current place where you are living, but, I'm sure there would be documents available that indicate the she is renting or owning the property at this address. Your temporary residence permits and her documents would show a track record of living in the same place.

 

Not really sure how much weight this would hold, but, my lady and I have been living together for 2 years here in Beijing, and I plan to submit this track record of having lived together when it comes time for us to file down the line.



#20 Mick

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Posted 08 January 2013 - 07:48 AM

RedDragon, it would seem from your statement about providing them with documentation that you have lived together for more than a year that you are trying to prove that you have a legitimate relationship, which I am sure you do. But was that why your petition was denied? Did they feel the relationship was not legitimate? Or was it denied for reasons connected with your past legal problems? The reason I ask this is that it would seem that if the denial was based on the legal issues, the documentation about living together would not be pertinent to their decision. Or is the documentation about living together for over a year a way of showing them that the two of you have been in the same home and there has been no evidence of harm to her? Either way, I hope this can work out for you and again, so sorry this has happened.


Edited by Mick, 08 January 2013 - 07:52 AM.


#21 gzbabi

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Posted 11 January 2013 - 09:42 PM

Keep on going. Don't know how many attempt it takes, but maybe someday an USCIS official takes a step back and thinks, hey this guy is appealing all the time and there actually is a real relationship here.

No person would think that a real "predator" has the guts to continue one, and tries again and again. I hope for you that finally someone wakes up and takes your case seriously.

#22 david_dawei

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Posted 12 January 2013 - 12:06 AM

This was clearly a truth or dare situation and you dared with the truth and it was not enough.   What you may have to come to accept is that no amount of evidence that your not a threat is not what they want nor care about... there is probably some law which they simply can fall back on and de-obligate themselves from any decision.   This is the unfortunate cold, hard, fact of US law...  it is void of common sense and individual evaluation and consideration... but it had a good intention at some point which most cannot figure out who it might of helped.

 

In the end... and this is my opinion... you need to stop thinking about the US and immigration as that detracts from the more important issue: You and your wife.  Your life together.  If you can't simply look at that and smile and be together in any place in the world.... then maybe it is time to give it up and come home.  Otherwise, you will find that smile and inner acceptance... then you will find your destiny.    If your only destiny is the US then that is simply not reality.   I am would say that about us all, not just any one person.


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#23 credzba

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Posted 12 January 2013 - 01:36 AM

This was clearly a truth or dare situation and you dared with the truth and it was not enough.   What you may have to come to accept is that no amount of evidence that your not a threat is not what they want nor care about... there is probably some law which they simply can fall back on and de-obligate themselves from any decision.   This is the unfortunate cold, hard, fact of US law...  it is void of common sense and individual evaluation and consideration... but it had a good intention at some point which most cannot figure out who it might of helped.

 

In the end... and this is my opinion... you need to stop thinking about the US and immigration as that detracts from the more important issue: You and your wife.  Your life together.  If you can't simply look at that and smile and be together in any place in the world.... then maybe it is time to give it up and come home.  Otherwise, you will find that smile and inner acceptance... then you will find your destiny.    If your only destiny is the US then that is simply not reality.   I am would say that about us all, not just any one person.

Exactly!



#24 Reddragon75

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Posted 16 January 2013 - 05:33 AM

Well...it is not that I don't like China. I love China. The problem is that due to my criminal history, I can't get a work visa and get a good job. I am stuck teaching English, and THAT is what I hate. I just feel miserable doing this job, to the point where I don't even want to get up in the morning.

 

When I first arrived in China in 2011, I had an interview with China Radio International and was offered the job as an on-air personality. But, CRI has a policy against hiring felons, so I had to decline the job offer. And, I am pretty sure I would not be able to get a work visa anyway even if an employer did not have such a policy. To get a work visa, a person can't have a criminal history.

 

So, you may tell me that maybe our future will not be in the US, but I refuse to accept this. Yes, we love each other very much. But, we will never have a good life here with me making so little money. You can't survive on love alone. That is why I will never give up with USCIS.



#25 credzba

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Posted 16 January 2013 - 07:07 AM

Well...it is not that I don't like China. I love China. The problem is that due to my criminal history, I can't get a work visa and get a good job. I am stuck teaching English, and THAT is what I hate. I just feel miserable doing this job, to the point where I don't even want to get up in the morning.

 

When I first arrived in China in 2011, I had an interview with China Radio International and was offered the job as an on-air personality. But, CRI has a policy against hiring felons, so I had to decline the job offer. And, I am pretty sure I would not be able to get a work visa anyway even if an employer did not have such a policy. To get a work visa, a person can't have a criminal history.

