Adjustment of Status & Adam Walsh Child Protection and Safety Act of 2006

[The G]

I am on a relationship with my husband for 6 years, we recently got married and he applied for my Adjustment of Status (I485) in October 2013. Everything was going fine (actually going quite quick) until we had our I 485 interview canceled due to "unforeseen circumstances". Today we received a notice (ASC) for a biometrics appointment for my husband (the petitioner - US Citizen) because our case may be subject to review under the Adam Walsh Child Protection and Safety Act of 2006. My husband is registered as Sex Offender TIER 1, which mean he does not offer any risk to the society. In 2008 he was set up and engaged internet conversation with a person who he believed to be a girl. That "girl" actually never existed (a local prosecutor officer posed as the girl) and he was arrested, then registered for probation for about 1 year and now every year he needs to register at the local police. In July 2013 we received a copy of letter from the prosecutor office to our local police stating that he is a tier 1 sex offender and our local police is prohibited by law from disseminating any information regarding his status as sex offender except to other law enforcement agencies in our state (New Jersey) or the United States, or any other state and his information cannot be released to the public.
Now my question is, does anybody here had any experience with Adjustment of Status and Adam Walsh Act? Could I be deported? I've been reading posts on the Internet but everything I found was sex offenders tier III (the high risk, the most dangerous people) petitioning "K" visas and their cases were denied. Today my husband works, his is getting his 2nd undergraduate degree in a State University, we are married but no children yet and in the process of buying our first home. Just as an additional info, I was aware of this problem but I was never involved. The court papers state that he was in a relationship with me but it is very clear that I have no involvement with this, so I was not charged.
If you had any experience about people in this situation, please let me know. We had no idea about this Adam Walsh Protection and Safety Act. We were aware of Megan's Law in the State of New Jersey but he never had any other problems because he register every year and since then is totally out of trouble.

I would appreciate if you could give me little hand with this matter ....

Thank you

[claudia36]

Adjustment of Status & Adam Walsh Child Protection and Safety Act of 2006

Hire a immigration lawyer

[rayb]

Hire a immigration lawyer

Two out of any three immigration attorneys will accept a retainer for this kind of "Adam Walsh" problem and most such attorneys will not succeed in helping you get a Green Card. The advice to "hire a immigration attorney" needs to be qualified with: "Hire a specialist immigration attorney who is experienced with assisting and succeeding in obtaining approval for these types of situations."

Before handing any attorney, no matter how specialized with this type of problem, a retainer (which could be anywhere from $3,000 to $20,000), take this as far as you are able with USCIS until you are requested to provide specific rehabilitaton proof and/or are told to show up for an adjudication hearing. At that time you need specialized legal representation.

--Ray B

[The G]

In his case, the court that handled his 4th degree attempt sexual contact case did not request rehab. Right after his case was over, he did a psychological evaluation and nothing serious was detected. Since then we have been living together and we had not problems at all. When we were filling for my petition, we didn't think that this could be an issue. We should've research about it, but honestly, we didn't think he was not supposed to file for my papers.

We are going to wait until the next notice from the USCIS after he goes to the biometrics appointment to make a decision about hiring an attorney. We are already researching for a good one (If somebody know any between New York and New Jersey, I am accepting recommendations!!).

Do you know any case of deportation? What the USCIS/ DHS does in the case that the immigrant is already in the USA? All stories I read were about US Citizens applying for a K visa, so the immigrant was not in the USA and they could not even enter the country.

[Fattyyanyan]

Adjustment of status & adam walsh child protection and safety act

Hi,
Any update about your case? I am having the same problem right now, hope you can give me tips how did you resolved it.
Thank you very much in advance

[google11]

im the same here! honestly my immigration attorney 3 times appeal! no luck !!

