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

Do you have questions about our family-based visa services? Contact us today!

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