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Third Circuit Upholds Denial of Registrant’s Right to Sponsor Wife for Citizenship

[ACSOL 7/9/18]

The Third Circuit Court of Appeals upheld a lower court’s ruling that an individual convicted of a sex offense does not have the right to sponsor his foreign born wife for citizenship in the United States in a decision published on July 5. The court’s decision was based upon its interpretation of language in the Adam Walsh Act (AWA) which allows the Department of Homeland Security to approve such citizenship only if the individual can prove he poses “no risk” to his spouse.

According to the court’s decision, the language in the AWA is intended to protect children from sexual exploitation and violent crime. Notably, the individual in this case is married to an adult, not a child. In addition, the court ruled that denial of a right to sponsor a foreign born wife for citizenship in the U.S. is not punishment and therefore the AWA can be applied retroactively.

“The Third Circuit Court of Appeals has made a grievous error, an error that destroy families,” stated ACSOL Executive Director Janice Bellucci. “It is difficult, if not impossible, for anyone to prove that he or she does not pose a risk to his or her spouse. Therefore, the net effect is that virtually all individuals convicted of a sex offense have been and will continue to be denied the ability to live in the U.S. with their foreign born spouses.”

A copy of the court’s decision is available using the link below.

BAKRAN v US

 

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let me understand this then, prior to 2006, if a sex offender married a non citizen, and sponsored them for us citizenship and it was granted and they are now a us citizen, can they revoke the citizenship?

I would like to know that same question, have 2 dear friends that have been married for over 16 years and both their spouses are citizens now, of course they did this before the AWA went into effect in 2006. Does any one know. Janice would you know?

That’s insane! Are any other crimes barred from this? Like, oh, I don’t know, spousal abuse?

In a related story, the SCOTUS rules that RSOs can be denied the right to walk on sidewalks or drink water meant for public consumption. Also shopping where children or women of child bearing age might frequent is now a felony.

… as long as there are “separate but equal” opportunities for drinking water or shopping…

@ WTF?: You forgot to mention that we are not allowed out after 9 p.m. or before 6:00 a.m. …. this is merely a civil, administrative precaution. 😡

@David:
we are not allowed out after 9 p.m. or before 6:00 a.m.
—–
Could you expand on this, please? Joking? Still supervised? Something else?

@AJ

@David was dog piling on the punishments in a hypothetical situation by taking it to a Nth degree.

We need to push for some other form of public registry so we can get people from all sides on board for abolishing registries altogether. Could we gather signatures and get a DUI public registry on the ballot? I bet we could find 365,000 signatures. Just contact MADD and they would probably help out.

While I applaud and support your endevour, Most of those people are closet drinkers and alcohol is an accepted vice. I’m sure 75% of the public would be on listed, including most of congress. Unfortunately, We are the whipping boy for the forseeable future. We give people a reason not to hate, but dispise. We are outcasts, lepers, the unclean. Never to see redemption. If public hangings were permitted, we would be the main attraction. For all the good work Janice and people like her do, it is a finger in the dyke. It will only stop for each of… Read more »

“290 air” was not talking about “drinkers”. He/she was talking about people who have committed a heinous crime – DUI. Some of whom have actually murdered people. And not that it matters (since Registries don’t affect it), but the recidivism rate is many multiples that of $EX crimes. There are zero excuses that there are not 100+ other public, national, lifetime Registries. Certainly should be a Gun Offender Registry. Who thinks that people who shoot other people should live near schools?! Be in schools? Who thinks that people who drive drunk should do so near schools?! Why would we ever… Read more »

Below is from https://crashstats.nhtsa.dot.gov/Api/Public/Publication/812450 “In 2016 there were 10,497 people killed in alcohol-impaired driving crashes, an average of 1 alcohol-impaired-driving fatality every 50 minutes.” And: “A total of 1,233 children 14 and younger were killed in motor vehicle traffic crashes in 2016. Of these 1,233 fatalities, 214 children (17%) died in alcohol-impaired-driving crashes. Of these 214 child deaths: ■■ 115 (54%) were occupants of vehicles with drivers who had BACs of .08 g/dL or higher; ■■ 61 (29%) were occupants of other vehicles; ■■ 36 (17%) were nonoccupants (pedestrians, pedalcyclists, or other nonoccupants); and ■■ 2 (<1%) were drivers." Insert… Read more »

I do freelance web design and I was thinking about cresting a registry site to list Megans Law employees, Static-99 psychologists, and anyone else involved in creating and maintaining the registry. It would directly mimic the Megans law website, listing name, address, photo, etc. I am interested in thoughts on this. Would it be counterproductive to our cause by appearing petty (tit-for-tat). Could any good come of it? If I did this, it would be very formal and well-designed, and I would accept public submissions with some sort of document or reference to show the person is somehow involved with… Read more »

