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ACSOL’s Online EPIC Conference: Empowered People Inspiring Change Sept 17-18, 2021

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.

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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.

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.

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

This is about the AWA and immigration not Trump

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.

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.

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.

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”

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.

Your only hope might be to find another country to call home altogether.

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… Read more »

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… Read more »

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… Read more »

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?

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.

@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.

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.

@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!).

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.

@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.

@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… Read more »

@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.

@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

@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.

Lawyer collected passport photos & pics of our short time together passports numbers airline tickets to file k-129f Fiancé Visa

My Lawyer is submitting K-129f Visa this month, I pray for a favorable outcome & adjudication is based on its merits & grant is a Fiancé Visa approval

So far the lawyer collected all the docs needed ;
Passports
Photos of our meeting
Receipts hotel etc
Letter in intent to marry in 90 days from her
Passport pics
Lawyer filing K-129f this month

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

Does it really matter if it got expunged or not?

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

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.

My conviction was in 2004
Arrested in 1999
Are there any cases with successfl
Outcomes resuming in Fiancé Visa approvals??

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… Read more »

Expunged yes
Attempt to have The charges reduced not yet

I retained an immigration attorney he’s filing I-129f
Lawyer says we may have a chance, I’m hopeful he’s successful with my AWA case
My fiancé & I are so much in love and want to be married

If you have an sex offence against you , USCIS will deny you. I already went through this. When we filed the 129f it took over 3 years just to get them to answer my petition. Then they wanted more info. They will want you to prove that you are not a threat to your lady. Impossible to do. Since 2011 USCIS has only approved about 4 petitions. All others automatically denied. Their policy is to DENY ALL petitions from sex offenders. It does not matter if you have a lawyer or not. Sorry to tell you this

You will probably be denied. I have a wife in Kenya that was denied even though I went over and married her over 4 years ago. However, I do have a suggestion:

First check out this site for passport compatibility with hers: https://www.passportindex.org/comparebyPassport.php?p1=us&p2=th&fl=&s=yes

You will see that she can travel to Hong Kong and get a visa on arrival. So can you. It is also listed as an okay place for S.O. to travel on http://registranttag.org/resources/travel-matrix/

Good luck.

Can someone provide me a link or citation to the USCIS statistic cited in the post (4000 families). I am currently writing a brief for a case and would like to cite to that number if I can find the source document referenced.

Myself and my husband got married, to cut story short, I did my finger prints, I received my green card interview letter for 2/26/18, got another letter interview on 2/21/18canceled due to unforseen circumstances.
Husband got letter 2/21/18.
Memorandum, from Adam Walsh to uscis, stating he should go for finger prints( biometrics) in order to determine the applicability of the AWA. , I have bn crying all day please did anyone know what’s happening. Please help me and what should we do, we both leave together.

Yes, one of the worst things about the Adam Walsh Act is that it says that no spouse of a registered sex offender is permitted to come to the United States. This has split up many marriages. However, you do have one advantage over many of us who have our wife or husband outside the U.S., and that advantage is that you are already both in the U.S. My guess is that they want to know if the AWA rule applied to you when you first came to the U.S. Make sure that your immigration attorney is fully aware of… Read more »

I went through this after I filed an I-130 Petition for Alien Relative so my husband could get his green card. We had an immigration attorney, but I did not know about the AWA implications for immigration, so we had not discussed my criminal offenses with him. About 18 months after our initial filing of the I-130 and I-485 et. al., and after two canceled and rescheduled interview appointments, CIS sent me a “REQUEST FOR EVIDENCE AND NOTICE OF INTENT TO DENY” my I-130 petition because of my AWA-applicable offenses. It was not a form letter. It was highly specific… Read more »

CR This is an amazing story…I am happy for you but remain doubtful as to others being able to follow your path. You certainly pushed all the right buttons and handled this extremely well…with fortitude and patience. I am not quite sure why I feel this way…I also sense that you had the very good luck to have had a very sympathetic Consular officer and an excellent attorney, who, in turn had an excellent client, (you) I suppose my problem is that I have never seen this be successful. And yet you seem to have laid out a map on… Read more »

I feel more than likely your case had something to do with “Same Sex Marriage” that are coursing through every aspect of america right now. Please do not take me wrong. Even though I do not condone same sex relationships, I also do not Judge others. Your case would have undoubtedly unleashed the fill fury of the ACLU and any other agency that wanted the chance to take a big wet hunk out of Uncle Sams arse. Albeit congratulations on winning your case with minor ease. The fact is that if a RSO or URSO pose a threat to a… Read more »

May i know who was the lawyer you worked with. Got the NOID yesterday and we don’t have any lawyer.

It sounds like our case is like identical, my interview was suppose to be 2/26/18, received a letter it’s bn canceled on 2/21/18 with my husband should go for finger print too. He has done his finger print, I hope all comes back fine. Please stay I touch so I will know what d result is nd I want to know yours too, cos we are both of the same situation. Tnks.

With Trumps new denaturalization task force, does anyone know if immigration officials can revoke my wife’s citizenship even though it was granted around the time the AWA went into effect?

From what I have read, the AWA guidelines can be applied retroactively

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