US citizen K-1 petitioners subject to Adam Walsh Act

U.S. petitioners who have been convicted of certain crimes will be subject to the Adam Walsh Act. Such crimes include the following:

• An offense involving kidnapping (unless committed by a parent or guardian);

• An offense involving false imprisonment (unless committed by a parent or guardian);

• Solicitation to engage in sexual conduct;

• Use in a sexual performance;

• Solicitation to practice prostitution;

• Video voyeurism;

• Certain crimes involving child pornography;

• Criminal sexual conduct involving a minor; or

• Any other conduct that by its nature is a sex offense against a minor.

AILA attorneys are reporting that the USCIS is sometimes taking over a year to adjudicate these types of cases. USCIS states that "the ISOs must review the evidence presented to make well-reasoned determinations about the risks petitioners may pose to the beneficiaries of the petitions... As it stand currently, the processing time for AWA-related cases at the VSC is at eight months."

If you are a US citizen who has committed these types of crimes and are seeking to apply for a foreign fiancee, please call our office at 626-771-1078 to see if we can help you.