Hahahahaha at the registry for Static-99 “psychologists.” Tom Tobin, Karl Hanson, even some of ACSOL’s “experts” would be on that website. Tobin would be a high risk (no quotes) threat to the Constitution, both on “static” and “dynamic” indicators. IDK if Karl Hanson would qualify though, since he isn’t licensed to practice in the United States or California. (No joke… Karl Hanson isn’t a licensed psychologist.) Seriously though, this is a good idea. Maybe include cops who do “compliance checks,” CASOMB-approved “treatment” “doctors,” the particularly bad probation/parole officers, politicians who support Megan’s Law, and the weaselly-types (the category Karl Hanson… Read more »

Google the “idiots registry” a gentleman in washington dc did something like this and the court ruled it was his 1st amendment right to do so

Yep, the guy’s name is Dennis Sobin. I was following his legal case while it was happening. I visit his site fairly often just to see any lovely updates that he has and to give him more “hits”. It is a very rude site though, for sure. But his targets deserve it. I have thought about a public registry for Registry Terrorists for a very long time. Done absolutely nothing for it however! I would like to see a national, public, lifetime Registry for the un-American, criminal, harassing terrorists who support the $ORs. I would love to see it model… Read more »

What about using peodophile.com? Email anonymous@peodophile.com for further contact details. Let’s discuss a plan of action.

@290air, et al A CA DUI/OUI registry (not just alcohol, but anything that could impair a person operating equipment or driving) would work if you could get the signatures for a ballot measure or just get the number of signatures in front of a CA legislator(s) who wants to make a name for themself(ves) when it comes to election time and introduce a bill for it. Just think of the FTRs that could be had for those who don’t follow through when their time comes to visit the registering office in addition to the extra work required to comply by… Read more »

My husband and I ran into the AWA brick wall when, after our marriage, we tried to get his status adjusted so he could get a green card. We were fortunate. He was finally granted his green card (based on I-485 Application to Register Permanent Residence or Adjust Status) but it took three years and four months to get through the process. About halfway through that period, I got a letter from CIS saying that they intended to deny my I-130 petition, but they provided me an opportunity to submit documentary evidence that I felt “may overcome the deficiencies forming… Read more »

Good to hear a success story! Can you provide me the name of your attorney via private message or email? Thank you in advance.

The immigration attorney we used is in Dallas. I’m not sure how to go about giving you his contact info.
This site doesn’t have a private messaging system or a way to send emails.

We live in that area. If you don’t mind sending me the contact info for the attorney my email is baseballspouse@yahoo.com. Blessings!

I emailed you just now via an anonymous emailer, CL. Hopefully it’ll get there without much delay. And good luck to you.

@CR Have not received it yet…hopefully it will be here by tomorrow. Thank you for your efforts to try to get it to me.

CR thank you for sharing your post and congratulations on getting your AWA waiver. I’m just starting the process for my wife, just did my biometrics. The tidbits of info you provided are valuable, so I can get a better understanding of how to overcome this. How did you find your attorney and what made you decide to hire him and keep him hired to help you get the AWA waiver? Much appreciated!

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 »

Incredible! You have WAY more patience than I will ever have. Not to mention tolerance of government and its sheer stupidity. I would have a really hard time not showing them my contempt. That’s why I could never go through the process of expungement. That, and the fact that I would never be eligible. Congratulations!

CR, I can tell from your very detailed and thorough answer to my question your willingness to help me and others who are going through the same situation. I really really really appreciate the even more tidbits of valuable info you shared in your post. I wish you and your partner a happy and blessed marriage! Thank you truly~

@David, thank you. It was really important to our happiness that we succeed, so we were willing to expend every effort toward that end. Once we were made aware of the AWA implications, we believed that we would get only one shot at our goal, and that my husband would be deported if we failed. After building a life together for over two decades, that would have devastated us. Just as it has devastated so many other families. @James, you are welcome, and I thank you for your wishes. Every situation is different, and there is no surefire prescription to… Read more »

Hello sir! You post is very informative! Is it possible i can get in touch with you thru email for more specific questions. I am also in a same-sex marriage. We are so much in stress each day thinking about not getting an AWA waiver. Would you kindly please contact me at leio_neio@yahoo.com.

