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.”
Our attorneys provide our clients with the following services:
- 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
Things to Know About Petitions Involving the Adam Walsh:
- 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
Do you have questions about our services? Contact us today!