Please, what did you send to USCIS, please when was that conviction? (hope you don't mind) we are starting to refile, one of the lawyer said if recent conviction might be impossible but if long time ago and since then no more trouble, more chance to get approved. Thank you if you can share any experience or information. stressful !!
Hi guys! This is my first time posting online. I hope someone can help me with advice. My husband and I have been married for 5 years. We have 2 kids. My husband is a sex offender. When he was 20, he dated a 15 year-old girl, his ex-girlfriend reported about those relationship and he got a conviction.
So, we got married in September 2007. He filed a petition I-130 for me right a way. USCIS requested some information, we provided them with everything they asked for. We were denied based on Adam Walsh Act in September 2009. At that point, we hired an attorney to appeal the case. In July 2011, BIA sent the case back to Milwaukee office for a new decision to be made by the field director. After that, in August 2011, our attorney submitted a brief to USCIS as a reply to BIA's decision. In November 2011, we went to the InfoPass appointment to ask about our case status, as we have not heard anything from Milwaukee office after BIA's decision. They said wait 90 days. In February, our attorney sent a letter about the case status, they said to wait 60 days. In May, the letter was sent out again, the respond was to simply wait without any clue how long. In June of this year, 2012, we finally found an attorney who specializes in Adam Walsh Act cases, and he submitted Adam Walsh waiver for us. Then, 3 months later, he sent a letter to Milwaukee office asking about a case status again, but there was no answer from them.
We have been fighting for the petition more than 5 years already. We simply want them to make a decision. If they deny us again, then we will do something back. So, we are thinking about filing a Writ of Mandamus, and if they deny us, we will file an administrative procedure act.
Do you think this is the right pass? or should we wait even longer?
Our present attorney is from NY. Should we look for someone locally to file the Mandamus, since it might get very expensive if he needs to fly to WI and spend a day here?
I just want someone who knows something about this law to give me his or her opinion.
Thank you in advance
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