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Long Island Adam Walsh Act Waiver Lawyer


Adam Walsh Act Lawyer

The purpose of the Adam Walsh Act is to protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims.

The changes made by the Adam Walsh Act are that U.S. citizens and Lawful Permanent Residents who have been convicted of a “specified offense against a minor” are now prohibited from filing a family-based immigrant petition on behalf of any beneficiary or a nonimmigrant visa petition to classify their fiancé(e)s, spouses, or minor children as eligible for “K” nonimmigrant status, unless the Secretary of Homeland Security determines, in his or her sole and unreviewable discretion, that the petitioner poses no risk to the beneficiary.

Specified Offense against a Minor

The term “specified offense against a minor” is defined at 42 U.S.C. § 16911(7) as an offense against a minor (an individual who has not attained the age of 18 years) that involves any of the following:

  1. An offense (unless committed by a parent or guardian) involving kidnapping;
  2. An offense (unless committed by a parent or guardian) involving false imprisonment;
  3. Solicitation to engage in sexual conduct;
  4. Use in a sexual performance;
  5. Solicitation to practice prostitution;
  6. Video voyeurism as described in section 1801 of Title 18;
  7. Possession, production, or distribution of child pornography;
  8. Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; or
  9. Any conduct that by its nature is a sex offense against a minor.

If a check reveals a hit for any offense that is or potentially may fall within the statutory definition then a Request for Evidence or Notice of Intent to Revoke may be issued to the Petitioner.

Adam Walsh Act Waiver

The petitioner must prove beyond any reasonable doubt by submitting evidence of rehabilitation and any other relevant evidence to show he or she poses no risk to the safety and well-being of the beneficiary.  Such evidence includes but is not limited to the nature and severity of the petitioner’s specified offense(s) against a minor, including all facts and circumstances, the petitioner’s criminal history, the age and gender of the beneficiary, etc.

Contact the Law Firm of Kyce Siddiqi right away if you have been issued a Notice of Intent to Revoke or Request for Evidence concerning your petition on the grounds of the Adam Walsh Act.