BIA remand I-130 appeal (CIS denied under Adam Walsh Law)

Board of Immigration Appeal(BIA) recently remanded an appeal we filed for our client.  BIA asks the USCIS and us to further develop to record and address certain questions.

The I-130 was filed by a US citizen husband for his wife.  he was convicted sexual assault against a minor almost 28 years ago.  Under the Adam Walsh law, anyone who is convicted of sex crimes against children may not petition for spouse or minor child unless the petitioner can prove that he poses no risk to the alien spouse and or minor child.  This is type of case is very difficult to win as the law seems clear and to prove no risk is not easy.  The petition had been pending in CIS for more than 3 years and after client received denial, we were retained.  Very few cases in this area of law are out there.
Remand is positive for our client and we will continue to argue that our client’s I-130 should be approved.  Clients told me that this is their life together and they want to fight together.  We will keep our readers posted on the development of this case.

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