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
Contact
Get Started NowLearn which visas you are eligible for you to enter the United States, and get assistance applying. Contact an immigration attorney at (888) 223-8176 today!