Another Adam Walsh Act Style Immigration Issue

[rebeccajo 14]

It will only effect your case if you or your USC partner have arrears of child support... if you dont then it will have no effect...

Kez

I agree... You will only have a problem if you are violating the law by not paying the child support you are judged to have to pay. There are way too many people out there who don't pay the money they owe to support their children, and I certainly don't think they should have access to immigration benefits if they are in that category.

Well....I think it's liable to effect all petitions.

It will only ADVERSELY affect those petitioners who are in arrears on their child support.

I can imagine that there is going to be some sort of required documentation with all future petitions. A petitioner may be required to get a statement from DHS that they have no arrearages. I also imagine the I129 will be changed to include a sworn statement from the petitioner that they don't have any arrearages.

I'm REALLY not sure how this can be handled. One can owe back support all over the country - liens can be placed on property in a state the petitioner lived in previously. I don't know if delinquent child support 'follows' a person - if it can be easily tracked.

[Helen_ 0]

Ok, now you all are acting like you have the right to judge. I DO agree that children are the first priority. BUT.

My fiancee has been unemployed for two years. But still paid his child support just by giving almost all the money he had to his kids. Now he got a new good job and half of what he makes goes to Child Support. His mistake was that he did NOT notify the Child Support office about his losing a job a few years ago. However, they have been taking 50% of his unemplyment for Child Support. Means, they KNEW he was unemployed. Now they come up with a lawsuit that he didn't pay it to the full, his ex CONFIRMS it and starts a lawsuit. Inspite of his giving almost his money to his kids! No matter how much he used to make or makes now, money goes to his children. ALWAYS. Cause it's his must and he knows so. He never was bitching about it, never been complaining or anything. But now the court puts him on PROBATION for that and he owes just absolutely crazy money he will have to pay til the end of his days. Our petition was approved a year ago. We're still waiting for the security clearance to end. I'm not the one who can just sit on my ### and do nothing, waiting for my hubby to make some money. I don't think I'll stay unemployed in that country. However, this law now can make it almost impossible for us to be together! For no reason. Only cause they were qiuetely taking the money out of his unemployment and when he got a new job, they come up with this issue, accusing him of not giving his kids anything.... Outrageous.... And ex sure doesn't mind. So, saying that he wouldn't pay his child support for some time would be absolutely NOT fair! Cause his kids are a part of him.

[prpplague 0]

It will only effect your case if you or your USC partner have arrears of child support... if you dont then it will have no effect...

Kez

I agree... You will only have a problem if you are violating the law by not paying the child support you are judged to have to pay. There are way too many people out there who don't pay the money they owe to support their children, and I certainly don't think they should have access to immigration benefits if they are in that category.

i agree with the fact that the IDEA of this law is a good idea, problem is it is poorly implemented. if congress intends on passing laws such as this they should spell out some rules for the USCIS, DHS, and DHHS.

1. give them a period PRIOR to law taking effect to have the procedures in place

2. require defined methods of correcting mistakes

3. require a specific accountability for the time it takes to do these items.

i don't think anyone will argue that a deadbeat mother or father not paying child support deserves to have the privilage of bringing a relative to the US, but that doesn't mean that in order to implement this others who have done nothing wrong are delayed weeks or months due to finger pointing between government agencies.

continuing through the process of acquiring a IR-1/CR-1 for my wife, i've seen all the requirements placed on us. all of these requirements have reasonable goals, income requirements to prevent wards of the state, background checks to prevent influx of criminals, proof of bond fida relationships, medical exams to prevent influx of communical diseases. all reasonable. problem is that implementing these requirements isn't always reasonable.

items such as the difference between a spouse who overstays a visa for more than 6 months and is STILL in the US gets forgiven by the USCIS while doing an Adjustment Of Status, however if the spouse has left the US a ban would be a minimum of 3 years, prove that the law makers have become disconnected with the legal immigration procedures. those of us that have been through this process need to demand from our Congressmen(women) and Senators to bring some common sense back to immigration law, to demand not special treatment, but to demand fair and timely treatment.

those of us who are trying to legally bring a spouse or relative to the US feel the pang of anger and betrayal when we hear things such as illegals getting in-state tuition at colleges, or being allowed to have credit cards without social security numbers. is anyone else offended when you hear that the department of justice gave a mexican drug smuggler LPR status just so he could testify agains to border agents who shot him after he was caught smuggling drugs?

too many of us who finish the visa process for our spouse or relative are simply worn out by the process to continue dealing with the legal ramfications afterwards..."we got our visa, lets get on with our lives and not do anything to jepordize our visa" . when all is said and done, those of us that have lived this nightmare need to stand up and be heard, demand that there be change.

