Sex Offender Bill Restricts Family-Based Petitions

November 16th, 2006

On July 27, 2006, President Bush signed the Adam Walsh Child Protection and Safety Act of 2006, which bars US citizen and legal permanent resident convicted sex offenders from obtaining approved family-based immigrant visa petitions.  In particular, section 402 bars US citizens and legal permanent residents convicted of a specified offense against a minor from ever obtaining green card status for any family member through an immigrant visa petition.  The one exception is where the Secretary of Homeland Security, in his sole and unreviewable discretion, determines that the US citizen or legal permanent resident petitioner does not pose any risk to the family member being sponsored.  Please see the text of the Adam Walsh Act.