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

Asked over 1 year ago - Atlanta, GA

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?

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    9

    Lawyers agree

    1

    Answered . 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. Irene Vaisman

    Contributor Level 20

    8

    Lawyers agree

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    Answered . 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. Samuel Patrick Ouya Maina

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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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