Waiver for Walsh Act?

[cailer1 0]

Well, after researching on vj and looking up the Walsh Act and reading it, I think I fall under the Act. My question is, under the Walsh Act there is what looks like the ability to request a waiver, taking into the account the type of crime, number of years since conviction, etc. Does anyone know anything about this, and how to go about it?

[YuAndDan 153]

The only suggestion is to consult an immigrations attorney. The Adam Walsh law can be a tough nut because of it's nature it is intended to protect unsuspecting immigrants from abuses from a US Citizen that has a history.

Case in point: http://candleforlove.com/forums/index.php?showtopic=18398 (Prime example why the law exists)

[cailer1 0]

thanks, i did disclose this and sent in all the documentation i had on my case, and i told my wife about it before we were married. i didn't think it would be this big a hurdle, though. i understand why the laws are there, but there is a way, isn't there?

[Peggy 1]

The only suggestion is to consult an immigrations attorney. The Adam Walsh law can be a tough nut because of it's nature it is intended to protect unsuspecting immigrants from abuses from a US Citizen that has a history.

Case in point: http://candleforlove.com/forums/index.php?showtopic=18398 (Prime example why the law exists)

Wow, what a nightmare for that poor girl and her child.

This law is a good one

[payxibka 10,045]

thanks, i did disclose this and sent in all the documentation i had on my case, and i told my wife about it before we were married. i didn't think it would be this big a hurdle, though. i understand why the laws are there, but there is a way, isn't there?

Many have applied for and received IMBRA waivers... I have not read or heard about a case under Adam Walsh

[pushbrk 12,893]

thanks, i did disclose this and sent in all the documentation i had on my case, and i told my wife about it before we were married. i didn't think it would be this big a hurdle, though. i understand why the laws are there, but there is a way, isn't there?

Many have applied for and received IMBRA waivers... I have not read or heard about a case under Adam Walsh

I think you'd need to consult an attorney on this. Expect to pay dearly due to the research costs.

From Wikipedia

"The Act also for the first time limits the rights of citizens or permanent residents to petition to immigrate their spouse or other relatives to the U.S. if the petitioner has a listed child sex abuse conviction. If that is the case, then the petition cannot be approved unless the Department of Homeland Security determines in its unreviewable discretion that there is no risk of harm to the beneficiary or derivative beneficiary."

It seems a registered offender with a conviction on the act's list, would have to build an extremely compelling case to meet the standard of "no risk of harm". It would seem a hurculean task.

[Don E 0]

You haven't provided enough information for anyone to give you a good answer one way or the other. It appears that you've already submitted your petitions. You state that you've already disclosed this information (your criminal record) to the USCIS, so I'm assuming that you did this with your I-129F as required. I don't see any point in hiring an attorney at this time. You'll just have to wait for your petition to be adjudicated. If it's approved, then you're good to go. If you get an RFE or NOID, then what you do at that point should depend on what the USCIS says in the RFE or NOID. I don't believe that you should have filed or should file any waiver request unless you also previously filed for a K-1 in the two years prior to this one or previously filed for two or more K-1 visas. Based on what you've written, it sounds like you've done what you should have up to this point.

Just my opinon, I'm no expert, and I could be wrong.....good luck!

Well, after researching on vj and looking up the Walsh Act and reading it, I think I fall under the Act. My question is, under the Walsh Act there is what looks like the ability to request a waiver, taking into the account the type of crime, number of years since conviction, etc. Does anyone know anything about this, and how to go about it?

[pushbrk 12,893]

You haven't provided enough information for anyone to give you a good answer one way or the other. It appears that you've already submitted your petitions. You state that you've already disclosed this information (your criminal record) to the USCIS, so I'm assuming that you did this with your I-129F as required. I don't see any point in hiring an attorney at this time. You'll just have to wait for your petition to be adjudicated. If it's approved, then you're good to go. If you get an RFE or NOID, then what you do at that point should depend on what the USCIS says in the RFE or NOID. I don't believe that you should have filed or should file any waiver request unless you also previously filed for a K-1 in the two years prior to this one or previously filed for two or more K-1 visas. Based on what you've written, it sounds like you've done what you should have up to this point.

Just my opinon, I'm no expert, and I could be wrong.....good luck!

Well, after researching on vj and looking up the Walsh Act and reading it, I think I fall under the Act. My question is, under the Walsh Act there is what looks like the ability to request a waiver, taking into the account the type of crime, number of years since conviction, etc. Does anyone know anything about this, and how to go about it?

If there's an RFE, he'll have a short time to respond or have to start over again. Only a gross mistake by USCIS would avoid either an outright denial or RFE. I think the chances of outright denial are quite high but in any event a waiver is going to be needed if he actually was convicted of a listed crime. The attorney is going to have to craft an extremely convincing waiver letter to "convince" the USICIS if it is even possible to do so. Theoretically it is possible but it may only be theoretical.

[Niels Bohr 72]

The only suggestion is to consult an immigrations attorney. The Adam Walsh law can be a tough nut because of it's nature it is intended to protect unsuspecting immigrants from abuses from a US Citizen that has a history.

Case in point: http://candleforlove.com/forums/index.php?showtopic=18398 (Prime example why the law exists)

Amazing. This guy doesn't seem to be an internet predator looking for sex or anything. I am confused just like the wife. Why did he want her to live with him if he doesn't even know what to do with her? (Very twisted that he turned out to be a sex offender)

I don't know about this guy, but, I'm very excited to receive my wife. I cleaned the room, re-organize the furniture, stock lots of food in the fridge, bought a white board so I could teach her English. I'm prepared to receive her.

I know it's the wrong place to post this.

Edited March 14, 2008 by consolemaster