Criminal Defense of Immigrants

(C)  Sex Offending Petitioners.  On July 27, 2006, a new law was passed[24] that bars all United States citizens and permanent residents convicted, as adults,[25] of certain sex offenses[26] committed against minors from petitioning for any family member to become a lawful permanent resident.[27]  A waiver of this bar is available only if the DHS determines that the petitioner poses no risk to the person seeking LPR status.[28]

[24] Adam Walsh Child Protection and Safety Act of 2006, PL 109-248  (effective July 27, 2006).  See DOS Cable Implementing Section 402 of the Adam Walsh Child Protection And Safety Act Of 2006 (P.L. 109-248), available at AILA InfoNet Doc. No. 07012564 (posted Jan. 25, 2007).

[25] See § 12.8(D), supra.

[26] As defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006.

[27] New INA § 204(a)(1), 8 U.S.C. § 1154(a)(1).

[28] Id.