IMBRA and Adam Walsh’s Law

IMBRA and Adam Walsh’s Law

IMBRA and Adam Walsh’s Law

Over the past decade, US politicians have taken a hard line against those with prior convictions for a sex crime involving a child. In this sense, the Adam Walsh Child Protection Act was promulgated by the United States Congress. After passing both chambers, this law was signed into law by President Bush in 2006.

This legislation has much in common with the International Marriage Brokers Regulation Act in that it prevents a US citizen from filing an immigration petition on behalf of an alien family member.

Under the relevant sections of the Adam Walsh Child Protection Act, lawful permanent residents and US citizens who have been convicted of or plead guilty to a “specific offense against a minor” are excluded from obtaining approval of any an immigration petition based on any family relationship. The Adam Walsh Act also prohibits US citizens convicted of these aforementioned crimes from petitioning for nonimmigrant visas that would categorize their fiancés, spouses, or minor children as eligible for “K” nonimmigrant status (K1, K2, K3 , K4).

The difference between the restrictions imposed by IMBRA and Adam Walsh’s law should not be overlooked. While the International Marriage Brokers Regulation Act mostly affects applicants for K-1 and K-3 visas, Adam Walsh’s legislation imposes restrictions on potential applicants of any family-oriented immigration application, which includes the CR-1 and IR visas -1.

There are certain crimes that are considered a “specific crime[s] against a minor,” which would trigger the bar. The following is a non-exhaustive list of crimes that could result in denial of a visa petition based on the Adam Walsh Act: kidnapping or false imprisonment (unless was committed by a parent), sexual solicitation, solicitation to engage in acts of prostitution, crimes involving child pornography, or anything that is defined as a crime involving sexual conduct against a minor.

It may be wise to retain the services of an experienced immigration attorney in situations where a prospective petitioner is unsure whether they fall under the provisions of the Adam Walsh Act. In a case where it is determined that the violation would bar the approval of a visa application under the act, it may be possible to obtain a waiver of the finding of inadmissibility. If the exemption request is not approved, this decision is final. To obtain an exemption, the petitioner must demonstrate that he or she does not pose a threat to the prospective beneficiary.

The content contained herein is for educational purposes only and should not be used as a substitute for the assistance of licensed legal counsel. (An attorney-client fiduciary duty should not be construed as created merely by reading this article.)

#IMBRA #Adam #Walshs #Law

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