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Q4: 11/18 by phone [details]

General News

US Department of Homeland Security’s Malicious Immigration Policy Has Destroyed at least 4000 Families Since 2011

Submitted by “Robert” – By the agency’s own statistics, the number of denied Adam Walsh Act family petitions will surpass 4000 by 2017. This is a staggering number of families decimated by USCIS for no apparent reason. Each of these cases highlights the stories of immigrant families and US citizens who struggle for years to cope with the heartbreaking effects of our country’s broken immigration system. USCIS’s malicious AWA policy serves no rational purpose and undermines the goals of family unity.

For years after its enactment, the USCIS has either outright denied or intentionally stalled thousands of family petitions that it determined to fall within its own AWA policy. By 2011, after several years of long delays, the USCIS denied virtually all AWA applications held at the agency for review since 2008. The agency reports that it receives 400-600 AWA application per year and boosts that it has denied 99% of all AWA family petitions received.

FightAWA.org is now organized to fight this unconstitutional program by the US government that is intentionally destroying thousands of families.

Please help us get the word out to those who have an Adam Walsh Act immigration case pending or a denied petition for their spouse or fiancée to contact our website so we can mobilize and fight this unconstitutional and destructive program.

The discussion paper highlighting this US government policy is posted on our website:

https://fightawa.org/adam-walsh-child-protection-and-safety-act-of-2006

About fightawa.org:

The mission of FightAWA.org is to bring an end to the Adam Walsh Act, a law that unconstitutionally prevents two adults in a loving relationship from being together. Additionally, we wish to put an end to the practice of denying a green card to a resident spouse already married in the US, thereby keeping them “captive” and unable to visit their families in their country. This creates incredible hardship on the family! We intend to fight to bring an end to the heartache brought on by the Adam Walsh Act and protect the rights of citizens worldwide.

Join the discussion

  1. Chris

    My family was forced out of the country because of this. After several years of fighting and appealing the final denial letter was issued to us.

    • anonymously

      I noticed a case of relevancy, which is the SCOTUS deciding whether undocumented registrants can be deported. It looks like good plaintiffs for the case,a Romeo and Juliet case where a 20 year old guy with his 16 year old girlfriend. it’s one of the 5 cases the SCOTUS will be looking at, along with transgendered bathroom rights, and Packingham.

  2. Rick

    Believe me, it’s about to get worse. Don’t be afraid, just know it’s coming, mein führer trump!

  3. Rick

    It shouldn’t be a surprise, homeland security is the home and employer of America’s Nazis. It’s entire basis is distrust of all Americans, like the gestapo of Germany. You know, as a historian, the term history repeats itself is extremely applicable to this country, it just goes from one corrupt ideology to the next. When this stolen nation dies, it will be a relief.

  4. Robert

    The SCOTUS case is not relevant to the AWA family petition cases.
    As the discussion paper highlights – DHS is deporting non-citizens for someone else’s (their petitioner’s) criminal conviction under AWA and not for any criminal conviction of their own. It is hard to get one’s head around that one – a person deported for someone else’s criminal conviction.
    The SCOTUS case is about someone with their own criminal conviction.

  5. American Detained in America

    I’m keeping an eye on this because my wife is an immigrant who was granted permanent residency over a year before she and I met. She has never bothered to become a citizen, and now because of this, she’s concerned they may decide to take action and deport her because of my conviction. Because of AWA and other things, she’s working on getting her citizenship finally, hopefully they don’t use my conviction against her there either.

  6. MS

    Breaking up families is horrible…unless the headline reads something like this:

    “US DEPARTMENT OF JUSTICE’S MALICIOUS SEX OFFENDER REGISTRY HAS DESTROYED AT LEAST 4000 FAMILIES SINCE 2015”

  7. E

    This is affecting me more than anything else right now. My wife and I have been separated for 4 years because of this and we don’t know what to do. As bad as all the other restrictions are, this one is affecting us the most because it’s not just about me. Now with IML I don’t even know if I’ll be able to go see her again. It’s a horrible never ending nightmare.

  8. PIA

    This is TYPICAL of the LAME US GOVERNMENT, they DO NOT CARE ABOUT citizens its ALL About COLLECTING DATA and they DONT CARE who they screw over (including other countries) Watch the movie by oliver stone SNOWDEN, The US Government does ANYTHING it can and will ILLEGALLY !!! They dont care as no one is ABOVE them, It will take time but in the end im sure people of the US will REVOLT as in civil unrest, I guess for some reason it takes US longer to get the clue compared to like france, Slowly look at the cops shooting innocent people here, small protests, trump protests (that is kinda dumb it isnt gunna make any change trump is still president in ’17 (and no this isnt a political view for or against him that protest does nothing) but stuff is starting to show… US Government needs to be put back in its place like 40-50 yrs ago when citizens DID count now they are just 1 big evil machine and their spying and illegal stuff like the FISA act.

  9. MikeC

    It’s hard to understand the irrationality of this law. My situation: I’m from California and I was convicted of one count of a 261.5(c). That’s unlawful sex with a minor.

    I married my wife January of 2016, and she’s from another country. I never even knew about the AWA nor its implications on her getting a green card.

    I was open about my crime from the very beginning with my wife. I’ve never lied or tried to give her an impression that I’m a victim. I made a mistake. I am doing my best to move forward and start a new life.

    Things were going great. We live together and, she goes to University here so she has a visa and isn’t going anywhere soon. The green card would help though for work and of course allow her to stay with me in the future

    But, I have to prove I’m not a risk to my ADULT WIFE. Risk? We live together! For a year! Wouldn’t the fact that I’m currently married to an adult alleviate risk? I guess they’re more comfortable with a single male.

