Criminal record and Emigrating to the USA (Married to US Citizen)

[images08]

I really need Advice Please and I hope someone can help me.

This is the situation.

My ex husband was convicted of pedophilia 7 years ago and spent 6 months in jail and then 6 months on probation. We have 1 child together and he pays a nominal amount of maintenance as he managed to get himself on a Disability Pension for Stress and Anxiety. I was recently told through family members, that he is planning to move to the US with his new wife (who is a US Citizen) and their child who was born in Australia (she is pregnant with their 2nd child).

Is he going to be allowed to move to the US? Will he be allowed to stay permanently? I was under the impression that he was on the Australian National Pedophile Register for 14 years, so unable to leave the country for any reason. Is this true?

His new wife believes that because they are married and have children, he will be allowed to leave Australia and stay permanently in the US. He has lied to her about his past, indicating that he was framed, so she is convinced that they will be able to move back.

As I said, he is on a DSP and she also receives Government Benefits. They are always broke and always asking for handouts from different agencies.

I personally want him to go and never return. I have a great job and support my daughter well, and she wants nothing to do with him.

Any advice would be really appreciated.

Thank you all in advance.

 

[samh004]

Seems like a rather odd question.

That are many offences that he could have been convicted of, but I don't believe there's one all-encompassing one called paedophilia. Depending on what the offence was, and when he was convicted, he'll be on the ANCOR (Australian National Child Offender Register) for 8 years, 15 years or life.

His being on that list does not stop him from leaving the country. However, he needs to inform his 'handler' (of sorts) at least 7 days before travel overseas with the details. They then inform the country he is going to, and the ball is really in their (overseas) court.

Considering the ANCOR list is not publicly searchable in Australia, with details not to be shared with media etc, while on the other hand the US has a very open system, be that good or bad, allowing offenders to be identified, I can't imagine why he'd want to move there. However, I don't know if moving countries also moves your name from register to register. At least in Australia, time continues ticking away if you go overseas for a holiday or permanently, until you're no longer on the list (unless of course you're on it for life).

Edit to add: Finding info is really hard, but the following is the QLD version of the law. Basically ANCOR is a list, managed by a company in CBR, and each state/territory then has their own acts that use the system, but differ a little in certain places (like QLD having a sodomy law - yet no one else having that). You'll see the obligations under the act regarding travel.

Child Protection (Offender Reporting) Act 2004