Success story: US Citizen with a prior criminal history petitioned for his wife

Success story: US Citizen with a prior criminal history petitioned for his wife

An individual approached our office after her interview for an adjustment of status. She had entered the US with a student visa and married a US Citizen. 

Afterward, she filed an application for adjustment of status within the US. After her interview, she received a Request for Evidence (RFE) based on her US Citizen’s husband’s prior criminal history. We had not seen something like this before and found it odd. 

Apparently, her US Citizen husband had a prior conviction for a sexual battery. We believed USCIS was attempting to probe further to verify if his conviction fell under the Adam Walsh Act. 

With the assistance of our client, we obtained her husband’s prior criminal file. We also contacted his prior defense counsel and investigated his file. Our findings revealed that while he indeed entered a guilty plea to this offense, the victim was not a minor. We responded to USCIS’ RFE with all requested documentation and a cover letter arguing that the petitioner was not barred by the Adam Walsh Act from petitioning for his spouse.

Days after receiving our RFE response, USCIS granted our client’s I-130 petition, and she promptly received her Green Card.

We were all thrilled with the results and if you need assistance with your immigration status, feel free to contact us today at Kannan Law.