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/

10 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 Or is the only hope that AWA gets repealed altogether?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.

    • (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.

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