The Walsh Waiver

The Walsh Act was enacted on July 27, 2006, to: (a) protect children from sexual exploitation and
violent crime; (b) prevent child abuse and child pornography; (c) promote internet safety, and
(d) honor the memory of Adam Walsh and other child crime victims.

Does the Walsh Waiver apply because of something the foreign national did?

No. This is only for sex crimes with minors by the U.S. Citizen.

What exactly is subject to the Adam Walsh Act?

Any family based petition by the U.S. Citizen including marriage and fiancee petitions.

Is the Walsh Waiver hard to obtain?

Yes. It is one of the hardest Immigration Waivers. All the more reason to make sure it is done properly.

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Sex Crime with a Minor triggers the Walsh Waiver

If the petitioner was convicted of a specified offense against a minor (or, if the petitioner is not able to demonstrate otherwise), the petition will only be approved if the petitioner poses “no risk” to the beneficiary spouse.  USCIS has indicated that it will only approve such a petition upon proof “beyond any reasonable doubt” that the petitioner poses no risk to the alien spouse.  The “no risk” determination is entirely within the discretion of USCIS.

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It is possible to get the crime waived so the petition can proceed

Demonstrating “no risk” can be extremely difficult.  The petitioner typically must produce certified records demonstrating successful completion of counseling or rehabilitation programs; certified evaluations by psychiatrists, clinical psychologists, or clinical social workers attesting to the degree of rehabilitation or behavior modification; and other evidence of good character and exemplary service in the community. 

The Walsh Waiver will allow the U.S. Citizen who is the one with the sex crime with a minor to be able to get filed so he or she can then petition for the spouse or fiancee. Without the approval of the Walsh Waiver, the I-130 or K-1 cannot be approved.