Can I bring my wife to US even if I have felony conviction? 3 Answers as of February 17, 2011

I have felony conviction back in 1998 for sexual abuse. Can I still file and get approval fora k3 visa for the woman I plan to marry this year to come to US?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you are bringing your girlfriend here to get married you would apply for a fiance visa which is the K-1. In 2006 Congress passed the Adam Walsh Act which does put restrictions on the ability of certain persons convicted of sexual abuse and other crimes of violence to petition for an overseas spouse or child. I have attached the Memo from USCIS instructing the Officers how to handle these cases. You can also Google Adam Walsh Act and you will get more information on it and see if your conviction is one of the ones covered under the Act and if so what your options are.
Answer Applies to: California
Replied: 2/17/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Criminal record will not deprive your right to petition to government. However, your creditability will be affected. Hire a lawyer to prepare the package for you to avoid denial. Good luck!
Answer Applies to: Florida
Replied: 1/31/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Since 2007 a US Citizen or LPR who has been convicted of specific sex crimes against minors is precluding from petitioning a family under the Adam Walsh Child Protection Act unless the Secretary of the Department of Homeland Security determines there is no risk to the beneficiary. What crimes it includes can be found at Section 111(7) of the AWCP Act.
Answer Applies to: California
Replied: 1/31/2011
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