Child Molester & Registered Sex Offenders
The Adam Walsh act covers people who were convicted of certain crimes against children, the way these cases go is USCIS approves them, they go to the U.S. Embassy they will tell the immigrant of the crimes that their loved one has committed/ convicted of. And then the visa will be DENIED!!
Appeals are a lost cause, they to will be denied.
My advise to anyone involved with someone who is a registered sex offender forget them an move on before it is too late. I know of couples with children and they can not see each other for 4,5, 6 years. NO hope of a visa. So what some try is the US citizen move to the foreign country to be with his/ her spouse and children. Well sorry to say many times that two is also blocked. How that works, is the US gov't notifies the local gov't in that country (where the visa was denied or where the registered sex offender has traveled to) and then the local gov't say we don't want that kind of person in our country so he name is entered into the black list and he/ she is prevented from entering the country, and in the Philippines, they even make is hard for the spouse to get a Passport thinking that she will try and go be with him in another country.
The Adam Walsh act covers people who were convicted of certain crimes against children, the way these cases go is USCIS approves them, they go to the U.S. Embassy they will tell the immigrant of the crimes that their loved one has committed/ convicted of. And then the visa will be DENIED!!
Appeals are a lost cause, they to will be denied.
My advise to anyone involved with someone who is a registered sex offender forget them an move on before it is too late. I know of couples with children and they can not see each other for 4,5, 6 years. NO hope of a visa. So what some try is the US citizen move to the foreign country to be with his/ her spouse and children. Well sorry to say many times that two is also blocked. How that works, is the US gov't notifies the local gov't in that country (where the visa was denied or where the registered sex offender has traveled to) and then the local gov't say we don't want that kind of person in our country so he name is entered into the black list and he/ she is prevented from entering the country, and in the Philippines, they even make is hard for the spouse to get a Passport thinking that she will try and go be with him in another country.
ADAM WALSH ACT
RETURNING I-129-F PETITIONS BASED ON ADAM WALSH ACT REQUIREMENTS a. Section 402 of the Adam Walsh Child Protection and Safety Act of 2006 ("Adam Walsh Act"), which became law on July 27, 2006, amended INA 204(a)(1) and 101(a)(15)(K), rendering ineligible to file a petition for immigrant status under INA 203(a) or nonimmigrant K status, any petitioner who has been convicted of a "specified offense against a minor," defined in section 111 of the Adam Walsh Act as an offense involving any of the following: (1) An offense (unless committed by a parent or guardian) involving kidnapping; (2) An offense (unless committed by a parent or guardian) involving false imprisonment; (3) Solicitation to engage in sexual conduct; (4) Use in a sexual performance; (5) Solicitation to practice prostitution; (6) Video voyeurism as described in section 1801 of title 18, United States Code; (7) Possession, production, or distribution of child pornography; (8) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; (9) Any conduct that by its nature is a sex offense against a minor. Section 402 further provides that the bar against filing a petition because of such a conviction will not apply if the Secretary of Homeland Security, in his or her sole and unreviewable discretion, determines that the petitioner poses no risk to the beneficiary. b. Because of the Adam Walsh Act, you must return the petition to the USCIS domestic service center that approved it, via NVC, any approved I-129-F petition filed by a U.S. citizen identified as having been convicted of one of the offenses against a minor listed in 9 FAM, for reconsideration, unless USCIS has reported that the Secretary of Homeland Security has made the necessary "no risk" determination. Additionally, USCIS has asked that you return to the approving domestic service center (via NVC) for possible revocation any I-129-F petition approved before July 27, 2006 if you are aware of any conviction for a specified sexual or kidnapping criminal offense against a minor that does not appear to have been known at the time of petition approval. Do not disclose conviction information to the visa applicant in cases in which the petition is being returned. c. The Adam Walsh Act's bar against the filing of a petition for family-based immigrant or K nonimmigrant visa status by an individual who has been convicted of a specified offense against a minor does not apply if the Secretary of Homeland Security exercises his sole and unreviewable discretionary authority and determines that the individual poses no risk to a beneficiary. You may encounter cases in which the criminal history information reported to post by USCIS relates to a conviction for a crime that is one of the specified offenses against a minor listed in 9 FAM. Provided that the petition reflects that there has been a no-risk determination by the Secretary of Homeland Security and you intend to approve the visa application, you should not forward the petition to USCIS based on the conviction in that instance, but instead consider it to have been properly filed under the Adam Walsh Act, while nonetheless informing the K visa applicant, during the interview, of any conviction listed in 9 FAM that has been reported by USCIS pursuant to IMBRA. BARRING CONVICTED SEX OFFENDERS FROM HAVING FAMILY-BASED PETITIONS APPROVED. (a) IMMIGRANT FAMILY MEMBERS.—Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), is amended-- (1) in subparagraph (A)(i), by striking ‘‘Any’’ and inserting ‘‘Except as provided in clause (viii), any’’; (2) in subparagraph (A), by inserting after clause (vii) the following: ‘‘(viii)(I) Clause (i) shall not apply to a citizen of the United States who has been convicted of a specified offense against a minor, unless the Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed. ‘‘(II) For purposes of subclause (I), the term ‘specified offense against a minor’ is defined as in section 111 of the Adam Walsh Child Protection and Safety Act of 2006.’’ |
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