Success with US Immigration under the Adam Walsh Act requires a lot of effort to get things right. A first basic step in presenting a good case is having the correct and complete set of criminal and treatment records. We can help you with AWA immigration matters.

Step 1: Pull Records

Here are instructions that should help you get started:

It outlines targeted records and how to try to obtain them. Work first on records that are likely to be readily available to you. 

Records are not always available and yet the US petitioner has the burden of proving beyone a reasonable doubt that he or she poses no threat to the foreign family member. This is the highest legal standard of proof and certified records play an important role in helping to satisfy the petitioner’s burden.

Successes Happen

Don’t be overly discouraged about the AWA. Our office has had good successes despite the odds. Here are some cases approved in our office by USCIS over the past several years:

Adam Walsh Act Immigration No Risk Determinations

The link above provides some information about what may lead to success. It also discusses some of the markings of a successful case. We’ve had a number of approvals since then as well, three within the past four months, all from USCIS without the need to litigate:

• Robert: Sexual intercourse with a 14 year old minor in 1999. Mutual attraction. K1 fiance petition approved in April 2022. Fiance from the Philippines.
• Todd: Child porn on cell phone, sexting. Incident in February 2018. On probation. Adjustment of status approved for his spouse from China in June 2022. Our firm appeared for the adjustment interview.
• Doug: Sexual relationship with a girl he met online who turned out to be 13. Adjustment of status approved for his spouse from Korea in August 2022. Our firm appeared for the adjustment of status interview.

Proceed Cautiously

USCIS is the immigration agency who decides whether to approve. Approval from USCIS is not impossible as shown, but AWA matters are some of the most difficult cases in immigration. My belief is we’ve had success than others because Allan continually researches legal matters and explores issues in psychology so that we work effectively with clients, staff, psychologists, and legal theories on cases. USCIS officers often take seriously those who are serious.

We want to be objective and not combative. We believe it important to try to encourage USCIS adjudicators to focus solely on determining risk to family and not on other matters. We bring forward as much information and documentation as we can to help guide the officer toward what we believe are the relevant issues of the case. USCIS has the upper hand, so why not try to encourage approval when it is fair to do so? Fighting without a winning strategy is a mistake.

Other Avenues

In addition to substantive AWA no risk approvals by USCIS, there can be technical reasons the AWA might not apply, and they are not always obvious. In other instances, a resubmission with new information has resulted in approval. Other immigration options outside family sponsorship should be explored to find the best path to a green card. We’ve had a number of clients end up with work visas that lead to green cards. Cases are always a work in progress. All avenues in support of your family should be explored.

Choosing the right attorney is important. No one is perfect. Instead, each attorney has his or her own idea about how to proceed in your case. Thoughtful deliberation about your case based on experience and expertise increases your chance of success. There is no charge when calling to inquire about services for those who have an interest in working together with us on your immigration matters.

Our Immigration Law Practice

When you hire Allan S. Lolly, P.C., you hire a team of experienced professionals with decades of knowledge who can help solve problems the right way. We take our work seriously. We want you to succeed, whether you are pursuing a green card, marriage visa, fiancé visa, bar waiver, victim rights, or other family or employment benefits.

We’ve successfully obtained well over 15,000 visas and green cards for family members from over 190 countries. We can help you.