The USCIS has decided to determine all Adam Walsh Act subject applications at its Vermont Service Center. The Adam Walsh Act applies to certain marriage and fiance(e) visa applications. It requires the Immigration agency to affirmatively determine that a Petitioner will not be a risk to an immigration beneficiary, if the petitioner was convicted of “specified offenses against minors.”
The limitation includes petitions for adult and child immigrant beneficiaries. If subject to the Act, the petitioner has the burden of demonstrating that there is “no risk” to the beneficiary. The immigration agency is the sole determiner and its decision cannot be appealed.
Crimes that make a petitioner subject to the Adam Walsh Act include:
- An offense involving kidnapping (unless committed by a parent or guardian);
- An offense involving false imprisonment (unless committed by a parent or guardian);
- Solicitation to engage in sexual conduct;
- Use in a sexual performance;
- Solicitation to practice prostitution;
- Video voyeurism;
- Certain crimes involving child pornography;
- Criminal sexual conduct involving a minor; or
- Any other conduct that by its nature is a sex offense against a minor.