Legal Advice

For legal advice email allan@asl-lawfirm.com

Also read this http://asl-lawfirm.com/blog/litigating-the-adam-walsh-act-in-federal-court/

17 Comments:

  1. is there some kind of class action lawsuit that is pending that I can join?
    I haven’t been able to see my wife and stepson since April of 2013. Our I130’s were
    denied in Mar. of 2014. we will be married for 7 years in Jan.2017.

  2. I’d like to also recommend Nick Misiti. He specializes in AWA immigration cases and has had success in some cases. He currently represents me in an AWA case that is pending in the 9th Circuit Court of Appeals challenging the AWA on constitutional and administrative grounds. You can find information and contact Nick here: http://www.misitiglobal.com/

    • Loren,

      In addition to Nick Misti, you can also contact Allen Lolly using the link at the top of this page, or find him online. He is working on a case for me at this moment and also has had success with AWA cases.

  3. I have the same question as Loren, and more generally, is there any current effort underway to challenge specifically the immigration aspect of the AWA? Or is the only hope that AWA gets repealed altogether? I will strongly support this cause as I’m sure others will too because every time I’ve told anyone about my situation they are appalled regardless of how they feel about the registry.

    • I have a case pending in the 9th Circuit Court of Appeals that challenges the AWA on constitutional and administrative grounds. In addition to my case, there are several other cases pending in the District Courts and at least one other case being appealed to a Circuit Court.

      The biggest hurdle to this point was getting the District Court to understand that they have jurisdiction in AWA cases. Nick Misiti was the first to convince a Federal District judges that they had jurisdiction to consider the claim (he has convinced two courts thus far. Since then, the 9th confirmed in a memorandum from 12-55675 Barry Reynolds v. Janet Napolitano that District courts have jurisdiction to hear AWA cases that have a constitutional or administrative claim because complying with the Constitution and abiding the Administrative Procedures Act are not discretionary and are thus reviewable.

      Here is a video of the oral argument in the Reynolds case (below). I am including the link to the video because it shows to some degree, the issues that this 9th Circuit panel considered important: https://www.youtube.com/watch?v=hIp4uVpt70U

      The Reynolds memoranda is here: http://cdn.ca9.uscourts.gov/datastore/memoranda/2015/12/31/12-55675.pdf

      There was also an AWA case appealed to the 8th Circuit, Bremer v. Johnson (15-1163) that was remanded but there is little hope that claim will survive in that circuit. That decision is here: http://media.ca8.uscourts.gov/opndir/16/08/151163P.pdf

      I wish I could add more positive news but I can assure that that there are those of us who are fighting this. It has been an expensive battle to date but financially and emotionally but my wife and I are committed to fighting this unjust law.

      • Good luck with your case. Be sure to keep us posted! When is your next court date?

        • Thank you. The case has been fully briefed and the next step is oral arguments if the court requests it. After that, we will have to wait for the decision.

          I will certainly keep the members of this group informed as the appeal progresses.

          • Hi… We have also Misiti as our lawyer. We had him around june 2016. I am glad you proceeded to fight. Do you have recent update.

    • (This message was forwarded from Allan Lolly through Admin)

      Sir, I’m Allan, an immigration attorney with more than 25 years of experience. Here is information regarding the status of AWA processing:

      http://asl-lawfirm.com/blog/litigating-the-adam-walsh-act-in-federal-court/

      It is unlikely the AWA immigration statute will be repealed. Litigation is needed. There are about 50 or so immigration attorneys across the U.S. who are involved with AWA litigation strategies. We have varying strengths and strategies for handling cases. I believe my strategy in litigation is a good tact. Let me know if you need more. Very kindly, Allan

      Note: For information and updates about family immigration please stay in touch on Facebook.

      Allan S. Lolly & AssociatesAPC
      allan@asl-lawfirm.com
      California New York
      Tel: 858.483.0311 Tel: 212.483.0311
      Fax: 858.483.0312 Fax: 212.483.0312

  4. ….also thanks for all the info 🙏

  5. thanks for the info, I am going to have to win the lottery before I can go to any lawyers. I’m dealing with one of my congressmen for now. as I see it there is no hope of getting my wife and son here in the US. I am trying to get the black list lifted and at least go back and see them.

