Page 2 of 3 FirstFirst 1 2 3 LastLast
Results 11 to 20 of 24
  1. #11
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Sex Offender Moving Abroad

    A number of things.

    If you are not on supervision, nobody can prevent you from leaving.

    If you move from Florida, you must notify the state that you are moving. Otherwise it is a criminal offense and a warrant can be issued for your arrest.
    Florida does issue warrants and extradites for this. This would affect you upon your return. You need to check Georgia law if it is the same.

    With your record you will not be able to immigrant to ANY other country. Also, even if that happened, you would not be able to legally work for some years.

    At best you could be a perpetual tourist, going on a tourist visa for 3 months, leaving and re-entering on a new visa. Sooner or later though you would be barred from re-entering. Of course, you would not be able to legally work. Most countries are very strict on these things.

  2. #12
    Join Date
    Feb 2010
    Posts
    10

    Default Re: Sex Offender Moving Abroad

    Quote Quoting Dogmatique
    View Post
    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)

    Do you know this for a fact? or have something you can show me, where this has happened? I don't see how they could legally cancel my passport. No rules say I can't move outside of the country that I am aware of.

    The reason I ask, is every time I search and see about sex offenders being deported, its because they were breaking laws , or failed to register . It would seem as long as one was not breaking any laws, that it should not be an issue.

    Also the usa has freedom of movement, which I believe still applies to sex offenders

    http://en.wikipedia.org/wiki/Freedom...#United_States

    I don't believe they could cancel my passport unless I had a warrant or broke any laws (which I haven't and will not) I only wish to live with my wife , it doesnt matter where

    Oh well, when the time comes for me to leave, I will make sure a law comes with me to my final visit to the RSO office

  3. #13
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Sex Offender Moving Abroad

    The preceding message is pure nonsense. Dognut, please talk about things you actually know for a fact.

    The state can't stop you from moving or traveling. You do generally have to notify them even when not on probation or parole if you are in the sex offender registry. That has to do with the registration requirement. It does not have anything to do with any foreign country, which will have its own rules and laws. However, many things that are regulated in the US are not regulated in other countries.

    A state can not do anything to affect a valid passport, nor have I ever heard of any state ever trying to stop a passport from being issued. How would they ever know? The state has no authority over any federal agency and have no power to affect your rights under federal law.

    No state can cancel a passport. That is even more crazy than judges would think they can order people to stay out of a town or city and things like that.

    This is doubly true when you are not under any supervision and no state has any right to regulate your movement.

    Again, no state entity has any power to regulate or reduce your legal rights under federal law and the Constitution.

  4. #14
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Sex Offender Moving Abroad

    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?
    It's an interesting legal question. Maybe you'd like to find out if the jurisdiction of the Adam Walsh Child Protection Act's duty to report extends beyond the territorial borders of the US. Certainly, the Act doesn't purport to end your duty when you leave the country.

    So go ahead. Leave the country, and stop reporting your whereabouts. An arrest warrant will be issued for felony violation of the Adam Walsh Act's reporting requirement. After you're extradited, you and your attorney can make a compelling argument for why your duty to report should have ended when you left the country.

    I have to be honest. I don't have a legal answer for whether the federal or state government will let you leave the country. All I have is a vague sense that nobody is going to object to a sex offender leaving. But I'm not at all convinced, regardless of your marital status, that a country is going to be very excited about letting a sex offender enter.

  5. #15
    Join Date
    Feb 2010
    Posts
    10

    Default Re: Sex Offender Moving Abroad

    Quote Quoting Baz744
    View Post
    It's an interesting legal question. Maybe you'd like to find out if the jurisdiction of the Adam Walsh Child Protection Act's duty to report extends beyond the territorial borders of the US. Certainly, the Act doesn't purport to end your duty when you leave the country.

    So go ahead. Leave the country, and stop reporting your whereabouts. An arrest warrant will be issued for felony violation of the Adam Walsh Act's reporting requirement. After you're extradited, you and your attorney can make a compelling argument for why your duty to report should have ended when you left the country.

    I have to be honest. I don't have a legal answer for whether the federal or state government will let you leave the country. All I have is a vague sense that nobody is going to object to a sex offender leaving. But I'm not at all convinced, regardless of your marital status, that a country is going to be very excited about letting a sex offender enter.
    I don't plan on not reporting my whereabouts (thats against the law) and As long as I am a US citizen, I will comply with US laws. I just want to stay as legal as possible.