[Julissa Moreno 0]

Yes, they don't deserve to have access to immigration benefits. However, doesn't that make it more difficult to obtain benefits who deserve access to immigration benefits. It makes it even more difficult for legit filers to get benefits. I will favor laws that can differentiate the two, not laws that include the two delimmas.

[Julissa Moreno 0]

Yes, they don't deserve to have access to immigration benefits. However, doesn't that make it more difficult to obtain benefits who deserve access to immigration benefits. It makes it even more difficult for legit filers to get benefits. I will favor laws that can differentiate the two, not laws that include the two delimmas.

Let me try this again!

Listen to my situation: My husband and had been waiting for the I601 for over a year and during this time, I had paid his child support because I thought it would affect him negatively; they would deny him if he owed. Well, they denied our waiver- not enough hardship, I think that me paying his child support gave DHS the idea that we would survive the 10 year ban! I have not been able to pay the full amount of his child support for the last few months because I am living paycheck to paycheck. Before, I still had savings from when he was here working. All of the savings went to his child support. Since then I asked for a MTR and I have been paying on his child support, not the whole amount. If he is not allowed to return, his balance is going to accumulate!!! He is not a dead beat DAD, in Mexico, he barely makes enough to eat!!! $100-120/week working 6 days from 4 am to 7 pm!!!

If he is not allowed to return to work, he will not be able to pay this.

[Niels Bohr 72]

I'm sorry that we can't do anything for your situation. All we could do here is to hear your story. Maybe some politician will make things go right if they showed up here; however, I doubt it.

I would advise you not to give up, and work smarter and harder. In the US, you can't give up. You need to continue looking forward, and work to your best. My wife is in Cambodia. She's a servant to somebody. She has no education, no parents, and no specialization that will make her earn a good living in the USA. All she could do is cook, and clean. I am persuing a double degree in Engineering, electrical and computer. This will provide us with a future so that we don't have to struggle once she arrives here. However, I have two years left to get the degree.

Even though my situation is different, we do share some similarities. Our stories reveals that we hardly have any money for now. It shows us that we need to continue to pursue a future for ourselves by not giving up and working harder and smarter at the same time. Also, make the right decisions and don't make wrong turns. You must be patient as well. All you can do right now is to plan small steps for you to rise up with a happy family.

I wish the best for you! Hang in there!

Edited February 28, 2007 by consolemaster

[Geist 0]

Or, it could be interpretted to mean that he cares a lot about his constituents, given the purpose of the new proposal

Perhaps, but only certain constitutuants. Specifically, those who aren't trying to bring over relatves from abroad.

For those of you who say it will only affect certain people who are petitioning, don't you realize that there has to be some way that they go and tell WHO owes child support? It's like the Adam Walsh Protection Act. They have to have SOME way to tell if you're a child molestor don't they? That means a background check and not just on those of us who MIGHT be child molestors, but on ALL of us. Because 1% of us who are petitioning for our loved ones to come here might be child molestors or might have an intent to have relatives come over so they can molest children, ALL of us have to have our background checks. All of us are considered child molestors until the FBI tells them that so far, we don't appear to be child molestors. How many of you out there are child molestors? How many of you like being accused of being a child molestor? In the end, I doubt his law will catch many child molestors. All it does is add processing time (not to mention prevent us from filing DCF)

This new law will only do the same. It will add more processing time to all of our cases, even if we have never been married before, even if we never have children. It affects all of us, not just those of us who have children from previous marriages.

Just like the Adam Walsh Child Protection law, I'm sure this one has a good intent. But good intentions pave the road to hell and take your rights along with them.

[Kez/JWolf 6]

It is trying to protect the rights of the 10000's of children who live in poverty because their absent parent does not pay their child support.... if it will help those children then it is a good thing... if it causes a few weeks delay in your case well thats not a good thing but over all it will prevent absent parents from claiming they can't pay the child support but then try to say they can sponsor a new spouse and any children that come along...

If you pay your child support or you dont have any children then you have little to worry about other than a slight delay in your processing time...

