Legal Question in Immigration Law in Delaware

immigration

on jan,25 2008 i filed a k1 i29 fiancee visa for my fiancee in the philippines.today i received a letter stating their intent to deny my petition i am a u.s. citizen.the reason is that i was convicted of 2 counts in 1986 for offensive touching and unlawful sexual contact against a minor.i am not by any means a sexual predator against children. the persons were believed by me to be over 18 and i was only 19 or 20 myself.no incidents or arrests have been made since that time involving any kind of sex crimes.i have since than raised 2 children of my own and am well liked by people in my community.I received probation back than and ordered by the court to go through a phychiatric evaluation as well as counceling. I did satisfy the courts demands, and nothing like that has ever happened again.Is this a winnable appeal.or am i just wasting my time. what can i send immigration to get the decision changed in my favor.and how long may this take before they reevaluate and give me their decision


Asked on 1/22/09, 1:44 pm

2 Answers from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Re: immigration

I presume that you are a male and your fiance is a female. If I am wrong, please let me know. Okay, it is highly unlikely that the embassy will grant your fiance a pass to the U.S. into the arms of what the State Department will argue is a convicted sex offender. So, if you love your fiance, the next best thing is to marry her -- yes, in the Phillipines, and then petition with an I-130 for her. Now, let me advise you of something important: you must tell her about the conviction if you have not already. If she is still willing to marry you, then fantastic! Once you are married, your criminal background is less important. What is important then is whether your marriage is for real or simply to get her a green card. Remember one thing: we do not pay the government to think, only to do. If they are told to deny then an officer denies, even if the reason seems nonsensical. If they grant, then be glad. Unfortunately, discretion is in the hands of those who should have the least of it. So no matter what your story, a fiance visa petition is unlikely to succeed at this point. Good luck!

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Answered on 1/22/09, 9:10 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: immigration

I presume that you are a male and your fiance is a female. If I am wrong, please let me know. Okay, it is highly unlikely that the embassy will grant your fiance a pass to the U.S. into the arms of what the State Department will argue is a convicted sex offender. So, if you love your fiance, the next best thing is to marry her -- yes, in the Phillipines, and then petition with an I-130 for her. Now, let me advise you of something important: you must tell her about the conviction if you have not already. If she is still willing to marry you, then fantastic! Once you are married, your criminal background is less important. What is important then is whether your marriage is for real or simply to get her a green card. Remember one thing: we do not pay the government to think, only to do. If they are told to deny then an officer denies, even if the reason seems nonsensical. If they grant, then be glad. Unfortunately, discretion is in the hands of those who should have the least of it. So no matter what your story, a fiance visa petition is unlikely to succeed at this point. Good luck!

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Answered on 1/22/09, 9:10 pm


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