Over the past decade, American policymakers have taken a hard line against those previously convicted of a sex crime involving a child. In this vein, the Adam Walsh Child Protection Act was promulgated by the United States Congress. After passage in both Houses, this legislation was signed by President Bush in 2006.

This act is similar to the International Marriage Brokers Regulation Act, in that it places restrictions on a US citizen's right to petition USCIS for immigration benefits for a foreign loved one.

Pursuant to the Adam Walsh Child Protection Act, Americans and lawful US permanent residents who have received a conviction of any "specified offense against a minor" are prohibited from submitting a family-based immigrant petition on behalf of any type of beneficiary. The Adam Walsh Act also bars U.S. citizens convicted of these aforementioned offenses from filing non-immigrant visa petitions that would categorize their fiancees, spouses, or minor children as eligible for "K" non-immigrant status (K1, K2, K3, K4).

The distinction between the restrictions imposed by the IMBRA and the Adam Walsh Act should not be overlooked. While IMBRA mainly affects Applicants for K1 and K3 Visas, the Adam Walsh Act restricts filers of ALL family based visa petitions, including immigrant visa petitions.

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

In cases where there is some doubt as to whether or not an offense would initiate a bar against the petitioner it may be prudent to seek the counsel of an experienced US Immigration Attorney in your jurisdiction. In situations where the offense is deemed to preclude a visa application under the act, it may be possible to obtain a waiver of the decision. If the waiver application is denied, then the decision cannot be appealed. In order to obtain a waiver, the petitioner must prove that he or she not a threat to the prospective beneficiary.

(This information is for general informational use only and is in no way a substitute for legal counsel from an attorney. An Attorney/Client relationship with the author is NOT created by reading this article.)