USCIS... DENIALS ARE GOING TO HAPPEN...

[s.o. 0]

if you are a sex-offender and you are convicted and you apply for a K1 visa the USCIS will deny you! the Adam Walsh Act is clear that you are excluded unless you can prove that you are NOt a threat to your fiancee'! i hope that you can satisfy them if you apply...

any ideas?

is anyone interested in bringing a lawsuit against USCIS for this issue?

[Hell0W0rld 10]

if you break the law you should loose some rights... good luck suing the American Government

[Hell0W0rld 10]

it's hard to feel pity for sex offenders, these are adults that should know right from wrong but decide to choose the wrong way..

[NVC FAN :( 18]

hell no ! i applaud the goverment. wish they would tighten the restrictions on passports to sex offenders. then they would not be able to travel to other countries at all

[brightskte 18]

Some people just don't deserve the same rights as the rest of us.

[sjr09 155]

if you are a sex-offender and you are convicted and you apply for a K1 visa the USCIS will deny you! the Adam Walsh Act is clear that you are excluded unless you can prove that you are NOt a threat to your fiancee'! i hope that you can satisfy them if you apply...

any ideas?

is anyone interested in bringing a lawsuit against USCIS for this issue?

Any Ideas?

Yeah, if you or your sex offender friend(s) don't like the law, tuff shi*!

[Krikit 1,164]

Some people have a simplified view of a sex offender. That is why they cannot post without being offensive. However, this thread is not asking for your judgements on an individual's case which you know nothing about. It is asking if anyone is interested in taking legal action. Please refrain from personal attacks and derogatory comments or administrative action will be taken.

Moving this thread from K-1 Process to IMBRA Special Topics, where the Adam Walsh section resides.

Edited February 3, 2010 by Krikit

[payxibka 10,045]

if you are a sex-offender and you are convicted and you apply for a K1 visa the USCIS will deny you! the Adam Walsh Act is clear that you are excluded unless you can prove that you are NOt a threat to your fiancee'! i hope that you can satisfy them if you apply...

any ideas?

is anyone interested in bringing a lawsuit against USCIS for this issue?

The USCIS is simply following a law (Adam Walsh Act) that was passed by Congress and signed by the President... The USCIS would not be the appropriate party to sue here but the US government.

Adam Walsh Act is well known and has been effective for several years now (2006?). If it was something unconstitutional, I would have thought the ACLU would have been after this already.

So, no I am not interested in bringing a lawsuit... good luck

Edited February 3, 2010 by payxibka

[baron555 934]

if you are a sex-offender and you are convicted and you apply for a K1 visa the USCIS will deny you! the Adam Walsh Act is clear that you are excluded unless you can prove that you are NOt a threat to your fiancee'! i hope that you can satisfy them if you apply...

any ideas?

is anyone interested in bringing a lawsuit against USCIS for this issue?

Sex Offender also means you are not going to be a threat to any children that the family may have, not just the fiance(e).

[spectheintro 18]

Honestly, this is the wrong place to try to find people for this. Contact your local ACLU rep and see what they say.

The problem isn't the Adam Walsh act, it's the definition of "sex offender." WILDLY varying things can land you on that list, and unfortunately once you're on it you're subject to a whole host of laws designed to deal with the worst of the batch. Your only hope is not to attack Adam Walsh but to get the government to more carefully classify sexual offenders. An 18 year-old kid who has sex with their 17 year-old significant other can be put on the same list as a convicted rapist. That's the real issue. I don't think anyone, anywhere, is going to be comfortable with allowing honest-to-goodness sexual predators to request visas for their spouses/significant others under ANY circumstances.

[kalia3333 1]

Sex offenders should not have equal rights, just my opinion!

[A and T 82]

The USCIS is simply following a law (Adam Walsh Act) that was passed by Congress and signed by the President... The USCIS would not be the appropriate party to sue here but the US government.

Adam Walsh Act is well known and has been effective for several years now (2006?). If it was something unconstitutional, I would have thought the ACLU would have been after this already.

So, no I am not interested in bringing a lawsuit... good luck

It is unconstitutional, because the law passed in 2006, effects everyone who was tried from 2006 back, this is called ex post facto.

Article I , section 9 of the US constituion

No bill of attainder or ex post facto Law shall be passed.

"

But was passed anyway, this means all judges that are sworn in , that raise their hand and swear to follow the constitiuion, are clearly not following it and should be removed.

As they are up holding an ex post facto law.

Sex offenders should not have equal rights, just my opinion!

Everyone from ghana is a scammer! just my opinion!

[payxibka 10,045]

It is unconstitutional, because the law passed in 2006, effects everyone who was tried from 2006 back, this is called ex post facto.

Article I , section 9 of the US constituion

No bill of attainder or ex post facto Law shall be passed.

"

But was passed anyway, this means all judges that are sworn in , that raise their hand and swear to follow the constitiuion, are clearly not following it and should be removed.

As they are up holding an ex post facto law.

The Supreme Court may disagree with you.

However, not all laws with ex post facto effects have been found to be unconstitutional. One current U.S. law that has an ex post facto effect is the Adam Walsh Child Protection and Safety Act of 2006. This law, which imposes new registration requirements on convicted sex offenders, gives the United States Attorney General the authority to apply the law retroactively. The U.S. Supreme Court ruled in Smith v. Doe (2003) that forcing sex offenders to register their whereabouts at regular intervals and the posting of personal information about them on the Internet does not violate the constitutional prohibition against ex post facto laws, because compulsory registration of offenders who completed their sentences before new laws requiring compliance went into effect does not constitute any kind of punishment.

[Darnell 8,478]

if you are a sex-offender and you are convicted and you apply for a K1 visa the USCIS will deny you! the Adam Walsh Act is clear that you are excluded unless you can prove that you are NOt a threat to your fiancee'! i hope that you can satisfy them if you apply...

any ideas?

is anyone interested in bringing a lawsuit against USCIS for this issue?

Personally, I wouldn't want a convicted sex offender to have the same rights that I do. But - I'm not gonna make this personal.

There are several things one (ie - a convicted sex offender) can do to PREPARE documentation to INCLUDE in the petition for INITIAL submittal and subsequent WAIVER application. You may or may not have a 'chance' for petition approval, visa approval. Too many variables, IMO.

You might want to focus on those things, for a bit, ah?

[Krikit 1,164]

Post containing TOS violation has been removed and administrative action taken.