@Liam, I was happy to share what I did on this forum, but I am reluctant to contact anyone off forum. Even though we are all similarly affected by the AWA, everyone’s situation is unique. The key is to get a good immigration lawyer. A good lawyer should be able to plan a strategy that has the best chance of working for you. When you get a notice of intent to deny letter from CIS about your petition on behalf of your non-US spouse, it may, like mine, state exactly what you need to show in order to be approved.… Read more »

Hello Mr. CR,
Is it possible that you can send me the wordings in your evaluation so my husband and I would know if the evaluation that will be written for him has the rights words like yours? Also,can you send us some of the letters your friends wrote for you so we can have a guide on the wordings they will put in their letters for us? You can omit infos that may expose your privacy. I hope you would continue helping us.
Thank you very much!!!

CR, I am in the same boat. It’s almost been a decade and on our second attempt. Can you please reach out to me. I’d like to know your approach and who you retained for a lawyer. Please help, I am very concerned. My wife currently lives with me here in the US so at least we’re together.

You’ll have to give me a way to contact you, Drew. There is no messaging feature on this site. The process takes a disconcertingly long time. It’s already taken longer for you and your wife than it did for me and my husband, and it seemed like it took forever for us. The waiting gets to you. You can file an official inquiry with CIS after 120 days of no response from your last submission or notice from them, but my lawyer recommended not doing that except as a last resort. I gathered that it could result in further delays.… Read more »

Hey CL, you can contact me at: icomeinpeace(at)sbcglobal(dot)net
Perhaps I can explain to you everything we’ve done and compare.

Could you send me contact info for the lawyer you used I’m also in a same sex marriage and am waiting for my denial letter but would like to have a lawyer prior to receiving that letter my email address is steelshayne@yahoo.com

I’m marry with a registered sex offender we been marry for 10 years we have 3 kids together 2,5 and 7. years ago he petition me and we received the intend of denial letter we provide evidence in 2011 and on saturday we got denial again. we are heartbroken and scared.

I am so sorrry to hear that. USCIS has only approved about 5 petitions out of about 5,000. You proving you are not a threat is impossible. You can keep fighting it but you will be denied again. USCIS has a special unit called the AWA unit. Its for all sex offender petitions and they are all automatically denied. I too went through this for 10 years. Now My wife and my two girls who would be now 11 and 12 are no where to be found. I have not heard from them in over 4 years. And nobody will… Read more »

CR:

Not sure if you will see this since it has been so long since your last post. I am in the beginning stages of this process that I had no idea existed. Hired an attorney…and read all the tough stories. I would be interested in talking about your success if you don’t mind.

I am not sure how to do it here and exchange info…..but if you are open to it..would be awesome. The hill seems very steep…long…and lots of money invested. I don’t care about the money…just the success….thanks in advance…and congratulations….I know that was an awesome day!!

We are being exiled, only we CAN’T leave our country.
This is not going to end well as our numbers grow.

More proof that in registering us, we are no longer considered citizens, no longer have the rights of citizens.

They don’t want us to reproduce and they want to take the children we already have away.

At what point do we call this a war?

At least since 1995. I think it is very important that listed people do a number of things. The first thing is to ensure that the $ORs are even more counterproductive than they naturally are. That means listed people should go out of their way to be around children all of the time, usually anonymously. Fortunately, that occurs just from living a normal life. But personally, I always like to assess random situation and think about how the terrorists who support the $ORs dream that their list keeps anyone safer. At best, their list just moves crimes. The next most… Read more »

Why not argue denial of familial association under the First Amendment.

@CR Unfortunately your email did not come through. We were considering an attorney in San Diego that claims to deal with AWA waivers according to internet searches but would much rather find an attorney closer to home. And I ditto James’ response. Thanks!

I just sent again from Guerrillamail. A test case to my own email worked, so hopefully you get it this time, CL.

I wish you luck on getting an AWA waiver. USCIS has only granted 4 waivers in over 5,000 petitions. They are almost impossible to get. I have tried to get am AWA waiver about 5 years ago. After waiting 3 years for a response I was denied. To this day I have not seen my wife or children or heard from them at all in almost 5 years. My girls will be 12 and 11. USCIS get off on denying our petitions. And they wonder why people hate the asshole government. Illegals have more rights

Sorry about that CL. I’ll come up with another approach. It’ll have to wait until later this evening, but I will get the info to you.

@CR Received and thank you so very much.

@Drew Thank you. I will certainly do so!

Hi CR, my post was actually meant for you but I accidently typed “CL”. I provided my email there, if you can be so kind to respond. Thanks!

@Drew… you probably got an email from me already but now I see you were attempting to get in touch with someone else. Good luck with your attempts and prayers for your success?

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