Adam Walsh Act
The Adam Walsh Act prohibits a U.S. citizen from immigrating a foreign fiancee or spouse if the U.S. citizen has a conviction involving any form of sexual contact against a minor child, under the age of 18 years. A waiver to permit the U.S. citizen to proceed with immigrating a foreigner is possible, but rare.
Essentially, we must show the U.S. citizen poses no risk of harm to the foreign fiancée or spouse, or to any child dependents immigrating.
The immigration agency making the decision is very conservative when deciding to issue waivers. According to the Adam Walsh Act statute, there is no right of appeal so the decision of the adjudicating immigration office is supposed to be final. However, there are ways of appealing or litigating denials.
We Provide Effective Assistance
The Adam Walsh Act group of cases are subject to a variety of litigation strategies. This area of law is evolving. Our firm has a long-standing policy of carefully reviewing in these cases, particularly where the foreigner has a child who would be immigrating with the mother. Each case is different and so we are willing to consider. There is only a small percentage of attorneys who are familiar with such issues. We have experience and a good position to provide effective assistance. See latest developments on Adam Walsh Act litigation.
Call for Assistance — The fact that you may have criminal convictions or have previously filed a K1 visa petition for a fiancee or CR visa for a spouse in the past will not necessarily prevent us from successfully obtaining a K visa for your current fiancee or a CR visa for your spouse.
While there are certainly no guarantees in these situations, our law firm has successfully obtained waivers. If you will call us, one of our attorneys will be glad to discuss and give our best estimate of your chances of success in obtaining an Adam Walsh Act waiver.