I just received a comment on my earlier post regarding the denial of immigration benefits under the Adam Walsh Act. Congress passed this law which did many thing, including barring any U.S. citizen from petitioning for an immigration benefit.
The two cases our office handled included a naturalized U.S. citizen who had a Statutory Rape conviction 10 years previously. Under California law he must register as a Sex Offender, pursuant to Penal Code section 290. He married a women from Mexico, filed an I-130 Petition on her behalf and it was denied by USCIS.
The other case involved a U.S. citizen who was convicted of Oral Copulation on a minor - also a Registered Sex Offender under P.C. 290.
I am happy to report that we prevailed in both cases. Both of our clients were able to adjust their spouses and they have their green cards in their hands.
We still have one remaining issue and that involves the child of one of the foreign spouses. We are still trying to get the child his green card through the consular processing. We hope to prevail here as well, however, since this process is still new to both USCIS and the State Department, it will take some time convincing them to do the right thing.