I'm here Same situation! We got married 2012.applied forI.485 he applied I.130 unfortunately same thing happened they sent letters says under circumstances cancel interview date and case process slow down! After 6month they denied because of his sex offender registration! He hired 14years experienced immigration attorney started appeal that case attorney cost 3k additional immigration form fee 560$ something I even forget! Attorney submit new forms and we were hoping almost a year! Then again denied because no enough documents submitted that my attorney said its ridiculously denied! Someone write that denied letter did read all documents we submitted! They keep asking same documents we submit before! We again paid attorney fee another 3500$ and again 630$another form fee its called i290b .and another 130$ again give a shot! It takes another year and half! 2 weeks ago they email final decision its was I290d dismissed because keep tell not enough documents to show no risk to beneficiary! My attorney was in shock and he said never ever seen government takes this case that seriously! They denied because attorney didn't submit enough documentation to show he is not risk to his wife! Again same thing keep telling! Why it was denied because same officer did decision! Attorney said they hired high level attorney write denial letter because they doesn't want to deal with Adam Walsh act.so it will never succeed even u have experienced immigration attorney! Just my experience waste of money waste of time! My attorney again submitting another document I believe answer would be denial! He explain its difficult to win if not win next 5years I have right to file hardship green card! Just have to wait another 5 years or divorce him and married to military guy! For sure military person does have criminal record and also serving this country because easier way to get green card! I hope good luck to you! Don't stress yourself ! Just keep in mind if u not mind spent over 15k for waste try again if not just divorce and marry to someone has good income and no criminal record! Don't worry about deportation! They will not deport you unless you broke the law!

[lrcastillo99]

I am on a relationship with my husband for 6 years, we recently got married and he applied for my Adjustment of Status (I485) in October 2013. Everything was going fine (actually going quite quick) until we had our I 485 interview canceled due to "unforeseen circumstances". Today we received a notice (ASC) for a biometrics appointment for my husband (the petitioner - US Citizen) because our case may be subject to review under the Adam Walsh Child Protection and Safety Act of 2006. My husband is registered as Sex Offender TIER 1, which mean he does not offer any risk to the society. In 2008 he was set up and engaged internet conversation with a person who he believed to be a girl. That "girl" actually never existed (a local prosecutor officer posed as the girl) and he was arrested, then registered for probation for about 1 year and now every year he needs to register at the local police. In July 2013 we received a copy of letter from the prosecutor office to our local police stating that he is a tier 1 sex offender and our local police is prohibited by law from disseminating any information regarding his status as sex offender except to other law enforcement agencies in our state (New Jersey) or the United States, or any other state and his information cannot be released to the public.
Now my question is, does anybody here had any experience with Adjustment of Status and Adam Walsh Act? Could I be deported? I've been reading posts on the Internet but everything I found was sex offenders tier III (the high risk, the most dangerous people) petitioning "K" visas and their cases were denied. Today my husband works, his is getting his 2nd undergraduate degree in a State University, we are married but no children yet and in the process of buying our first home. Just as an additional info, I was aware of this problem but I was never involved. The court papers state that he was in a relationship with me but it is very clear that I have no involvement with this, so I was not charged.
If you had any experience about people in this situation, please let me know. We had no idea about this Adam Walsh Protection and Safety Act. We were aware of Megan's Law in the State of New Jersey but he never had any other problems because he register every year and since then is totally out of trouble.

I would appreciate if you could give me little hand with this matter ....

Thank you

Hi, we are in the exact same situation as you. If you are still in the US, which I'm hoping is the case, we would very much like to hear the outcome of your case.

We had our adjustment of status interview set for 8/25/15 when we received the cancellation notice dated 8/19/15 for unforeseen circumstances. Four days later, we received a biometric fingerprinting notice scheduled for 9/3/15 with an attached page saying our case is subject to review under the Adam Walsh Act. I suspect it is due to a related misdeameanor conviction I had 14 years ago which I would not go into great details. The conviction has been expunged per California PC 1204.3 statute. My wife is already in the US. We are living together for 6 months now. She has been granted her EAD permit and is scheduled to start working at her new job tomorrow. It would be devastating for both of us if our application is denied.

