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

Asked over 1 year ago - 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)

  1. Alexander Joseph Segal

    Contributor Level 20

    13

    Lawyers agree

    Answered . 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 www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Shahzad Ahmed

    Contributor Level 14

    10

    Lawyers agree

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

  3. F. J. Capriotti III

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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... more
  4. Kyndra L. Mulder

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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
    immigration@mulderlawoffice.com

  5. Jeffrey Adam Devore

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more

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