Success story: I-130 approved with criminal history

Success story: I-130 approved with criminal history

A beneficiary of an I-130 petition called our office concerned. After a recent interview at USCIS for adjustment of status and a lengthy discussion, the officer issued her with the commonly-dreaded “request for evidence” (RFE). However, this RFE was unlike one we had seen before.

The RFE requested information regarding not her criminal history but that of her US Citizen husband. USCIS stated in its RFE that the petitioner was convicted of a sex-related crime. They requested extensive documentation regarding the petitioner’s criminal history, and we were on a tight deadline. We presumed USCIS was attempting to investigate the matter to confirm whether the petitioner was barred under the Adam Walsh Act from petitioning for anyone.

The Adam Walsh Child Protection and Safety Act was passed in 2006 and is now part of the Immigration and Nationality Act. Here, specific offenses against minors that will most likely make you ineligible from sponsoring a spouse that seeks a Green Card are stated. These offenses are:

• Solicitation of a minor to engage in sexual conduct or practice prostitution;
• Use of a minor in a sexual performance;
• Production, possession, or distribution of child pornography;
• Kidnapping or false imprisonment (unless committed by a parent or guardian);
• Video Voyeurism;
• The use of the internet to attempt or facilitate criminal sexual conduct involving a minor.

Therefore, we extensively investigated the petitioner’s prior criminal history. Working in tandem with our client in getting all the documentation necessary per USCIS’ request, we prepared a response along with a legal brief and submitted our response to USCIS.

Shortly after that, our client called us, thrilled that she received the notification per the online USCIS case status that her I-130 had been approved. It was just a matter of time before our client received her Green Card, and she is now a lawful permanent resident in the US.

It was our pleasure to take on this challenging case and obtain a successful outcome. If you need help with your immigration status or advice, don’t hesitate to get in touch with us at Kannan Law; we are immigration attorneys in San Diego, California.