Our office has two cases where a U.S. citizen has filed I-130 Petitions for an Immediate Relative, their spouses, only to have USCIS issue intent to deny letters based upon their interpretation of the Adam Walsh Act of 2006.
The letters read in part,
"On July 27, 2006, the President signed the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248, to protect children from sexual exploitation and violent crimes, to prevent child abuse and child pornography, to promote Internet safety and to honor the memory of Adam Walsh and other child crime victims.
Sections 402(a) and(b) of the Adam Walsh Act amend section 101(a)(15)(K), 204(a)(1)(A) and 204(a)(1)(B)(i) of the INA to prohibit U.S. citizens and Lawful Permanent Residents who have been convicted of any 'specified offense against a minor' from filing a family-based visa petition on behalf of any beneficiary, unless the Secretary of the Department of Homeland Security determines in his of her sole and unreviewable discretion that the petitioner poses no risk to the beneficiary of the visa petition. "
One of our clients was convicted of statutory rape, which was the result of consentual relations between a girl of 14 and an 18 year old boy, all of which occurred over 20 years ago.
Stay posted on how this case finally resolves. I sense some weighty constitutional issues implicated by Congress enacting this harsh ex post facto penalty and impinging upon a fundamental right to marry.