Adam Walsh Act Claims – As we have discussed in one of our earlier postings on the Adam Walsh Act of 2006, a petitioner who has been convicted of a specified offense can only be successful with their petition if the Secretary of Homeland Security determines that the petitioner poses no risk to the beneficiary.
What is a “No Risk to the Beneficiary” Determination?
As the name may imply, this is a decision which concludes that the beneficiary of the petition is at no risk of harm or endangerment from the petitioner. The USCIS must make this determination based on the evidence submitted in the petitioner’s application and waiver forms. The petitioner, with the assistance of an immigration attorney, must submit evidence which supports his or her case and which establishes beyond a reasonable doubt that he or she poses no risk to the beneficiary.
What Kind of Evidence Must be Submitted to Demonstrate “No Risk”?
The answer to this question depends on the severity of the offense, the petitioner’s criminal history, any preexisting relationship between the petitioner and beneficiary, the ages of the parties, any rehabilitative efforts taken by the petitioner, and many more factors. It is a good idea to consult with an immigration lawyer before compiling an application under the Adam Walsh Act because once it is sent to the USCIS, the decision is made at the unreviewable discretion of the USCIS.
Petitions which are applicable under the Adam Walsh Actcan be difficult to have approved. Consider setting up a consultation with an attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.
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