Will there be a problem with my GC application?

[jboy]

First of all, I want to thank you guys for the amazing job you are doing here. Am a PhD student at one of the universities in the northeast. I got married to my USC wife in May 2012 and we are expecting our first child in the next few months. We are in the process of filling for my adjustment of status papers when I ran into some comments online about USC who are convicted sex offenders are barred from having family-based petition approved. We have been living together for almost a year and I can tell you that she is a wonderful lady. She became a sex offender because she pleaded guilty to statutory rape charge for having sex with a 15 years old minor back in 2005. I just want to know if anyone has seen a similar case like mine approved for a GC application. Thank you so much for all your help.

[deathrow2020]

Waiver(s) Needed, But They're Hard to Get

A person who enters the US legally (like yourself) can marry a US citizen and apply for the Green Card. But the issue is not the Marriage. The issue is that she is not currently eligile to sponsor the green card because of her offender history. She cannot get around the requirement for the waiver in order to petition for you, once you are married.

Waivers from Adam Walsh Act would be needed in your case. More info on the Act can be found by following the link below:

These waivers, known as Adam Walsh Waivers, are very hard to win. The officer (IO ) is the sole person who makes this decision, and there is no appeal for the decision - period. If it is denied, they don't even have to tell you why.

To qualify, you have to show that you (the offender, in your case, your wife) pose no risk to your spouse or other beneficiary. To do this, you should submit this type of evidence - the more the better:
*
Affidavits from your spouse, yourself, and family & friends; police records; ; any public information about the offense; a mental/psych evaluation; proof that she has been rehabilitated, etc.
*
Again, these (waivers) are EXTREMELY difficult to get approved, so I'll advise you to hire the services of an experienced immigration lawyer to handle your case, since u only get one shot at it.

Hope the above helps you out. Good luck.

[jboy]

A person who enters the US legally (like yourself) can marry a US citizen and apply for the Green Card. But the issue is not the Marriage. The issue is that she is not currently eligile to sponsor the green card because of her offender history. She cannot get around the requirement for the waiver in order to petition for you, once you are married.

Waivers from Adam Walsh Act would be needed in your case. More info on the Act can be found by following the link below:

These waivers, known as Adam Walsh Waivers, are very hard to win. The officer (IO ) is the sole person who makes this decision, and there is no appeal for the decision - period. If it is denied, they don't even have to tell you why.

To qualify, you have to show that you (the offender, in your case, your wife) pose no risk to your spouse or other beneficiary. To do this, you should submit this type of evidence - the more the better:
*
Affidavits from your spouse, yourself, and family & friends; police records; ; any public information about the offense; a mental/psych evaluation; proof that she has been rehabilitated, etc.
*
Again, these (waivers) are EXTREMELY difficult to get approved, so I'll advise you to hire the services of an experienced immigration lawyer to handle your case, since u only get one shot at it.

Hope the above helps you out. Good luck.

Thank you so much for your candid advice. I will take everything into consideration.

[jwa259]

Follow-up

Thank you so much for your candid advice. I will take everything into consideration.

jboy.....appreciate a follow-up as I am in the same situation.