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: email@example.com; 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.
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.
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
Jacksonville, Florida 32216
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.