Adam Walsh Act

[Leovirgo 0]

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??

Yes, we were approved at the interview then they send a letter saying they reopened the case or application. We only knew it is an AWA after the local USCIS requested paperwork for my husband's allegedly offense.

We send letters, letters from therapists etc. The denial doesn't addressed the issue though like "if my husband poses a threat to me".

[Perplexed 0]

RSO laws have been challenged on their violation of contstitutional rights ... particularly the ex post facto, due process, and double jeopardy clauses. Sometimes the courts agree they violate, sometimes they don't because they are "regulatory" not "criminal" laws. HOWEVER, courts all over the country have been finding AWA unconstitutional based on these rights. The ACLU has been filing cases against RSO laws since 1996 and so they do see this as an important issue. They also fight for the rights of Immigrants (see here http://www.aclu.org/immigrants/index.html). While immigration is a priveledge those who are in the US are protected by the Constitution (Article 7 - UDHR) and particularly against bogus immigration laws (like AWA).

This is a civil rights issue. I've been in the US since the mid 90's, got married to a US citizen who happens to be an RSO and now every day I live wondering when I'll get that letter in the mail from USCIC saying my permanent residency is being revoked because of his status as an RSO. Under USCIC policies, I can be deported because my husband was convicted of a sexually-based crime. They can determine how much danger I'm in, even without my input. I've lived with the man for 5 years and I can tell you I'm not in danger, but under the law and their policies, they can say, sorry but we think you're husband is too dangerous and so we're going to deport you (see Article 12 of the UDHR). The life I've been building here since 1996 could go "POOF" based on a policy developed on a whim and decisions by people who don't know me or my husband. This new law would be applied to us retroactively (he completed his sentence a VERY long time ago = ex post facto) and we would both be punished (double jeopardy - him again for a crime he was convicted of in the early 90's). If that isn't evidence of Constitutional violations, then I don't know what is.

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.

[Angie Y Shane 2]

Last post well explained. I beat the adam Walsh Act. I let USCIS know my rights and where I was going with them. I was sent a NOID because I fell barely under Adam Walsh Act. I was a Adam walsh Petitioner. I beat the act for a number of reasons. One' I proved I was no threat to my wife. I also made it clear that the Adam Walsh Act was uncontitutional. I sent my request of evidence in with my explaination of that. One month later (Approved). MMM interesting APPROVED. I was already preparing a law suit, and they know it to. I was not speaking of this until I Knew for sure until now. USCIS will bully you if you let them.

APPROVED, APPROVED, After takeing my grounds...

[Perplexed 0]

And it takes a lot of courage to stand up to the laws and the more RSO's stay quiet, the more likely new, unconstititutional laws will pass. I tell my husband every day ... keep fighting, don't let them do this to you, you are a human being and your life has value and we have to fight. And so we do and so far, its turned out as well as it can. So keep fighting beautifullady ...

Last post well explained. I beat the adam Walsh Act. I let USCIS know my rights and where I was going with them. I was sent a NOID because I fell barely under Adam Walsh Act. I was a Adam walsh Petitioner. I beat the act for a number of reasons. One' I proved I was no threat to my wife. I also made it clear that the Adam Walsh Act was uncontitutional. I sent my request of evidence in with my explaination of that. One month later (Approved). MMM interesting APPROVED. I was already preparing a law suit, and they know it to. I was not speaking of this until I Knew for sure until now. USCIS will bully you if you let them.

APPROVED, APPROVED, After takeing my grounds...

[Leovirgo 0]

And it takes a lot of courage to stand up to the laws and the more RSO's stay quiet, the more likely new, unconstititutional laws will pass. I tell my husband every day ... keep fighting, don't let them do this to you, you are a human being and your life has value and we have to fight. And so we do and so far, its turned out as well as it can. So keep fighting beautifullady ...

Last post well explained. I beat the adam Walsh Act. I let USCIS know my rights and where I was going with them. I was sent a NOID because I fell barely under Adam Walsh Act. I was a Adam walsh Petitioner. I beat the act for a number of reasons. One' I proved I was no threat to my wife. I also made it clear that the Adam Walsh Act was uncontitutional. I sent my request of evidence in with my explaination of that. One month later (Approved). MMM interesting APPROVED. I was already preparing a law suit, and they know it to. I was not speaking of this until I Knew for sure until now. USCIS will bully you if you let them.

APPROVED, APPROVED, After takeing my grounds...

Thanks so much Perplexed. It makes me feel better that we're not alone and someone understand our situation. I've been researching and reading and so far I have not seen any AAO decisions. We're the 1st perhaps to be sent in to Washington....... We're given 30 days to submit written statements.

