The Adam Walsh Act also modified a provision in the Immigration and Nationality Act (INA) to protect immigrant visa applicants. As a result of the amendment, any U.S. citizen and legal permanent resident (LPR) who has been convicted of certain crimes, specifically against minors, will not be able to apply for a visa for any family member.
See our past blog with more background information about the Adam Walsh Act. Due to the popularity of our past blog on this topic, we are adding more information on how applicants working with an attorney may show that the petitioner does not pose a safety risk to their beneficiary family member(s).
To prove that they do not pose a risk to safety under the Adam Walsh Act, a petitioner must provide evidence of their rehabilitation and their current low risk of re-offending. This evidence may include:
Completion of sex offender treatment
A long period of time without any further criminal activity
A supportive family and community network
Participation in self-help groups or other programs that promote rehabilitation
Employment and financial stability
Positive character references from friends, family, and employers
In addition, the petitioner should submit a personal statement explaining their conviction, the steps they have taken to rehabilitate themselves, and why they pose no risk to the safety of the beneficiary.
The burden of proof is on the petitioner to prove by a preponderance of the evidence that they do not pose a risk to safety. This means that the petitioner must show that it is more likely than not that they will not re-offend.
Here are some general examples of evidence that petitioners have used to overcome the AWA presumption:
Letters of recommendation from therapists, counselors, or other professionals who have worked with the petitioner and can attest to their rehabilitation
Proof of participation in self-help groups or other programs that promote rehabilitation
Evidence of employment and financial stability
Positive character references from friends, family, and employers
A personal statement explaining the petitioner's conviction, the steps they have taken to rehabilitate themselves, and why they pose no risk to the safety of the beneficiary
It is important to note that there is no single list of evidence that is guaranteed to be successful. The USCIS officer who reviews the petitioner's case will consider all of the evidence presented and make a decision based on the specific facts and circumstances of the case.
It is also incredibly important to present the information in the right way and with the correct explanations, therefore working with an experienced attorney is key in these complicated cases. If you are considering filing an I-130 petition and you are subject to the Adam Walsh Act, it is important to consult with an experienced immigration attorney. An attorney can help you assess your chances of success and can develop a strategy for overcoming the Adam Walsh Act presumption.
Connect with Us!
Reach out to our Facebook page if you need more ideas or resources. Follow us to stay up to date @AbogadaYeseniaTV and share this post with whoever wants to know more. You can also explore this site and share it, along with our contact: (909) 845-1183. To send your questions confidentially, you can do it here.
This website and blog constitute attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.