Thursday, November 18, 2010

New Walsh Act Case from the USCIS Vermont Service Center

I must apologize for not posting in the last few weeks, but I had a civil trial set to begin on Nov. 29th. I was finally able to settle the case yesterday at the Mandatory Settlement Conference. Interesting case where our client, a cab driver, was punched in the face by a drunken fare on Halloween Morning after being picked up in a bar.

Anyway, just sent out a response to an RFE and NOID (Request for Evidence & Notice of Intent to Deny) from an I-130 petition, where the petitioner had a criminal conviction subject to the harsh penalties of the Walsh Act.

This case is slightly different from the other three cases our office has handled in that here the beneficiary was a minor child living outside the U.S. The petition was being adjudicated by the Vermont Service Center. I feel very optimistic about the case because we have good facts on our side.


Anonymous said...

Once you respond to the RFE how long does USCIS legally have to give you a yes or no answer? Could they legally drag it on for years?

Stanley D. Radtke, Esq. said...

USCIS has no set time period to adjudicate the application. In some of our cases involving alleged Material Support to a Foreign Terrorist Organization, USCIS has taken over 2-3 years to date and still not rendered a decision.

Anonymous said...

I am an Adam Walsh Act filer, a bunch of us are here, a few have made it through but the rest of us were transferred to Vermont and still waiting

I enjoy your blog posts, wished I had went with you guys for my lawyer !