 

So, you may tell me that maybe our future will not be in the US, but I refuse to accept this. Yes, we love each other very much. But, we will never have a good life here with me making so little money. You can't survive on love alone. That is why I will never give up with USCIS.

Many companies in america have a similar policy.

I know someone who went to jail for failure to pay taxes, that made him a felon.

Most all of us would like to "fail to pay taxes", so no individual holds his felon conviction against him, but even friends cant help him get a job, because he has a felony record.

 

His current plan is to appeal, and try to get it removed from his record. He has already done his time, etc... but he is STILL going to appeal and fight the judgment just so he can get felon off his record.

 

Perhaps that is a path for you.



#26 tsap seui

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Posted 16 January 2013 - 10:07 AM

Well...it is not that I don't like China. I love China. The problem is that due to my criminal history, I can't get a work visa and get a good job. I am stuck teaching English, and THAT is what I hate. I just feel miserable doing this job, to the point where I don't even want to get up in the morning.

 

When I first arrived in China in 2011, I had an interview with China Radio International and was offered the job as an on-air personality. But, CRI has a policy against hiring felons, so I had to decline the job offer. And, I am pretty sure I would not be able to get a work visa anyway even if an employer did not have such a policy. To get a work visa, a person can't have a criminal history.

 

So, you may tell me that maybe our future will not be in the US, but I refuse to accept this. Yes, we love each other very much. But, we will never have a good life here with me making so little money. You can't survive on love alone. That is why I will never give up with USCIS.

Well said, man.

 

Here's to the patience and the focus to keep getting up each morning and doing what you have to do to reach your goal.

 

You have the toughest job I have ever seen here. It won't be short or easy but you have the spirit and the guts to make it happen.

 

I look forward to the day of your victory. Keep fighting them, keep fighting them.....

 

tsap seui



#27 Mycitylights

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Posted 02 February 2013 - 09:53 AM

What was the offense? How long ago was it? Did you actually committ the offense?

#28 cjens3501

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Posted 10 September 2013 - 02:17 PM

Section 402 of the Adam Walsh Act amends section 204 of the Immigration and Nationality Act (INA) to prohibit U.S. citizens and lawful permanent resident aliens who have been convicted of any "specified offense against a minor" from filing a family-based immigrant petition (including the Form I-130 and the Petition to Classify Orphan, Form I-600A or I-600) on behalf of any beneficiary, unless the Secretary of Homeland Security determines in his sole and unreviewable discretion that the petitioner poses no risk to the beneficiary.

The operative definition of "specified offense against a minor" is contained in section 111(7) of the Adam Walsh Act:

"The term `specified offense against a minor' means an offense against a minor that involves any of the following:

(A) An offense (unless committed by a parent or guardian) involving kidnapping.

(B) An offense (unless committed by a parent or guardian) involving false imprisonment.

(C ) Solicitation to engage in sexual conduct.

(D) Use in a sexual performance.

(E) Solicitation to practice prostitution.

(F) Video voyeurism as described in section 1801 of title 18, United States Code.

(G) Possession, production, or distribution of child pornography.

(H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.

(I) Any conduct that by its nature is a sex offense against a minor."

 

 

A minor is defined as an individual who has not attained the age of 18 years.



#29 Reddragon75

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Posted 13 September 2013 - 05:35 AM

Section 402 of the Adam Walsh Act amends section 204 of the Immigration and Nationality Act (INA) to prohibit U.S. citizens and lawful permanent resident aliens who have been convicted of any "specified offense against a minor" from filing a family-based immigrant petition (including the Form I-130 and the Petition to Classify Orphan, Form I-600A or I-600) on behalf of any beneficiary, unless the Secretary of Homeland Security determines in his sole and unreviewable discretion that the petitioner poses no risk to the beneficiary.

The operative definition of "specified offense against a minor" is contained in section 111(7) of the Adam Walsh Act:

"The term `specified offense against a minor' means an offense against a minor that involves any of the following:

(A) An offense (unless committed by a parent or guardian) involving kidnapping.

(B) An offense (unless committed by a parent or guardian) involving false imprisonment.

(C ) Solicitation to engage in sexual conduct.

(D) Use in a sexual performance.

(E) Solicitation to practice prostitution.

(F) Video voyeurism as described in section 1801 of title 18, United States Code.

(G) Possession, production, or distribution of child pornography.

(H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.

(I) Any conduct that by its nature is a sex offense against a minor."

 

 

A minor is defined as an individual who has not attained the age of 18 years.

No...really?! I already knew that





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