Saturday, July 17, 2010

Update on Our Office's Two Adam Walsh Act Cases

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.


Anonymous said...

This is excellent news, Just wanted to say good job on those cases. Its my understand not a lot of Adam Walsh cases have been approved yet, but they are slowly coming through Its good to keep a basis so others will know that they have hope in these cases

Anonymous said...

What year/month were these petitions first submitted? Did it take years for approval or did uscis follow appropriate time frames?

Some adam walsh filers are going on well over a year for the cases they submitted, it seems they all get transferred to vermont?

lucky lemmon said...

Is their any updates or further information on adam walsh cases?
Ours was transferred to Vermont and is well over the 1 year time frame.

Anonymous said...

Hi lucky lemmon, i hope you or your spouse got green card, have you? please let us know, you know we are still waiting...

Anonymous said...

I am going on 4 years in this situation, MANY mistakes where made by them and my paper work has not been transferred to another office.
Hopefully any day now I will find out my future.