need your advice

[dalle1958 0]

i am new to this site,i really need your advice, newly wedd and my husband have some bad memories in the past,he was in jail for case of sexual assault though he already finish his sentence. i was worried it might be a problem for the visa application since he is the one who petition.thank u for all your advice it would be highly appreciated..

[Dean_De 61]

i am new to this site,i really need your advice, newly wedd and my husband have some bad memories in the past,he was in jail for case of sexual assault though he already finish his sentence. i was worried it might be a problem for the visa application since he is the one who petition.thank u for all your advice it would be highly appreciated..

What kind of sexual assault and when did it happen?

[Leatherneck 693]

i am new to this site,i really need your advice, newly wedd and my husband have some bad memories in the past,he was in jail for case of sexual assault though he already finish his sentence. i was worried it might be a problem for the visa application since he is the one who petition.thank u for all your advice it would be highly appreciated..

Sexual assault is a very broad term that covers many forms, including attacks such as rape or attempted rape, as well as any unwanted sexual contact or threats.

In his/your case, it is probably best to consult with a lawyer.

Edited October 22, 2011 by Leatherneck

[TeapotGirl 66]

How long has it been, was it a repeated issue?

I am more worried about you than the immigration process. People who have issues do not change just because they have already served their sentence.

[pushbrk 13,729]

i am new to this site,i really need your advice, newly wedd and my husband have some bad memories in the past,he was in jail for case of sexual assault though he already finish his sentence. i was worried it might be a problem for the visa application since he is the one who petition.thank u for all your advice it would be highly appreciated..

What your husband needs to know is whether his conviction was for a crime that falls under the "Adam Walsh Act" which would be any sexual crimes against a child. If it does, yes, there will be a BIG problem with getting a petition approved. Here is a link to information.

http://www.uscis.gov/USCIS/Laws/Memoranda/2011/April/supp-guidance-adam-walsh-actpdf.pdf

In short, if the sexual assault victim was an adult at the time, there may only be a short delay in adjudication. If the victim was not an adult, you're in for a very hard road with no assurance of ever succeeding.

[Dean_De 61]

Like what other VJ said...if the conviction was of Adam Walsh, BIG problem is sure to arise. The Adam Walsh Act is something that should be considered. The Act limits the rights of citizens or permanent residents to petition relatives to the U.S. if the petitioner has a listed child sex abuse conviction. If that is the case, the petition cannot be approved unless it is determined that there is no risk of harm to the beneficiary or derivative beneficiary.

There are provisions of the Adam Walsh Act that certainly could impact his petition. For example, where a child was involved. I would suggest that you contact an immigration lawyer with the particulars of the sexual assault charge