Hi! I was wondering how Adam Walsh Act applies to the charges that were "amended" due to a plea deal.
The situation basically is - this guy was charged with "indecent behavior with a juvenile (a sexual offense felony)" because when he was 18 he sent a nude picture of his then-16-year-old girlfriend to couple other people after an argument. A year later the case was resolved and the District Attorney offered him a plea deal and now on his record it shows that the charge was AMENDED to "telephone communication - improper language - harassment (a non-sexual misdemeanor offense)" . When he files green card for his wife, would AWA still apply?
When USCIS check your background, do they check convictions only or they look at original charges too? Will this affect his wife's green card? Thanks!
Immigration will generally not look into his criminal record if he is the petitioner. They are more likely to look into the wife's criminal background. That being said if there are indications that he is a sex-offender on his criminal record and he petitions a minor child, immigration is more likely to scrutinize the application. Please consult with an immigration attorney who will be able to properly review his criminal record and give him his options and the consequences of each.
USCIS will conduct a background check of the petitioner. USCIS will locate arrest records for the petitioner and likely send a Request for Evidence requesting the certificate of disposition. USCIS may also request additional records related to the charges. Without actually reviewing the record of conviction, including the certificate of disposition, it is difficult to assess how likely this criminal matter will trigger application of the AWA. I would encourage you to obtain a copy of your criminal record and consult an expeirenced immigration in person before filing.
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as the petitioner, his criminal record is not at issue. If his wife has a criminal record then that would be an issue. Seek the advice of an experienced attorney if still unsure.
A background check will be performed on the Petitioner. Please obtain a certified copy of the conviction record (judgment, sentence, conviction, etc) and consult with an experienced and reputable immigration attorney. Here is a link to a case from last year where a petition for alien relative was denied because of a petitioner's conviction:
And a USCIS Memo: http://www.uscis.gov/sites/default/files/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/guidance-adam-walsh-act-petitions.pdf
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