    I understand that leaving the country does not mean that I am no longer a RSO, fully understood. If you go to another country with a sex offender registry of course in that country you would comply with their registry.

    The question is, once you report that you are moving to another country, and the country you move to DOES NOT have a sex offender registry , then what happens? You have no one in the new country to report to. I have no problem reporting back to the usa of my address in my new country. I can mail them a letter/email/phone call , but thats about it.

    Yes most countries would not allow a sex offender to enter and stay legally. But, considering what happened with my case in the usa, is legal in many countries. I would hope that the new country I live in, reviews my background and verifies that it does not break any of their existing laws.

    Here is an example

    In some countries, Abortion is against the law. In the united states, it is not. So lets say someone has an abortion and it breaks the law of whatever country they live and marks their record. This would not prevent them from entering the United states , as it is not against our laws, right?

    Now, take the same thing and reverse it. Someone has consensual sex 6 or 7 years apart, with a partner that is 14 or older in the united states, this breaks the USA laws based on whatever state you are in. But , in many countries of the world if the person is 14 and over and the other person is 22 and under, then its not against their laws.

    So the question is, will the receiving country judge by their laws, or Americas laws? America does not judge by other countries laws , so I would assume the same should work in reverse .

    But, I plan on having many talks with lawyers before even going this route. I am still exploring all legal options with my lawyer.

    You guys are trying to make it seem as if im breaking laws, which is absolutely false. I am a good person of my word and only wish to remain 100% legal in all aspects of my life , thats why I am on this forum In hopes that some lawyers here would provide some insight

  6. #16
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,348

    Default Re: Sex Offender Moving Abroad

    It's not that people here are assuming that you'd be breaking laws - but rather some of us are explaining that you may have to accept the consequences of breaking laws in the past.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #17
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Sex Offender Moving Abroad

    Quote Quoting hydra
    View Post
    I don't plan on not reporting my whereabouts (thats against the law) and As long as I am a US citizen, I will comply with US laws. I just want to stay as legal as possible.

    The question is, once you report that you are moving to another country, and the country you move to DOES NOT have a sex offender registry , then what happens? You have no one in the new country to report to. I have no problem reporting back to the usa of my address in my new country. I can mail them a letter/email/phone call , but thats about it.
    You haven't actually been entirely clear on this point. It sounds to me like what you're trying to do is report that you're leaving the country, and then stop reporting. What I'm trying to tell you is that you must continue to fulfill all the legal duties you currently have even if you leave the country. If that means appearing in person to register, then absent some special waiver, you must continue to do that. If all it means is sending in a form every few months, you must continue to do that.

    Yes most countries would not allow a sex offender to enter and stay legally. But, considering what happened with my case in the usa, is legal in many countries. I would hope that the new country I live in, reviews my background and verifies that it does not break any of their existing laws.
    I understand what you're saying. I just wanted to apprise you that it isn't only US emigration policy you have to deal with. It's also the host country's immigration policy. Even if it's legal for you to leave America, it might not be legal for you to enter your wife's country.

    So the question is, will the receiving country judge by their laws, or Americas laws? America does not judge by other countries laws , so I would assume the same should work in reverse .
    The host country will judge however it sees fit. Certainly, you can argue to their immigration officials that because you wouldn't have committed a crime under their laws, they should disregard your record in deciding whether to let you enter. But it's not a sure thing. Even if they're not concerned about your conduct per se, they may be concerned about your disregard for the law.

    You guys are trying to make it seem as if im breaking laws, which is absolutely false. I am a good person of my word and only wish to remain 100% legal in all aspects of my life , thats why I am on this forum In hopes that some lawyers here would provide some insight
    I'm trying to be candid with you about what I do and don't know. I know the following:

    1) You won't get out of your American reporting and registration requirements by moving abroad. If you move abroad and neglect your legal duties here, you will be committing a felony. The US retains criminal jurisdiction over all of its citizens no matter where they are in the world.

    2) The host country will consider your criminal record in deciding whether or not to let you enter. Even if you have a really good argument for why it shouldn't matter.

  8. #18
    Join Date
    Feb 2010
    Posts
    10

    Default Re: Sex Offender Moving Abroad

    Quote Quoting Baz744
    View Post
    It's an interesting legal question. Maybe you'd like to find out if the jurisdiction of the Adam Walsh Child Protection Act's duty to report extends beyond the territorial borders of the US. Certainly, the Act doesn't purport to end your duty when you leave the country.

