Walsh act waiver approvals
Waivers Under the Adam Walsh Act (AWA)
Question: What are the ‘specified offenses’?
(A) solicitation to engage in sexual conduct;
(B) use in a sexual performance;
(C) solicitation to practice prostitution;
(D) video voyeurism as described;
(E) possession, production or distribution of child pornography;
(F) criminal sexual conduct involving a minor, or the use of the Internet
to facilitate or attempt such conduct; or
(G) any conduct that by its nature is a sex offense against a minor.
Walsh waiver agreement and statement
Question: What type of authority does the Immigration Officers have to grant or deny a Walsh Waiver?
Answer: Waiver of the Criminal Bar under the Adam Walsh Waiver under this provision is in the sole and unreviewable discretion of DHS upon a determination that the petitioner poses no risk to the beneficiary.
USCIS interprets the poses no risk to the beneficiary provision to mean that the petitioner must pose no risk to the safety or well-being of the beneficiary, which includes the principal beneficiary and any alien derivative beneficiary.
Adam Walsh Act No Risk Determinations
Question: What type of evidence is needed for this Waiver?
Answer: The petitioner must submit evidence that demonstrates, beyond a reasonable doubt, that they poses no risk to the safety and well-being of the beneficiary.
Proof may include:
(1) certified records indicating successful completion of counseling or rehabilitation programs;
(2) certified psychological evaluations attesting to rehabilitation or behavior modification;
(3) evidence of service to the community;
(4) certified copies of police and court records relating to the offense; and
(5) news accounts and transcripts describing the nature and circumstances of the offense.
Adam Walsh Waivers
Question: What type of criteria does USCIS to make the decision on this Waiver?
Answer: USCIS shall consider all known factors that are relevant to determine whether the petitioner poses any risk including:
(1) the nature and severity of the offense;
(2) petitioners criminal history;
(3) the nature, severity, and mitigating circumstances of prior arrests or convictions of violent or criminal behavior that may pose a risk;
(4) the relationship between the petitioner and the beneficiary and derivative beneficiaries;
(5) the age and gender of the beneficiary;
(6) whether petitioner and heritor will be stay in the same house; and
(7) the degree that rehab or behavior decrease ease the risk.
The USCIS Adam Walsh Act
Question: What if the recipient of this petition is a child?
Answer: The burden is on the suitor to rebut and overcome the egotism where no children are receiver, there is no front against the signor.