Any input or suggestion you have would be greatly appreciated. We hope your case had a positive outcome and we wish you all the best. Thanks.

[google11]

Sex offender name is name not really matters tie1 or 3

Yeah its kinda new case for USIC and they not really care about our situation! They just denied because based on law! Im in same situation and my atterney has 14 years experience and never seen case like this!we spent over 10k still no luck! The most importantly lost 3 years still keep trying! My atterney says government doesn't have experience case like this so this time they just keep denies because of protecting alian's right ! Its not like criminal case government takes same as dealing criminals! I really don't understand they not care about that US citizens right!
My understanding US citizens who registered Sex offenders will lose their right no matter how hard you try in this case you will never win even got experienced attorney!!

[NuclearPenguin]

I must be honest.. i'm reading this and a bit shocked about how calmly you guys talk about sex offenders.

[lrcastillo99]

I must be honest.. i'm reading this and a bit shocked about how calmly you guys talk about sex offenders.

Not all sex offenders are of the same risks. Some are there for "Romeo and Juliet" cases where an 18 yr old and a 17 yr old got caught up in the system. That's not the same as someone in their 30s, 40s who are victimizing children. That's why the law makes a distinction between Tiers I, II, and III. I know of someone who's first offense was for pissing on the side of the freeway and now has to register.

[bandk]

I must be honest.. i'm reading this and a bit shocked about how calmly you guys talk about sex offenders.

The issue here is that the process is punishing their spouses from my understanding. If they elected to be with them and already living with them,
stopping their immigration process only causes more sadness and drama.

[NuclearPenguin]

The issue here is that the process is punishing their spouses from my understanding. If they elected to be with them and already living with them,
stopping their immigration process only causes more sadness and drama.

That I agree. I don't think their relatives must suffer consequences of their actions.

[Jojo88]

Same case! Any help is Welcome

Not all sex offenders are of the same risks. Some are there for "Romeo and Juliet" cases where an 18 yr old and a 17 yr old got caught up in the system. That's not the same as someone in their 30s, 40s who are victimizing children. That's why the law makes a distinction between Tiers I, II, and III. I know of someone who's first offense was for pissing on the side of the freeway and now has to register.

This is exactly my case. My AOS is pending and I had my Biometrics done two weekes ago. Last week I requested an expedite EAD due to job offer. Instead my Husband received a appointment letter Requesting him to complete Biometrics since he registrered as a sex offender. He was convincted when he was 16 years old and the girl 15. He was a juvenile and most of all it was a big misunderstanding. But anyway it was 21 years ago! Now he is under AWA act. I have read a lot and of course the more I read the more I want to cry. What will happens after his biometrics? I feel devasted because it is more than unfair in our case and if the law is narrowly interpretated than we might suffer from it. Please anyboby in NY/NJ area with the same issues DM me or let me know the outcomes of your cases. This is some additional stress and it is hard to face by myself.

Thank you

[angel_x]

This is exactly my case. My AOS is pending and I had my Biometrics done two weekes ago. Last week I requested an expedite EAD due to job offer. Instead my Husband received a appointment letter Requesting him to complete Biometrics since he registrered as a sex offender. He was convincted when he was 16 years old and the girl 15. He was a juvenile and most of all it was a big misunderstanding. But anyway it was 21 years ago! Now he is under AWA act. I have read a lot and of course the more I read the more I want to cry. What will happens after his biometrics? I feel devasted because it is more than unfair in our case and if the law is narrowly interpretated than we might suffer from it. Please anyboby in NY/NJ area with the same issues DM me or let me know the outcomes of your cases. This is some additional stress and it is hard to face by myself.

Thank you

Anyone has any new updates or success stories to share?

[angel_x]

Anyone has new updates or success stories to share?