In the U.S. with fiance visa, got married, but now U.S. citizen is incarcerated.

[Used to be broken 147]

yes, she is.

This is very interesting thread for a number of reasons. First time I have seen discussion of Adam Walsh act since the time it went into effect and caused so many people waiting on interviews to have to reschedule for some police clearance check things.

If I had to venture a guess here, I would say that since he wasn't convicted until recently this didn't come to USCIS attention. Wonder if they run checks just in the initial NVC stage on the petitioner and not at the AOS stage?

Might get lucky and get a green card in the mail if she updates her address?

[Used to be broken 147]

Immigration Law

The Adam Walsh Act amended 8 U.S.C. §1227(a)(2)(A) by adding section

(v) which makes a conviction under 18 U.S.C. §2250 a deportable

offense.43 The law also prohibits “U.S. citizens and lawful permanent resident

aliens who have been convicted of any ‘specified offense against a

minor’ from filing a family-based immigrant petition…on behalf of any

beneficiary.”44 As described above, “specified offenses against a minor”

include most computer-facilitated crimes against children, including any

child pornography offense and any use of the Internet to lure a child for

sexual contact.45 In addition, the Immigration and Naturalization Act

was amended to “remove spouses or fiancés of U.S. citizens convicted of

these offenses from eligibility for ‘K’ nonimmigrant status.”46

43 8 U.S.C. §1227(a)(2)(A)(v).

44 8 U.S.C. §1154(a)(viii).The Secretary of Homeland Security, however, may

grant exceptions to this requirement in certain cases. Id.

45 42 U.S.C. §16911.

46 8 U.S.C. §1154(b)(i)(II). Again, the Secretary of Homeland Security may grant

exceptions to this requirement in certain cases. Id.

[JimVaPhuong 4,863]

but... can anyone tell me if it will help for her to hire an attorney? Reading up on the Adam Walsh Act, it seems like she has no chance of being able to stay here. But I'm also not really familiar with fiance visas or the Adam Walsh Act. I consulted a lawyer on her behalf (a free phone consultation) and all he really said was that a lawyer would be helpful in reviewing the criminal record to determine if in fact the U.S. citizen husband is subject to the Adam Walsh Act, and, if so, an attorney could guide her through the waiver process. He also said that he had a similar case years ago before the Adam Walsh Act was in play, where his client, also from Japan, was able to secure permanent residence even though her husband could not be at the adjustment interview. (he did not say under what circumstances though)

The reason I suggested previously that she get a lawyer is because she's in a gray region. The Adam Walsh Act is relatively new, and is still being tested in courts.

Technically, he was not a convicted child molester when he filed the petition, even though he'd already been charged. However, USCIS can revoke the approval of the petition up until the AOS is approved. If the AOS is denied and the petition approval revoked, which is distinctly possible, a lawyer could make the argument that he was eligible to file the petition at the time it was filed and approved, and USCIS should not be able to retroactively revoke the approval of the petition for a conviction that occurred after the petition was approved and the visa issued. I'm not aware that this scenario has ever been tested in court, but she sure wouldn't want to go after USCIS by herself.

Any attorney she considers should have specific experience with AWA cases.

[Myopia 93]

I think it's pretty clear that nobody likes child molesters. I can't even say what her intentions really are because like I said, she is now working at the local hospital in the cafeteria and lives with the pastor and his family. I don't really know what she's planning to do because she obviously can't stay there forever and I highly doubt that her husband will be getting out of prison anytime soon... I think she just really wants to be in the U.S...(my opinion)

but... can anyone tell me if it will help for her to hire an attorney? Reading up on the Adam Walsh Act, it seems like she has no chance of being able to stay here. But I'm also not really familiar with fiance visas or the Adam Walsh Act. I consulted a lawyer on her behalf (a free phone consultation) and all he really said was that a lawyer would be helpful in reviewing the criminal record to determine if in fact the U.S. citizen husband is subject to the Adam Walsh Act, and, if so, an attorney could guide her through the waiver process. He also said that he had a similar case years ago before the Adam Walsh Act was in play, where his client, also from Japan, was able to secure permanent residence even though her husband could not be at the adjustment interview. (he did not say under what circumstances though)

I really do feel bad for her just because she's a nice woman and I'd like to be able to offer her some good advice.. to be honest, the most heartbreaking thing about this whole situation was when the jury found him guilty and his 13 year old daughter fainted and all the wife could do was cry in court. I just can't imagine what they're really going through

What's heartbreaking is allowing your 13 year old daughter to see you convicted for a crime that you apologized for.

I can't find one ounce of empathy. Zilch.

[VanessaTony 3,567]

If she rocks up to her AOS interview without her husband she's going to be denied. He HAS to be there. Only exception is military who are deployed.

Lets say he gets convicted, years later she naturalises and many years later they find out about the fact she wasn't eligible because he has a criminal record and he didn't show it. Her citizenship can be revoked because she wasn't eligible if the truth were revealed..

Moral of the story - she NEEDS to see a lawyer.

[rin and john 71]

An interesting thread on another forum where it appears an immigrant was able to adjust status while their spouse was in prison.

http://www.prisontalk.com/forums/showthread.php?t=189370

[kkrxo 2]

What's heartbreaking is allowing your 13 year old daughter to see you convicted for a crime that you apologized for.

I can't find one ounce of empathy. Zilch.

Well, I don't think he "allowed" her to go just to see him get convicted... he pleaded not guilty so no matter if he was guilty or not, his friends and family were still going to be in court supporting him. I'm not condoning what he did but I, myself, am heartbroken about the whole ordeal because his daughter is best friends with my sister and I see how much pain she's in.

[Myopia 93]

Well, I don't think he "allowed" her to go just to see him get convicted... he pleaded not guilty so no matter if he was guilty or not, his friends and family were still going to be in court supporting him. I'm not condoning what he did but I, myself, am heartbroken about the whole ordeal because his daughter is best friends with my sister and I see how much pain she's in.

His lawyer must have told him that the odds werent good.Its just sad how someones crime can affect others so much but my sympathy lays with the two molested girls who will go through life with the memory of this molestation.

I hope I didnt offend you.

[kkrxo 2]

His lawyer must have told him that the odds werent good.Its just sad how someones crime can affect others so much but my sympathy lays with the two molested girls who will go through life with the memory of this molestation.

I hope I didnt offend you.

No! You didn't offend me I feel bad for the 2 girls too.. (who by the way are his daughter's cousins from the mom's side)