Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 24
  1. #1
    Join Date
    Feb 2010
    Posts
    10

    Exclamation Sex Offender Moving Abroad

    My question involves criminal law for the state of: Alabama/Florida.

    Long story, I will try to summarize. When I was about 21 I met a girl at a party, we hit it off well, exchanged #'s dated , had sex , etc For about 8 months. Her age was not what I thought it was, she ended up being 14 years old.

    I live near the state line, I live in Alabama, she lived across the line in Florida, we were about 15 miles apart.

    In Alabama I get charged with Rape II (consensual sex with a minor) In Florida I get charged with Lewd and Lecivious Acts with a person under 16 but over 12 (same thing, consensual sex with a minor)

    So I go to court, I explained what happened I am given 3 years probation in Alabama, In florida they give me the same and run it concurrent. And of course it puts me on the Sex Offender Registry.

    All of this happened in 2002, Now, fast forward to this last year.

    My wife and I got married Jan of last year, we are both 28 years in age. Shes aware of my history and etc. I filed for immigration papers for her to come to the united states.

    As you know the Adam Walsh Act denies most people, I have hired a lawyer and so for its been 7 to 8 months with no response on our papers , they may never respond or deny us completely.

    I have had no other legal issues since the time it all happened in 2002. I explained everything to immigration, showing proof of all court documents, and rehabilitation, completed probation etc. So I am hopeful but who knows.

    Now to my question, If denied for immigration, Can I legally move to my wifes country? I read often about sex offenders that captured for "failure to report" But I don't want that to happen to me, I want to follow the laws. And I'm not failing to report

    So if I tell them my new address over seas , that does not count as failure to report , correct? And what about every 6 months that I am supposed to report? If I am no longer in the usa ? Do they mail a paper over seas for me to fill out and return?

    I am extremely fearful that I will legally tell them I am moving, give them my new address overseas, and that they will later, disregard that and make up something, or say I didn't fill something out, and try to destroy My family

    I only wish for peace with my family, without any future problems.

    Thanks everyone for reading it all, sorry its so long.

  2. #2
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Sex Offender Moving Abroad

    Now to my question, If denied for immigration, Can I legally move to my wifes country?
    That will be up to your wife's country, at least in part. When you apply for a visa, the host country will typically ask the FBI for your file. Some countries won't let people immigrate to them for concepts as vague as "bad morals."

    I don't know of any federal restrictions on your ability to move abroad. My guess is that the federal government would be very happy to let a sex offender move out of the country.

    Here is a link talking about various passport restrictions.

    http://www.nationalpassport.com/pass...trictions.aspx

    So if I tell them my new address over seas , that does not count as failure to report , correct?
    Why would it?

    And what about every 6 months that I am supposed to report?
    That depends on what the reporting requirements are in your state. Are you required to appear in person to report? If so, that's exactly what you will need to do, absent some kind of a waiver. You will need to fly back to the United States every six months to report your location.

    If I am no longer in the usa ? Do they mail a paper over seas for me to fill out and return?
    Is that the normal process by which you report? Why wouldn't they keep doing it just because it's an overseas address?

    I am extremely fearful that I will legally tell them I am moving, give them my new address overseas, and that they will later, disregard that and make up something, or say I didn't fill something out,
    They could do that to you whether or not you moved out of the country.

    You probably need to talk this over with whoever it is you report to every six months. Do the same thing with them that you did with immigration: be candid. Explain your situation, and ask how they handle sex offenders moving out of the country.

  3. #3
    Join Date
    Nov 2006
    Posts
    367

    Default Re: Sex Offender Moving Abroad

    Once you are given permission to move if on probation, or you notify your county sex offender registrations department of your intent to move and on what date if you are not on probation, you will then have to follow the laws of the country that you have moved to making sure that you get a paper from the police station where you have moved with them acknowledging your arrival and residence and mailing that back to your original sheriff's office in your place of conviction. Then from that point on you follow that countries laws.

    If you ARE on probation, you will need to get permission of the court in all jurisdictions that you are on probation in. If you are not on probation, the choice of where you live is up to you, as long as local laws don't restrict you. Then you will need to follow my advice above and do tell your local sex offender registrant about your plans. He/she will be able to help you comply with the law. Also you may be able to apply for a release from registration depending on what you place of convictions rules/laws say is the minimum time served before applying for a release.

