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masha.sasha

Adam Walsh Act case and a Writ of Mandamus

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Filed: Other Country: Belarus
Timeline

Hi guys! This is my first time posting online. I hope someone can help me with advice. My husband and I have been married for 5 years. We have 2 kids. My husband is a sex offender. When he was 20, he dated a 15 year-old girl, his ex-girlfriend reported about those relationship and he got a conviction.

So, we got married in September 2007. He filed a petition I-130 for me right a way. USCIS requested some information, we provided them with everything they asked for. We were denied based on Adam Walsh Act in September 2009. At that point, we hired an attorney to appeal the case. In July 2011, BIA sent the case back to Milwaukee office for a new decision to be made by the field director. After that, in August 2011, our attorney submitted a brief to USCIS as a reply to BIA's decision. In November 2011, we went to the InfoPass appointment to ask about our case status, as we have not heard anything from Milwaukee office after BIA's decision. They said wait 90 days. In February, our attorney sent a letter about the case status, they said to wait 60 days. In May, the letter was sent out again, the respond was to simply wait without any clue how long. In June of this year, 2012, we finally found an attorney who specializes in Adam Walsh Act cases, and he submitted Adam Walsh waiver for us. Then, 3 months later, he sent a letter to Milwaukee office asking about a case status again, but there was no answer from them.

We have been fighting for the petition more than 5 years already. We simply want them to make a decision. If they deny us again, then we will do something back. So, we are thinking about filing a Writ of Mandamus, and if they deny us, we will file an administrative procedure act.

Do you think this is the right pass? or should we wait even longer?

Our present attorney is from NY. Should we look for someone locally to file the Mandamus, since it might get very expensive if he needs to fly to WI and spend a day here?

I just want someone who knows something about this law to give me his or her opinion.

Thank you in advance

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  • 3 months later...
Filed: Other Country: Mexico
Timeline

Hi guys! This is my first time posting online. I hope someone can help me with advice. My husband and I have been married for 5 years. We have 2 kids. My husband is a sex offender. When he was 20, he dated a 15 year-old girl, his ex-girlfriend reported about those relationship and he got a conviction.

So, we got married in September 2007. He filed a petition I-130 for me right a way. USCIS requested some information, we provided them with everything they asked for. We were denied based on Adam Walsh Act in September 2009. At that point, we hired an attorney to appeal the case. In July 2011, BIA sent the case back to Milwaukee office for a new decision to be made by the field director. After that, in August 2011, our attorney submitted a brief to USCIS as a reply to BIA's decision. In November 2011, we went to the InfoPass appointment to ask about our case status, as we have not heard anything from Milwaukee office after BIA's decision. They said wait 90 days. In February, our attorney sent a letter about the case status, they said to wait 60 days. In May, the letter was sent out again, the respond was to simply wait without any clue how long. In June of this year, 2012, we finally found an attorney who specializes in Adam Walsh Act cases, and he submitted Adam Walsh waiver for us. Then, 3 months later, he sent a letter to Milwaukee office asking about a case status again, but there was no answer from them.

We have been fighting for the petition more than 5 years already. We simply want them to make a decision. If they deny us again, then we will do something back. So, we are thinking about filing a Writ of Mandamus, and if they deny us, we will file an administrative procedure act.

Do you think this is the right pass? or should we wait even longer?

Our present attorney is from NY. Should we look for someone locally to file the Mandamus, since it might get very expensive if he needs to fly to WI and spend a day here?

I just want someone who knows something about this law to give me his or her opinion.

Hi my case was also denied do to the adam walsh act all i know is you defenitely need a lawyer who previously had cases like ours .i was wondering how you case is going?

Thank you in advance

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  • 2 years later...
Filed: Citizen (apr) Country: Ecuador
Timeline

The OP hasn't logged on to VisaJourney for 11 months, and the above was her only post. You're unlikely to get a response.

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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