    My wife is heart broken and cries literally at random. I am broken inside and I am lost. I am currently seeking an AWA waiver and paid extensive attorney fees, but from what I read it’s practically impossible to achieve success.

    So here I am, by all accounts rehabilitated. If I wasn’t, then I definitely wouldn’t be married to an adult. But they want to take that away from me. They want me to lose my wife. To protect her.

    So let’s recap: I regrettably had sex with a minor. I married an adult. Now I have to prove I’m not a risk to my ADULT WIFE. Yet, they allowed me to marry my wife in the first place, which kind of makes the whole thing redundant. If I were a risk why allow me to marry her? Let me guess, I’d be less of a risk if I were single looking for a date? Ah, okay.

    Ridiculous.

  10. Adrian H

    I was convicted of lewd & 288c lewd & lascivious act with a minor (16) her age of victim was the daughter of my live in girlfriend.
    I am RSO the arrest occurred in 2004.
    I’m considered lo-risk or Tier-1 I took plea of no contest resulted in Sex offense counseling successfully completed after 1 year, no jail only work release and 5 yrs probation completed.
    I met a beautiful woman onlijne 6 months ago, last week I traveled to Thailand to meet her immigration was waiting and deported me fortunately my girlfriend from Thailand was able to get a few pics of us together.
    I retained immigration attorney to begin K-129 fiancé Visa no minor children are involved and due to OB GYN issues make her unable to have babies.
    Does my case have a good chance to get fiancé Visa approval?
    So much tears & pain both of us are suffering we want to marry & start new lives together

    • PK

      I too would like to know about he status of this situation.

      I read somewhere that there is a Case going on, regarding this facet of the AWA.

      Has there been any movement at all regarding this issue? What type of case has been filed with respect to this situation?

      • Biol57

        My wife and I have a case pending in the 9th Circuit challenging the AWA act provisions that impact immigration. Our challenge alleges both constitutional and administrative violations. The case is scheduled for oral argument during the first week of this December.

        • Robert

          @Biol57
          I would be very interested in reading your challenge if possible. We have not been able to get a civil rights challenge filed on this destructive policy yet. Godspeed to you, your family and your attorney.

          • Biol57

            I’d be happy to send you a copy of our complaint and the Government’s briefs. Please email me at celtkin (at) gmail.com.

            • AJ

              @Biol57:
              I’d be interested in the docs, too. Would you be willing to post them anonymously at https://gofile.io? You can put an expiration date on it so it goes away, or even manually pull it down at any time (as long as you keep the key!).

              • Biol57

                I’d prefer to know who has copies so that they don’t get released to the public. I just don’t want these posted for public consumption.

        • TS

          @Biol57

          Did you challenge on Substantive Due Process grounds?

          Wish you the best of luck in your case for you and the others who will be positively impacted by it when you win.

          • Biol57

            @TS,

            Thank you for your kind thoughts.

            Yes we did. In the case below, we argued several things including Ex Post Facto, Due Process, APA violations and others. Because the Ninth had already dismissed an ex post facto challenge to the AWA immigrations provisions in a memorandum (Reynolds v. Jeh Johnson; 12-55675) we did not raise that issue again on appeal, though I now think now it would have more traction due to recent federal decisions, including the Does v. Snyder decision from the Sixth Circuit.

            In this appeal, we focus on the “beyond a reasonable doubt” standard that the USCIS is using for their standard of proof. We believe that standard is reserved for criminal cases and was not authorized by statute for the AWA. We also argue that it is essentially futile to file for a waiver of the AWA because it is virtually impossible to prove that a sponsor does not pose a risk to his adult spouse beyond a reasonable doubt.

            I was hoping to be able to raise the recidivism issue and challenge that the law was even necessary due to an already small risk posed by registrants but if this goes to SCOTUS, hopefully, there will be Amicus briefs filed on our behalf that raise the issue.

            • PK

              @Biol57
              I would be interested in hearing more about this as well.

              “9th Circuit challenging the AWA act provisions that impact immigration. Our challenge alleges both constitutional and administrative violations.”

              I am married to someone in Mexico, and we haven’t yet tried to go through the Immigration Process. However, this is something that is in our long-term plans.

              I’m not clear if this 9th Circuit Challenge to the AWA is in the Appeals Stage or how far you are willing to go with this issue.

              • Biol57

                @PK

                We are appealing a decision from the Eastern Washington Federal District Court. The appeal is in the Ninth Circuit Court of Appeals now. If we are successful, as I pray we will be, the case will affect people in the states covered in the 9th Circuit (Alaska, Hawaii, California, Washington, Oregon, Montana, Nevada and Arizona

            • AJ

              @Biol57:
              Yeah, if it’s civil laws, it should only be preponderance of the evidence. I would also review the CO case (Millard), as the judge mentioned how the State was placing the burden of proof on the RC, and requiring him to prove a negative.

    • Mr. D

      @Adrian H – have you attempted to have your 280 8C reduced dismissed expunged

      • Ray

        Does it really matter if it got expunged or not?

        • PK

          I don’t think having your record exchpunged should have any impact on this issue.

        • Biol57

          If there is a conviction for a qualifying offense, you will have problems getting a waiver. If the charges were dismissed or the conviction is set aside, USCIS is not supposed to consider that case.

    • Lake County

      Adrian H
      I’m not sure why not having minor children involved due to OB GYN issues causing her to be unable to have babies would help your situation. Traveling to Thailand to meet her was definitely a bad idea since now you are marked as being denied by boarder agents. The U.S. and Thailand will always assume an American registrant is traveling for sex tourism with minors. And you are not eligible to sponsor anyone to enter the U.S. either. You will likely face an uphill battle. I wouldn’t waste too much money on fighting this unless you have a very exceptional attorney in Thailand with a proven success rate.

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