The Immigration agency has announced plans to adjudicate all marriage and fiance(e) visa applications subject to the Adam Walsh Act at the Vermont Service Center. The Adam Walsh Act requires that the Immigration agency affirmatively determine that a Petitioner will not be a risk to an immigration beneficiary, if that petitioner has been convicted of “specified offenses against minors.”
This restriction applies to both adult immigrant beneficiaries and children immigrant beneficiaries. If a person is subject to the act, he or she must demonstrate to the immigration agency that there is no risk to the beneficiary. The immigration agency has sole discretion in making a determination.
The “specified offenses against minors,” include:
- An offense (unless committed by a parent or guardian) involving kidnapping;
- An offense (unless committed by a parent or guardian) involving false imprisonment;
- Solicitation to engage in sexual conduct;
- Use in a sexual performance;
- Solicitation to practice prostitution;
- Video voyeurism as described in section 1801 of Title 18, United States Code;
- Possession, production, or distribution of child pornography;
- Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; or
- Any conduct that by its nature is a sex offense against a minor.