[greg55 0]

I am having the same problem, we applied for our visa in 2005 before this awa and uscis did nothing to process our visa application. I filed numerous request ( 5) asking why we have received a responce to this visa application. They never responded to any of our requests. So we hired a attorney, he filed a i-130 7 months later we receive a notice of intent to deny......they require me to prove i am not a threat to my wife. I gather all the proof i could to attempt to prove i am no threat...but one of the best peices of evidence i could have was a evaluation that was done on me while in prison. It clearly stated i was not a threat, now uscis gave us 87 days to submit our proof, The dept of corrections could not supply me with copies of this report that was done. This happened so long ago all my records were in a warehouse and they said it would take them 6 months to find them. How fair is it they require proof i am no threat and give us a unrealalistic time frame to get this paper work in knowing it will take twice that long to get the proof. Besides why doesnt uscis have the burden of proof, to show i am a threat. Doesn't the constitution say innocent till proven guilty.

the constitution says we have the right to marry, to have a family and so does the Decloration of human right of the united nations. And the u.s. radified and approved it. So it is law here as well. this act violates both the constitution of the u.s. and human rights decloration

[Old Dominion 26]

Because you refer to dept of correction, I assume you served a jail sentence and thus were guilty of some sex crime. After you served your time, did you need to report to a parole officer? Or any other court appointed authority? This would be a source of some useful evidence. If you are a convicted felon, then you lost many of your constitutional rights maybe forever.

Yet you are indeed free to marry anyone who is legally in the U.S. No American is free to bring a foreign national into the country without following the process. It is the process that has tripped you up. RSO's who were involved with minors are at the bottom of anyone's list with regard to forgiveness and the latest news of the young lady who was kidnapped at age 11, forced to have children at age 14, is evidence of this fact.

[Angie Y Shane 2]

Trust me for greg55, you need a updated polygraph and evaluation. Do you currently register for a sex offender? If you do, are you considered a high risk offender or non web site registry offender. This means do you have to be listed on state sex offender web site. National sex offender web site, or local state police? These are factors in there behalf they search for. Trust me I know, I beat the act.

Edited August 30, 2009 by Angie Y Shane

[A and T 82]

Trust me for greg55, you need a updated polygraph and evaluation. Do you currently register for a sex offender? If you do, are you considered a high risk offender or non web site registry offender. This means do you have to be listed on state sex offender web site. National sex offender web site, or local state police? These are factors in there behalf they search for. Trust me I know, I beat the act.

I would like to ask you a question , would you mind answering it???

What were you charged with ? I'm just curious if charges make a difference when it comes to IMBRA

Example would a person convicted of having sex with a small child , be judged differently from a person that had consensual sex under the legal age limit of a particular state?

Or would they seem them both as the same ? You don't have to answer if you dont feel comfortable but I feel it would help many cases if you could.

[Angie Y Shane 2]

Adam Walsh Act applies to any family based petitions, whether Imbra case or not. As for what I was charged with was a Statutory rape in the third degree, a class C felony. I have no problem sharing my charge. I have no denial of my charge. I was young and made a bad judgment decision. Was the victim honest with me about her age NO. The victim lied to me and said she was older. That was clearly written in the police report, I was only 22 years old, i still to this day wonder if i should have taken the case to trial knowing she lied to me about her fake age. I did take a plea bargain, I was scared and young and never had any troubles with the law.

The many reason i beat the Adam Walsh Act was because of this. I was not arrested for any other crimes. I was very young and 13 years has passed. I fully gained full custody of my two boys. I do not have to register as a predatory or high risk offender. I took a recent polygraph to prove i had no other unknown victims since completing probation.

I proved that I was no risk to my wife. I sent in all my letters Pastors, family members, and my wife she was aware of my past and her thoughts and feelings about a christian marriage.

i have a three page letter i wrote in a formal manor to USCIS about how i felt i posed no risk to my wife. if anyone is in this same situation i have no problem, showing how it was written to help others.

[miricco 0]

Is the Adam Walsh Act about sex-offender notification unconstitutional?

