Adam Walsh Child Protection and Safety Act

The Adam Walsh Child Protection and Safety Act renders ineligible to file a petition for immigrant status under any petitioner who has been convicted of a “specified offense against a minor” involving any of the following:

An offense (unless committed by a parent or guardian) involving kidnapping.
An offense (unless committed by a parent or guardian) involving false imprisonment.
Solicitation to engage in sexual conduct.
Use in a sexual performance.
Solicitation to practice prostitution.
Video voyeurism as described in section 1801 of title 18, United States Code.
Possession, production, or distribution of child pornography.
Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.
Any conduct that by its nature is a sex offense against a minor.

Consular officers are obligated to determine the criminal record of the petitioner as a precondition of issuing a K visa or family-based immigrant visa. If there is an offense against a minor, the government will seek further information from the petitioner as well as require his or her fingerprinting in the U.S. before deciding whether the bar will apply.

A waiver is possible under the Adam Walsh Act only if the petitioner is able to convince the government that the petitioner poses no threat to the beneficiary or beneficiaries of the petition. A negative decision on the waiver is not appealable.