    So go ahead. Leave the country, and stop reporting your whereabouts. An arrest warrant will be issued for felony violation of the Adam Walsh Act's reporting requirement. After you're extradited, you and your attorney can make a compelling argument for why your duty to report should have ended when you left the country.

    I have to be honest. I don't have a legal answer for whether the federal or state government will let you leave the country. All I have is a vague sense that nobody is going to object to a sex offender leaving. But I'm not at all convinced, regardless of your marital status, that a country is going to be very excited about letting a sex offender enter.
    Quote Quoting Baz744
    View Post
    You haven't actually been entirely clear on this point. It sounds to me like what you're trying to do is report that you're leaving the country, and then stop reporting. What I'm trying to tell you is that you must continue to fulfill all the legal duties you currently have even if you leave the country. If that means appearing in person to register, then absent some special waiver, you must continue to do that. If all it means is sending in a form every few months, you must continue to do that.



    I understand what you're saying. I just wanted to apprise you that it isn't only US emigration policy you have to deal with. It's also the host country's immigration policy. Even if it's legal for you to leave America, it might not be legal for you to enter your wife's country.



    The host country will judge however it sees fit. Certainly, you can argue to their immigration officials that because you wouldn't have committed a crime under their laws, they should disregard your record in deciding whether to let you enter. But it's not a sure thing. Even if they're not concerned about your conduct per se, they may be concerned about your disregard for the law.



    I'm trying to be candid with you about what I do and don't know. I know the following:

    1) You won't get out of your American reporting and registration requirements by moving abroad. If you move abroad and neglect your legal duties here, you will be committing a felony. The US retains criminal jurisdiction over all of its citizens no matter where they are in the world.

    2) The host country will consider your criminal record in deciding whether or not to let you enter. Even if you have a really good argument for why it shouldn't matter.


    Fully Understood, If I am living in another country I would have no way to appear in person . I dont mind filling out papers and turning them in telling them my address. I am not going to "stop" reporting (thats against the law) But no way if I am living in another country am I going to fly back to the usa every 6 months to fill out a paper with my address and fly back , thats nuts

    I am not trying to get out of the registry, It just so happens that my wife lives in a country without one. Thats why I am asking what to do in that case.

    But, As I said before this is a last resort and I would speak with a lawyer before making any big changes

    Maybe I can request the judge to clear my record if I renounce my citizenship possibly.

  9. #19
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,348

    Default Re: Sex Offender Moving Abroad

    Well, you can't do that while you're still in the US - renunciation can ONLY take place outside of the US.

    Quite the conundrum, isn't it?

    With regards to canceling your passport - the State Department (via other channels if necessary) has the absolute right to do so if certain conditions apply. When this happens, you do have the right to an administrative hearing.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #20
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Sex Offender Moving Abroad

    Quote Quoting hydra
    View Post
    Fully Understood, If I am living in another country I would have no way to appear in person . I dont mind filling out papers and turning them in telling them my address. I am not going to "stop" reporting (thats against the law) But no way if I am living in another country am I going to fly back to the usa every 6 months to fill out a paper with my address and fly back , thats nuts
    Just so we're clear: if your legal duty is to appear in person to register every six months, that won't change absent some sort of waiver. Even if you think flying back is "nuts." If your legal duty is to appear in person, and you fail to do so even because you've moved abroad, you will still be committing a felony.

    I am not trying to get out of the registry, It just so happens that my wife lives in a country without one. Thats why I am asking what to do in that case.
    What you do is you continue to comply with your legal duties in America. Your duties to America don't end because you've moved abroad.

    BTW, I'm dying to know what country you're talking about. Is it too much to ask that you share it?

    1. Sponsored Links
       

Page 2 of 3 FirstFirst 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, 02:54 PM
  2. Debt Collectors: Moving Abroad
    By AH01 in forum Credit Card Debt
    Replies: 2
    Last Post: 08-06-2009, 06:45 AM
  3. Chapter 13: In Chapter 13 and Moving Abroad
    By mjsantos in forum Bankruptcy Law
    Replies: 2
    Last Post: 04-22-2009, 07:43 PM
  4. Chapter 13: Bankruptcy And Moving Abroad
    By leplume in forum Bankruptcy Law
    Replies: 1
    Last Post: 03-12-2008, 06:37 AM
  5. Security Deposits: Getting The Deposit Back When Moving Abroad
    By foreigner in forum Moving Out
    Replies: 4
    Last Post: 06-11-2006, 06:45 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