The law gives DHS the discretion to waive the criminal bar under the Act, if the petitioner proves, beyond a reasonable doubt, that he poses no risk to the beneficiary.
There are several problems with the Act. To be clear, I do not condone sexual assault on anyone. However, I have represented many US citizens who have truly reformed. They, themselves, had nothing to do with their past, and were subjected to abuse at a young age. They have reformed and they are leading better lives when they come see me. The law precludes these citizens from applying for their spouses, a right that they should have. The law also limits the petitioner’s right to challenge the Service’s discretion and elevates the burden of proof to beyond a reasonable doubt, the level of proof required in criminal cases. AILA has recently filed an amicus brief in a challenge to the law. I look forward to the decision on the case.
- BIA Issues Three Decisions Dealing with the Adam Walsh Act
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- K Visas
- Removal of Conditions on Residence (I-751)
- Ninth Circuit Reminds Us All that Adjustment of Status is Discretionary