You think it is a breach of your rights was about all the checks the immigrant has to go through... just so the US government can see if it want us in their country... we may not like all the intrusion into our lives but if you want to complete the immigration process you just deal with the hoops we are made to jump through... or you go live somewhere else....

Kez

Edited March 2, 2007 by Niagaenola

[payxibka 10,045]

[

Just like the Adam Walsh Child Protection law, I'm sure this one has a good intent. But good intentions pave the road to hell and take your rights along with them.

What rights are you referring too?

[Geist 0]

[

Just like the Adam Walsh Child Protection law, I'm sure this one has a good intent. But good intentions pave the road to hell and take your rights along with them.

What rights are you referring too?

The right to be innocent until proven guilty. The right to be able to live with your spouse. And the right to privacy. In order to have our spouses here, we have to tell the government EVERYTHING. How much we earn. All the addressese we have lived at for the past 5 years. Any convictions we've had. All the jobs we have worked in the past 5 years. All our previous marriages. Who our parents are, where they were born, where we are currently employed. Why should we be punished or treated any differently just because our spouses are foreign? Perhaps all couples who want to marry should get a background check, to make sure they aren't child molestors or haven't abused previous spouses. It would be fair, right?

Edited March 2, 2007 by Geist

[payxibka 10,045]

[

Just like the Adam Walsh Child Protection law, I'm sure this one has a good intent. But good intentions pave the road to hell and take your rights along with them.

What rights are you referring too?

The right to be innocent until proven guilty. The right to be able to live with your spouse. And the right to privacy. In order to have our spouses here, we have to tell the government EVERYTHING. How much we earn. All the addressese we have lived at for the past 5 years. Any convictions we've had. All the jobs we have worked in the past 5 years. All our previous marriages. Who our parents are, where they were born, where we are currently employed. Why should we be punished or treated any differently just because our spouses are foreign? Perhaps all couples who want to marry should get a background check, to make sure they aren't child molestors or haven't abused previous spouses. It would be fair, right?

I looked at the Bill of Rights upto and including the 27th amendment... Don't see the RIGHT to be able to live with your spouse listed ... Maybe I missed it... I will go look again...

Edited March 2, 2007 by fwaguy

[Kez/JWolf 6]

Immigration Benefits are not a right, they are a privilage given by the Government... they are not saying you are guilty the are trying to protect the rights of children in the USA to be supported by absent parents....

Kez

[Geist 0]

I looked at the Bill of Rights upto and including the 27th amendment... Don't see the RIGHT to be able to live with your spouse listed ... Maybe I missed it... I will go look again...

And you won't find the right to privacy, either, but we still have one and the supreme Court found it implied in its margins.

In anycase, I was referring to NATURAL rights, aka, Aristotlan rights. Rights that you have simply because you exist and you are a human being. There might not be a right to not be tortured listed in the constitution, does that mean that you should be tortured?

Immigration Benefits are not a right, they are a privilage given by the Government

Good thing the native americans didn't have a government then, else they would have denied everyone of us that priveledge. And just because it is considered a privelege, doesn't mean you just have to sit down and take whatever they give you and just shrug your shoulders and say "oh well." At one point you have to draw the line and say that they've gone too far.

... they are not saying you are guilty the are trying to protect the rights of children in the USA to be supported by absent parents....

The rights of the children over the parents? If you look at most child support laws, they automatically assume two things 1) that the father owes and 2) that the mother is completely incapable of supporting the child. So the father in many cases ends up sending half of his income to support his child...and in many cases his ex-wife. The American courts are known for being extremely biased when it comes to child support laws. This proposed law wouldn't be nearly so horrendous if we had a more balanced child support system, say, each parent being responsible for 50% of cost of raising their child...instead of the father being responsible for all of it.

[Kez/JWolf 6]

Child support is the US can be paid by a absent mother or the father... not just a absent father....

And yes do do not have to put up with the difficulties of immigration into the USA... you can live in another country...

Kez

[Geist 0]

Or, as I was more or less thinking, since we live in a democracy and our government derives its ability to rule from the consent of the masses (sort of like their ability to rule us is a PRIVELEDGE we give them, not the other way around) we could try to change it and make it easier instead of just "Well, gee golly whillickers. Guess it'll just be a little harder to immigrate now. Good thing they're still letting us do it!"