Is the adam walsh act as it relates to immigration unconstitutional?

Asked 3 months ago - Atlanta, GA

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The adam walsh act amends INA and prevents us citizens convicted of a specified offense against a minor from filing a petition for any beneficiary- even an adult consenting spouse unless the dept of homeland security grants what is essentially a waiver if they determine that the us citizen petitioner poses no risk to the spouse.In the event the waiver isnt granted the immigrating spouse has to leave the country. More than likely the us citizen will be barred from immigrating to the spouses home country due to the offense. This will in essence force an end to the traditional marriage i.e cohabiting. Isnt this a violation of the us citizens 14th amendment right? What if there are minor us citizen children involved? Isnt having a two parent family a privilege that would be abridged?

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Attorney answers (4)

  1. Pro

    Contributor Level 20

    8

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    Answered February 13, 2013 12:50. Apparently not. Until someone actually challenges it in court , we will never know.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Contributor Level 18

    7

    Lawyers agree

    Answered February 13, 2013 12:56. it was enacted and is being followed and unless a recognized and authorized body says it is unconstitutional, that's what we have

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  3. Contributor Level 19

    5

    Lawyers agree

    Answered February 13, 2013 13:01. Until a court says otherwise, no.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  4. Contributor Level 20

    3

    Lawyers agree

    Answered February 13, 2013 13:03. No court has ruled it to be unconstitutional.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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