BAY AREA IMMIGRATION SERVICES

The Adam Walsh Act of 2006

The Adam Walsh Act of 2006. US citizens with certain criminal convictions. Congress prohibited certain U.S. citizens and Lawful Permanent Residents with criminal convictions from obtaining any Family-based immigration benefit. Sections 402(a) and (b) of the Adam Walsh Act amend section 101(a)(15)(K), 204(a)(1)(A) and 204(a)(1)(B)(i) of the Immigration and Nationality Act to prohibit U.S. citizens and LPRs who have been convicted of any “specified offense against a minor” from filing a family-based visa petition on behalf of any beneficiary, unless the Secretary of the Department of Homeland Security determines that the petitioner poses no risk to the beneficiary of the visa petition. This authority has been delegated to USCIS, pursuant to 8 C.F.R. § 103.1.

We are skilled in representing clients before the Service in these types of Walsh Act proceedings in advocating for our client that they pose no risk to the beneficiary. Alternatively, our office can assist a petitioner in clearing their criminal records in post-conviction relief applications, if possible, before the state criminal courts. We are skilled in this recently enacted law, and can provide the best representation in order to allow your alien spouse and/or her/his minor children to join you or obtain permanent legal status here in the U.S.A.