I have read this law over and over and it is Sad that part's of it made it into law along with SORNA. Most people are not educated on this topic or even how the events of this law being signed into effect tailed in under a different law's

The bill was sponsored by Congressman James Sensenbrenner (R-WI) in the US House of Representatives and moved to final passage over a two-year period. It had been sent to the Senate in 2005 as H.R. 3132 and had 88 co-sponsors, including Mark Foley (R-FL), who had originally introduced the House bill (and later resigned over a sex scandal involving teenagers), and co-sponsor Rep. Bud Cramer (D-AL). The Senate bill passed on July 20, 2006 with an amendment and amendment to the title. Senate co-sponsors John Kerry (D-MA)

I find it so sad that one who originally introduced the House bill resigned over a sex scandel with teens... Hmmm wonder if he is on the State of Fla sex offender register ........ Bet NOT

http://www.helium.com/debates/126881-is-th...tification-unco

[toma1 10]

Is the Adam Walsh Act about sex-offender notification unconstitutional?

I have read this law over and over and it is Sad that part's of it made it into law along with SORNA. Most people are not educated on this topic or even how the events of this law being signed into effect tailed in under a different law's

The bill was sponsored by Congressman James Sensenbrenner (R-WI) in the US House of Representatives and moved to final passage over a two-year period. It had been sent to the Senate in 2005 as H.R. 3132 and had 88 co-sponsors, including Mark Foley (R-FL), who had originally introduced the House bill (and later resigned over a sex scandal involving teenagers), and co-sponsor Rep. Bud Cramer (D-AL). The Senate bill passed on July 20, 2006 with an amendment and amendment to the title. Senate co-sponsors John Kerry (D-MA)

I find it so sad that one who originally introduced the House bill resigned over a sex scandel with teens... Hmmm wonder if he is on the State of Fla sex offender register ........ Bet NOT

http://www.helium.com/debates/126881-is-th...tification-unco

Part of SORNA was declared unconstitutional this week:

http://www.ca9.uscourts.gov/datastore/opin...10/07-30290.pdf

[eagerly 2]

It is with hope that Angie Y Shane are able to reply to this post, despite the fact that he had finally got his petition approved. If not, I also do hope that some would be able to shed me light. I would like to pose several questions with regards to the following:

1. When is a sex offender not considered a threat or risk to the beneficiary?

2. If one is not required by the state to register under SOR, does that mean that the sex offender is not a threat? Angie Y Shane mentioned that he asked the police authorities to issue a certificate of not being a high risk predator. If that is the case, what was stated in the certification, how did they classify you then, low or medium?

3. In the state where I am at, one is required to register if the offender is convicted/sentence/parole/probation after 1995. If the probation was discharge in 1993, would it be SAFE for the offender to show up at law enforcement office/police and ask for certification (refer to item 2)? It seems scary that they might force someone to register being the fact that you presented yourself, though you are not required under the statutes law.

Thanks

[Old Dominion 26]

Each state or locality will have a different way of responding to a request for some certification that a person is no further threat to society. So two of those questions need to be answered locally. I assume the various Sex Offenders laws encourage everyone who was ever convicted to do what is necessary to register, voluntarily, and just be done with it. Convicted offenders like that wing-nut who kidnapped an 11-year-old girl 18 years ago, and forced her to have his children, need to be tracked.

As yet, USCIS has not developed any clear guidance on how it decides if a person is a continuing risk to society. I suppose it depends to an extent on the nature of the crime, how long ago it was, etc. A predatory crime won't be forgiven. As a matter of public policy, I am sure that USCIS would rather make a mistake out of caution, and turn everyone down who applies--with occasional exceptions.

Edited September 23, 2009 by Old Dominion

[Angie Y Shane 2]

It is with hope that Angie Y Shane are able to reply to this post, despite the fact that he had finally got his petition approved. If not, I also do hope that some would be able to shed me light. I would like to pose several questions with regards to the following:

1. When is a sex offender not considered a threat or risk to the beneficiary?

There was no act of Force or Coercion or Sexual violence, in your past or sex offense crime.

2. If one is not required by the state to register under SOR, does that mean that the sex offender is not a threat? Angie Y Shane mentioned that he asked the police authorities to issue a certificate of not being a high risk predator. If that is the case, what was stated in the certification, how did they classify you then, low or medium?

every State has certain level of risk they place you. Predatory offender or low risk offenders. If you are a high risk offender then you have to be on a sex offender notification to the public. Example's would be public notification on sex offender web sites and national sex offender bulletins. Low risk offenders in most states are not listed on sex offender web sites. this would not make you a outrageous risk to the public. You can get this information about your self at your local State police, just request it!

3. In the state where I am at, one is required to register if the offender is convicted/sentence/parole/probation after 1995. If the probation was discharge in 1993, would it be SAFE for the offender to show up at law enforcement office/police and ask for certification (refer to item 2)? It seems scary that they might force someone to register being the fact that you presented yourself, though you are not required under the statutes law.

Thanks

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