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Posted

can you please help me with the information you have thus far gathered? I have been working with the ACLU in my state and with some other big names working on going head to head over the Adam Walsh act and any positive information could be helpful.

I was also thinking contacting ACLU. The more voices ther hear, the bigger AWA issue grows the more attention it is lickely to get.

Could you tell me if that was easy to get someone interested to help you with AWA there? Did you contact by phone, mail, etc? Could you tell more about your experience in working with ACLU? Did you get enywhere so far?

Thank you so much for any info you are willing to share.

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Filed: K-1 Visa Country: Philippines
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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.

If you are denied a K-1 based on the Adam Walsh act, you have the right to appeal that decision to the head of the Department of Homeland Security. The part of the act that is unconstitutional is sitpulating that the decision of the Head of the Department of Homeland Security is "unreviewable". That amounts to saying the Adam Walsh Act is not subject to court challenge, which is obviously unconstitutional.

I have a K-1 visa situation with Adam Walsh Act implications. I have spoken with an attorney who has experience in representing such cases. He says he can help us file the K-1 application.. The probability it will be denied is 99%. That would cost $5,000 in attorney fees, flat rate. The second step would be to file an appeal to the Department of Homeland Security with a denial probability of 99% also. That would cost an additional $3,000 in attorney fees, flat rate.

The next step would be appealing the decision of the Department of Homeland Security in Federal court. For this, the attorney required and initial retainer fees of $7,500. Depending on the government defendant's response, this litigation might cost between $10,000 to $30,000, with a completely unkonwn probability of success. There simply have not been enough cases adjudicated to establish precedents.

By the time you add in a couple of thousand dollars for filing fees and documents, the total cost could run between $20,000 and $40,000, with no guarantee of success.

Keep in mind, this is only initial evaluation, non-legal advice, and cost estimates from one attorney.

I would be very interested in hearing from anyone who has successfully obtained a K-1 visa under such circumstances. If you would feel more comfortable, please feel free to private message me.

Filed: K-1 Visa Country: Philippines
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Posted

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.

Curious. Did you use an attorney or did you do this all yourself?

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Until yesterday, this thread had last been active in 2011. It's now closed to further comments.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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