Adam Walsh Child Protection and Safety Act

[Jochem 0]

We know that under the Adam Walsh Child Protection and Safety Act (AWA) US citizens are barred from sponsoring via a K/CR-1 visa a foreign national if they have committed certain (sexual) crimes against children.

 

My question: does this include non-sexual violence against children? In particular a mother causing non-accidental injury to a child that results in its death.

 

Please just answer the visa question, I'm not interested in a debate whether or not I should be marrying someone like this. I fully believe in the innocence of this person for reasons I do not want to discuss.

[SorrowL 138]

This Adam Walsh act only effects the petitioner, and the act specifically mentions various sexual crimes but I don’t see any mention other than that. 


there can be other implications due to the type of conviction.

I would advise to inquire the situation to an immigration lawyer, this is a high caliber question, which could be pretty difficult to maneuver around correctly, for a concrete answer.

[Jochem 0]

I am not the petitioner. I have no criminal record whatsoever. I'm just asking this to see whether there is any feasibility to our relationship. She won't be able to come to my country, and as far as I read getting a waiver for Adam Walsh is sort of impossible.

Edited January 21, 2020 by Jochem

[SorrowL 138]

15 minutes ago, Jochem said:

I am not the petitioner. I have no criminal record whatsoever. I'm just asking this to see whether there is any feasibility to our relationship. She won't be able to come to my country, and as far as I read getting a waiver for Adam Walsh is sort of impossible.

Adam Walsh act is mainly for sexual crimes against minors (from what I can read). Like said, your absolute best bet would be to have your petitioner with the record to contact an immigration lawyer in the US and inquire about the situation, especially if there are convictions relating to loss of life.

Edited January 21, 2020 by SorrowL

[Lemonslice 4,945]

Ask your fiancé/spouse to get their record, exact charges, sentence, etc.

 

Then, they should contact immigration attorney (search the forum, a few names come highly recommended) for an initial consultation.  

 

Details matter.  A lot.  

 

This should get you situated and you can then decide what will work for your family/couple.

 

 

 

Edited January 21, 2020 by Lemonslice

[LilyJ 1,258]

I agree. Have them see an immigration attorney about how this may affect your case and the best options for moving forward

[Villanelle 4,122]

The specifics of the AWA are:

 

(A) an offense involving kidnapping, unless committed by a parent or guardian;

(B) an offense involving false imprisonment, unless committed by a parent or guardian;

(C) solicitation to engage in sexual conduct;

(D) use in sexual performance;

(E) solicitation to practice prostitution;

video voyeurism as described in 18 USC § 1801;

(G) possession, production, or distribution of child pornography;

(H) criminal sexual conduct involving a minor, or the use of the Internet to facilitate or

attempt this conduct;

(I) any conduct that by its nature is a sex offense against a minor.

 

Non- accidental injury resulting in death is pretty much a nicer way of saying murder/manslaughter. One convicted of such (or similarly worded charges) is able to successfully petition. Of course you want to have the exact charges and review all the documentation. Expect increased scrutiny. If you are going to pursue this the CR is the better route. Also when it comes to USCIS they take a much more favorable view of those who have committed crimes and not only take responsibility for their prior actions /express remorse/demonstrate change of character etc etc then those who claim innocence and a miscarriage of justice occurred. If a jury of peers or a judge ruled guilt after a trial USCIS considers that to be fact and will consider it as such. To obtain a CR/K one has to make sworn statements that it is not for immigration benefits. By not acknowledging the conviction as legitimate (which USCIS will take the position it is) it can call into question the persons ability to give truthful statements. Just something for you to consider. 

[geowrian 22,338]

Heed the advice above. I also second the CR-1 route. Violent crimes (idk the specifics of your case) can be a considerable hurdle or require a waiver for the I-129F. No such requirement exists with the I-130 for a spousal visa. Even somebody convicted of murder and is in prison can petition for a spouse and have done so successfully.

I'm not saying it would be easy. Expect heavy scrutiny. Know the details of what happened with the crimes, what happened after them, and if/what has happened since then.

 

And yes, that description does sound like a misnomer for a form of murder or manslaughter (although some form of gross negligence is possible as well, instead of a direct action leading to death).

 

Second petitioner with a a similar criminal history in the past week or 2, IIRC. Welcome to 2020.

Edited January 22, 2020 by geowrian