IMBRA and the Adam Walsh Act

For the past decade, US lawmakers have taken a hard line against those previously convicted of a sex crime involving a child. In this regard, the United States Congress enacted the Adam Walsh Child Protection Act. After passing both Houses, this legislation was signed by President Bush in 2006.

This legislation has much in common with the International Marriage Broker Regulation Act because it inhibits the ability of a US citizen to file an immigration petition on behalf of a foreign relative.

Under the relevant sections of the Adam Walsh Child Protection Act, lawful permanent residents and U.S. citizens who have been convicted of or have pleaded guilty to a “specified crime against a minor” cannot obtain approval of any immigration petition based in any type of underlying family relationship. . The Adam Walsh Act also prohibits U.S. citizens convicted of these listed crimes from filing nonimmigrant visa petitions that would classify their fiancés, spouses, or minor children as eligible for “K” nonimmigrant status (K1, K2, K3, K4) .

The distinction between the restrictions imposed by IMBRA and the Adam Walsh Act should not be overlooked. While the International Marriage Broker Regulation Act primarily impacts K-1 and K-3 visa applicants, the Adam Walsh legislation places limitations on potential applicants for each family-oriented immigration application, including CR-1 and IR-1 visas. .

There are certain offenses that have been deemed a “specified offence.”[s] against a minor” that would make the bar operational. The following is a non-exhaustive list of crimes that could cause an Adam Walsh Act visa application to be denied: kidnapping or false imprisonment (unless committed by a parent), sexual solicitation, solicitation to engage in acts of prostitution, crimes involving child pornography, or anything determined to be a crime involving sexual conduct against a minor.

It may be prudent to retain the services of an experienced immigration attorney in situations where the prospective petitioner is uncertain as to whether or not they are subject to the provisions of the Adam Walsh Act. In a case where it is determined that the offense will prohibit the approval of a visa application in accordance with the law, it may be feasible to acquire a waiver of the determination of ineligibility. If the waiver request is not approved, the decision is final. To obtain a waiver, the petitioner must prove that he or she does not pose a threat to the prospective beneficiary.

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