The Law Offices of Nicklaus Misiti Obtains Another Adam Walsh Act Waiver
Client married a Chinese national but was convicted of a specified offense against a minor and the Law Offices of Nicklaus Misiti successfully argued client was not a threat to his spouse and procure her lawful resident status.
Under the Adam Walsh Act a person convicted of certain offenses against a minor is prohibited from petitioning to bring any non-citizen family member or spouse to the US. Such individuals are not only prohibited from petitioning for a minor child but they are also prohibited from petitioning for any adult beneficiary, such as a spouse, fiancé, parent, unmarried son or daughter over 21, an orphan, a married son or daughter, a brother or sister, and/or any derivative beneficiary.
Effectively the Adam Walsh Act prohibits US citizens and LPR’s convicted of various crimes against a minor from filing for any family member without first obtaining a waiver from the Department of Homeland Security (“DHS”). Moreover, Adam Walsh Waivers are extremely difficult to obtain. The decision to waive such a conviction is left to DHS, who has “sole unreviewable discretion” to grant or deny an Adam Walsh Act Waiver. “Sole unreviewable discretion” means DHS has ultimate power in these decisions, there is not an appeal process, and there is not a complaint or review process. Such a decision is left completely up to the person reviewing the request and they can deny any application for any reason. In fact they do not even need to provide a reason.
The client hired the Law Offices of Nicklaus Misiti in August of 2010 and we immediately went to work. We had the client and his spouse draft affidavits attesting that he was not a threat to her. We had him go to a licensed psychiatrist who interviewed him and drafted a report concluding he was not a threat. We obtained court documents and documents’ showing the client was rehabilitated and had changed his life since his arrest. There were a number of other crucial documents we obtained and provided to aid DHS’s decision. Finally we drafted an attorney affidavit and cover letter arguing all of the points for the Adam Walsh Act Waiver.
We began the process in August of 2010, submitted the application in November, 2010 and received the approval of the waiver in March of 2011. The client than elected consular processing and received their green card and admittance to the US in September of 2011.
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Our firm can help you at any stage of your Adam Walsh Waiver Request. Whether you are beginning your application, have received a Notice of Intent to deny or have been denied and would like to refile or appeal.
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Nicklaus Misiti is Chief Attorney and C.E.O. of the Law Offices of Nicklaus Misiti. The Law Offices of Nicklaus Misiti handles all types of Immigration matters and has a specific practice area dedicated solely to criminal immigration and Adam Walsh immigration issues. Our Firm has helped many clients across the country obtain Adam Walsh Act Waivers and, as of the date of this article, we have had a very high success rate with such Waiver requests*.
For a confidential telephonic case evaluation you can contact us at (212) 537 4407 or fill out the contact form on our website www.misitiglobal.com.
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