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. If you fall under the Walsh Act and need assistance demonstrating that you are not a risk to your family-beneficiary, contact us today.
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