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Filed: Timeline
Posted

Does anyone have a Adam Walsh Act denial based on their constitutional rights having been violated?

Our attorney is attempting to take this to the ACLU. The more cases that involve civil rights issues the more likely that the ACLU will become involved.

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Filed: Citizen (apr) Country: Colombia
Timeline
Posted

My question is the same what and who's civil rights?

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Filed: AOS (apr) Country: Kenya
Timeline
Posted
Does anyone have a Adam Walsh Act denial based on their constitutional rights having been violated?

Our attorney is attempting to take this to the ACLU. The more cases that involve civil rights issues the more likely that the ACLU will become involved.

There is nothing in the Bill of Rights concerning immigration. Immigration is a priviledge, not a right. Big difference.

Good luck though.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted (edited)

You always have a right to file with ACLU. ACLU did take a interest in my case and took my information. I even notified USCIS on this. My case was approved. You can always try. "Yes" immigration is a right also, not just a privledge. Do not let other's discourage you. APPEAL the case, keep fighting and it will go threw. I would Highly encourage "Humen rights commision envolvment" first before ACLU.

My thoughts are you need to see what they say in the denial first... Then base of what feedback you get.

Edited by Angie Y Shane
Posted
You always have a right to file with ACLU. ACLU did take a interest in my case and took my information. I even notified USCIS on this. My case was approved. You can always try. "Yes" immigration is a right also, not just a privledge. Do not let other's discourage you. APPEAL the case, keep fighting and it will go threw. I would Highly encourage "Humen rights commision envolvment" first before ACLU.

My thoughts are you need to see what they say in the denial first... Then base of what feedback you get.

Please point out in the US code of laws/constitution that make this a right, or is this just your opinion?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Zambia
Timeline
Posted

Anyone who believes they have been mistreated by the government or any publicly regulated organization -- discriminated against -- has a right to contact the ACLU.

The U. S. provides no right, however, for a citizen to bring someone from overseas into the country, except by following the procedures and the rules...and meeting the requirements for admission into the country. If the U.S. determines that the requirements are not met, it has the responsibility under law to deny admission (or a petition requesting the admission of someone).

Any citizen is free to marry so long as the individuals are single and eligible according to the different state laws. The U.S. does not have laws pertaining to marriage--only the 50 states.

Again, what civil rights are at issue here?

Posted
You always have a right to file with ACLU. ACLU did take a interest in my case and took my information. I even notified USCIS on this. My case was approved. You can always try. "Yes" immigration is a right also, not just a privledge. Do not let other's discourage you. APPEAL the case, keep fighting and it will go threw. I would Highly encourage "Humen rights commision envolvment" first before ACLU.

My thoughts are you need to see what they say in the denial first... Then base of what feedback you get.

I note your petition was approved via your timeline. You have not had your interview yet, so your visa may not be granted...you don't know. Regardless, I would suspect that each case would be looked at individually. Since you obviously did some work on your case, and had the assistance of ACLU, are you aware of anyone who's fiance has been granted a visa? I'm assuming there are WAY more people going through this than are here on VJ.

Any answers you can provide can only help those that have these same questions. Thanks.

carlahmsb4.gif
Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted (edited)

As for the Adam Walsh Act it is uncontitutional law. There is allot of debate of this and it's loseing State to State. ACLU has already taken action in this uncontitutional law. We are not the first. Go to this web site amd many, many others and you will see our oppion does not stand alone. http://constitutionalfights.wordpress.com/

As for my case I did beat the law. I did contact Human rights division, and ACLU. My case was approved one month after I sent the requested evidence they needed after a NOID notice. My past is done as the petitioner. My wife will go threw the interview. It's not about me anymore but my wife. I will stand by her side at the interview. The Department of State cannot deny my case due to the Adam Walsh act anymore. I already received the approval and proved my evidence.

As to the last post I do stand incorrect for immigration, It is a privledge. But you do have the right to fight the Adam Walsh act and appeal your case. This is uncontitutional.

Edited by Angie Y Shane
Filed: Timeline
Posted
Does anyone have a Adam Walsh Act denial based on their constitutional rights having been violated?

Our attorney is attempting to take this to the ACLU. The more cases that involve civil rights issues the more likely that the ACLU will become involved.

Whose constitutional rights? Like it has been said to exhaustion: IMMIGRATION IS A PRIVILEGE, NOT A RIGHT.

But by all means, involve the ACLU. I just don't see USCIS peeing their pants over it.

Filed: Timeline
Posted

Thanks for mentioning the Human Right Commission, we'll contact them if they can help us. I'm here in the USA already and adjusted my status but they revoked their approval. I understand the constitution did not give me any rights, however the rights being denied are my husband's. Our attorney has contacted the ACLU and the ACLU got back to her asking for more information. I will find out which rights may have been denied. Our attorney feels if we can get more cases it improves our chance with ACLU.

Also, I'm wondering if someone can give insights concerning the work permit when the denial of a green card has been appealed.

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

I'm trying to better understand your situtation. Did you get approved first, then USCIS revoked your approval?? Did they know you fell under ADAM WALSH ACT? Did you ever receive a NOID first?

Did you enclose information about the past crime? Please explain more your situation??

 
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