My mom has a second Green Card interview coming up in 1 week, she had her first interview 5 years ago her husband couldn't go with her because he was incarcerated. he's still in jail now he's doing 9yrs for failure to register in Florida he's can't go to the 2nd interview either.
he was charged with "SEX OFFENSE, (INDECENT LIBERTY WITH A MINOR)" in the state of North Carolina.
At the first interview she wasnt denied or granted a green card they told her they needed more information about his police records and he interviewer said because of the Adam Walsh Act he couldn't sponsor her.
I want to know since my mom first filed in May 2006 before the Adam Walsh Act was passed in July 2006, doesnt that make her husband legally legible to file for her?
My office currently has a case that was remanded back to the USCIS by the BIA on this issue. The government has asked for reconsideration by the BIA.
The Adam Walsh Act is specifically geared to protecting minors. The argument is that immigration goes to far in that the government requires an impossible standard to prove that a convicted sex offender is not a danger to an adult and there are no children involved.
Yes they will more likely than not apply the Adam Walsh Act to your mother's case.
Kyndra L Mulder, Esquire
4110 Southpoint Boulevard
Jacksonville, Florida 32216
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