My husband and i met through work and dated for a year before getting married and this year will mark 2years of marriage. We applied for a greencard but was denied because of my husband's past. I love my husband dearly and he was honest with me from the jump about his past and i chose to still be with him because he is a changed person. He was convicted of sex offender because when he was 17 years old he had sex with a 16year old female who agreed to it and it clear states on the police report. He was convicted a few months BEFORE immigration passed their sex offender rules/guard-lines. But how can that apply to him and yet that happend before the bill was passed and where do we go from now? We want to start a family but our lives are stuck on one place please help.
The same thing you should have done prior to applying - consulting with an immigration attorney. Adam Walsh Act has exceptions. You should have been prepared before applying.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
You should have worked with an immigration attorney to begin with. Since you did not and the application was denied, work with one now to see if there are any exceptions to the AWA for which you may qualify.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
It depends on who is the immigrant. If he is the immigrant, he needs to file for a waiver. If he is the US citizen or permanent resident, you will need to get a waiver under the Adam Walsh Act. In either circumstance, hire an attorney to help. This is not something that you should try on your own.
Please note that this response is for informational purposes only and does not create an attorney-client relationship.
For quite sometime USCIS had not finalized a policy on cases involving sex offenders and many cases with waivers were left hanging for years but you have a final determination. sometimes appealing a decision is a good idea but if you both are willing to pursue it is probably worth a try to refile with appropriate paperwork if it was not done before. Best Wishes!
My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.