  6. Allan Scott Lolly

    An update for those in AWA battles: I recently had two AWA petitions approved at the USCIS. In another case, we received a second Notice of Intent to Deny. It’s different than the first notice. The second notice acknowledges (incompletely) the first submission and then asks for additional information and clarification. I take this as a sign the USCIS is seriously considering the matter and not simply hunting for a reason to deny. I checked with Nicklaus Misiti’s office and with some other attorneys in my litigation group who work on AWA cases. Nicklaus sees some positive movement as well. There is another attorney who also recently received an AWA petition approval.

    Keep your fingers crossed. It is possible there may be a change at the USCIS.

    I see in some of the posts that people think seriously about what to do and whether to hire an attorney. Behind the scenes, I try to work with anyone I can think of on these AWA cases, including attorneys and clients and anyone really. These are hard cases that need to go into Federal Court. Your case does not have teeth if not set up for litigation.

    In my humble opinion, I’ve not yet seen a case presented excellently before the circuit courts of appeal. It’s not enough to do some research and pitch a case. These are really, really hard cases and when you file in court you want to be thorough, right, and perhaps win. Even then, it’s still tricky. We just do our best. It’s pretty obvious the AWA is administered as a punishment, but proving it under law is a lot of work.

    Unfortunately, there are no pro bono organizations like the ACLU who have vast resources to tackle AWA matters. So, individual attorneys get involved with RSOL matters, like Nicklaus or Janice or Chance, or others. I’m happy to work with them all because changes happen when you put more brainpower onto cases. It’s all a question of smart and trained attorneys, together with smart and educated clients, contributing for a positive result. I believe in criminal justice reform and am against abuse in all its forms. The AWA is abusive and so is the RSOL.

    I really appreciate the efforts clients put into their own cases because no one cares more about your life than you, so you have to really help and think. Put in the effort you can, with an attorney or without, to try and protect yourself. Maybe the positive movement we are currently seeing is a fluke, or maybe not. We still have to keep trying. At least for the moment, I want to share good news that there may be a shift in how AWA cases are handled at the USCIS. Very kindly, Allan Lolly

  7. Today, I received a third AWA approval from the Vermont Service Center. It’s the third within the past 3 months, more or less, so this is a good sign that something is afoot at the USCIS with these cases.

    I checked with other attorneys in my litigation group at AILA. It seems there are a couple other scattered approvals in the U.S., and very importantly there are a few attorneys who’ve received second Notices of Intent to Deny. Misiti reports to the group and he’s met with some success in various ways too. It’s nice to hear the word “success” for a change.

    These cases are all a struggle. A second NOID is important because it allows the petitioner to identify particular concerns of the USCIS. A first NOID is boilerplate, so without more, we have to second guess the basis for eventual denial by the USCIS and try to address those issues. A second NOID helps reveal USCIS concerns with case specifics.

    This most recent approval of ours was actually approved by the USCIS quite a while ago, but the U.S. consulate in Manila returned the immigrant petition to the U.S., “due to crimes.” Great. Well, today’s notice from the Vermont Service Center where the AWA cases are handled says, “This is to advise you that we have reaffirmed our previous decision on the above application or petition which the Department of State had previously returned for review. We have forwarded the case back to the Department of State for action.” That’s pretty clear!!!

    I can understand a health and safety concern, certainly. But, the statute remains unlawfully vague in my view. There is no such thing in human affairs as “no risk”, absent death. So, let’s keep pressing on all fronts. Allan Lolly

  8. Thanks for the update, Allan! This is exciting news. I am working with Nick now to refile our waiver.

  9. Thank you for the update! I am really praying that our case gets approved as well. We submitted our application with awa waiver this July, got biometrics done, and just got our AOS interview scheduled in Nov 5th. Super nervous and scared thinking that the officers will deny our case. We have submitted everything we could possibly think of for the waiver and we have not received any NOID’s or RFE’s. We are in Michigan. I hope that our evidences are more than enough to prove there is no risk of harm. My Question is that even if you had an interview, is it possible that they will just let your case pending for review forever? Also, We have not gotten Work permit (oddly, they scheduled an interview but have not sent us the work permit…). How can we obtain work permit? Can we ask for it in case Our case gets pending for review?

  10. @PrayerWarrior89, I wish you and your wife overwhelming blessings. Who is your attorney? Please keep us up to date!

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