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Can Green Card be granted is Sex Offender Spouse petitioned for immigrant wife before the Adam Walsh Act was passed?

Miami, FL |

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?

Attorney Answers 5


If the question is general, no. If you need case specific analysis to see if you fall into one of the exceptions, you should definitely reach out to a competent immigration attorney in Florida for immediate and thorough consultation.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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I think you know that ... it is time to hire a lawyer to help your mom.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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There are some exceptions. Please have an attorney do a complete evaluation.

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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
Suite 101
Jacksonville, Florida 32216
904 296-7702

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Generally speaking, the Adam Walsh Act applies to all petitions regardless of when they were filed. As my colleagues have advise you, your mom needs to consult with an experienced migration attorney.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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