originally posted 5/14/2009
I am a convicted sex offender convicted of 2 counts of child enticement in 1993. I gave cocaine to a minor and played strip poker with her – a crime I am not proud of. But since then I have come a long way in spite of everything I have had to struggle against.
Now I find myself once again about to wage a war for no other reason then to further a career of some politicians and I have no how idea how I am going to do it.
You see I fell in love and married a 44 year old woman and as a result of the love we share , we now have a great little boy. You maybe thinking great! Well its not so great – you see this Adam Walsh Act has put a wall up that I am so afraid I will not be able to overcome. My wife lives in the Philippines with our son ( who is a U.S.Citizen ) and we have filed 2 separate petitions for visas for them to come and live with me here. We just received a letter from immigrations that they intend on denying our visa based upon the Adam Walsh Act that states a sex offender is not
allowed to file a family petition for a visa. They went on to explain that they do not need to take into account the beneficiary’s age in the petition and that they need to look at any children she may be bringing subject to protection.
Our son is a U.S. Citizen, with a U.S. Birth certificate, U.S. Passport, Social security card and all. They can not classify him as a derivative beneficiary of her petition, and certainly a 44 year old woman who has known me for 12 years. She has known my criminal history from day one. She should know better than the immigration officials if I pose a threat to her. Plus I spend 3 to 4 months a year living over there with them.
I own a business here and I have other children here from my first marriage and can’t abandon then to move there.
Do you know of any one else having this problem? Do you know of any source of help dealing with this. My Federal Senator was helping with this till I told him why they intend to deny our visa- then he could not help: It was the law and nothing he could do!
Do you know if any one has ever beat this? They say that the head of homeland security has final and total decision making on this and his or her decision is unreviewable. Meaning I have no where else to take this.
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post shortly after original comment
The same thing has happened to me, only my wife is here now and our daughter is stuck in China. I have been back to visit her but have been denied a visa for her on the same grounds. Hold your head up, and I would like to know the outcome of your case. I feel your pain!