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

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?

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Filed under: Immigration
Attorney answers 4

Posted

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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

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.

Posted

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, Suite 707 San Francisco, CA 94104

Posted

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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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