    Let us know what country is willing to take America's sex offenders. It'll be a surprise to many.

  4. #4
    Join Date
    Feb 2010
    Posts
    10

    Default Re: Sex Offender Moving Abroad

    I am not on probation , Also the country I would be moving to does not have a sex offender registry.

    What happens then? I have no one there to tell? Also by their laws, my background does not break any of their current laws.

    I don't wish the say the country in question, but I have visited it already several times , and even received a few clearances.

    Its my understanding that they go by their laws, and as long as my background does not break their laws, I don't believe it will be a problem since I am married to one of their citizens

    Also to the response above, if I move for good, no way am i going to fly back to the usa each time to fill out a paper with my address, If I am no longer legally living there.

    I am only required to "notify" them, and thats exactly would I would do, give them my new address abroad , and that should be it. I should not have to report to them any further as I would not be living in the usa anymore, correct?

    I have a passport

  5. #5
    Join Date
    Nov 2006
    Posts
    367

    Default Re: Sex Offender Moving Abroad

    I believe that you will still be required by your state's laws to report to the police where you are moving. Then once that is done,you will probably be on your own. Don't be surprised if your state turn's down your request to move based on the fact that there is no sex offender registration laws were you are moving.

  6. #6
    Join Date
    Feb 2010
    Posts
    10

    Default Re: Sex Offender Moving Abroad

    Turns down my request? They can't legally tell me what country to live in , its supposed to be me notifying them and thats it. I'm not on probation, Its not up to them to approve of what country I choose to live in. Thats a personal choice.

    I have no problem telling them where I am moving to, and its not a "request" I dont have to ask them, I tell them

    Nothing in any papers that I have ever signed that says anything about moving to another country. Everything I agreed to and signed off on is on a paper , none say anything about another country

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,942

    Default Re: Sex Offender Moving Abroad

    They can, however, legal prohibit you from leaving....

  8. #8
    Join Date
    Nov 2006
    Posts
    367

    Default Re: Sex Offender Moving Abroad

    Hydra, if you already know everything, why bother to ask. Seems like you have made up your mind to leave the country. I think you will be surprised by the outcome.

  9. #9
    Join Date
    Feb 2010
    Posts
    10

    Default Re: Sex Offender Moving Abroad

    Can you show me in black in white how they can "legally prohibit me from leaving"? Anything on the net?

    Quote Quoting nite_riderusa
    View Post
    Hydra, if you already know everything, why bother to ask. Seems like you have made up your mind to leave the country. I think you will be surprised by the outcome.

    How do you figure? Do have anything in black in white that shows that they can stop a person from leaving the country?

    if you have some type of sources or links that show this legally I would be more than happy to read them


    Its not that I "know" everything, its that this is a legal forum and I need legal sources to cite, not guess work

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,747

    Default Re: Sex Offender Moving Abroad

    Because sex-offenders may need permission to move out of both the State AND the country.


    Even those who are no longer on probation.


    (And that's not even touching on the whole passport issue - after receiving notification, you may well find that your passport is canceled)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Marriage: Timing for Green Card Application Abroad and Moving to the U.S
    By americannes in forum Family-Based Immigration
    Replies: 1
    Last Post: 09-29-2009, 03:54 PM
  2. Debt Collectors: Moving Abroad
    By AH01 in forum Credit Card Debt
    Replies: 2
    Last Post: 08-06-2009, 07:45 AM
  3. Chapter 13: In Chapter 13 and Moving Abroad
    By mjsantos in forum Bankruptcy Law
    Replies: 2
    Last Post: 04-22-2009, 08:43 PM
  4. Chapter 13: Bankruptcy And Moving Abroad
    By leplume in forum Bankruptcy Law
    Replies: 1
    Last Post: 03-12-2008, 07:37 AM
  5. Security Deposits: Getting The Deposit Back When Moving Abroad
    By foreigner in forum Moving Out
    Replies: 4
    Last Post: 06-11-2006, 07:45 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document