The USCIS Adam Walsh Act

A U.S. citizen or lawful permanent resident who has been convicted a specified offense against a minor as defined under the Adam Walsh Protection and Safety Act is prohibited from petitioning for family members, including I-130, I-600, I-600A, I-200 and I-800 unless the petitioner can prove the U.S. citizen or lawful permanent resident “poses no risk to the beneficiary.”

What to Know About Petitions Involving the Adam Walsh Act

• Non-citizens convicted under the Adam Walsh Act can be deported if they fail to register as a sex offender
• Dept. of Homeland Security’s waiver is discretionary and unreviewable
• Petitioner must submit substantial evidence to prove beyond a reasonable doubt that s/he poses no risk to the safety and well-being of the beneficiary
• USCIS presumes “risk of harm” exists where the beneficiary is a child

How the Patel Law Group Can Help You

• Determine whether the conviction is a “specified offense against a minor”
• Assist and prepare a waiver under this provision to prove the petitioner “poses no risk”
• Obtain/draft evidence to prove that he or she poses no risk to the intended beneficiary
• Determine which of USCIS’ criteria can be met in order to determine whether the petitioner poses any risk
• Prepare and file petitions for Adam Walsh Cases where the conviction is an aggravated felony, crime of moral turpitude, K petitions, VAWA petitions, and deportation cases