When the Adam Walsh Act Stops Your I-130: What It Means and What You Can Do
If your I-130 petition was denied because of the Adam Walsh Act, you’re probably feeling overwhelmed, confused, and maybe blindsided. As a Nebraska immigration attorney, I know many families who were shocked to find that a past criminal conviction—often from decades ago—can prevent them from sponsoring their spouse, child, or fiancé for a green card.
You’re not alone. And while this kind of denial can feel like the end of the road, it’s not always final.
What Is the Adam Walsh Act?
The Adam Walsh Child Protection and Safety Act, passed in 2006, was designed to protect children from sexual exploitation and abuse. Although its primary purpose is criminal enforcement and sex offender registration, it also created a provision in immigration law that can derail family petitions filed by U.S. citizens with certain criminal histories.
Specifically, USCIS can deny an I-130 if the petitioner has ever been convicted of a “specified offense against a minor.”
What Counts as a “Specified Offense Against a Minor”?
The term comes from criminal law, but in the immigration context, it can include a broad range of convictions—even if they happened long ago or were part of a plea deal. Examples often include:
Sexual abuse or exploitation of a minor
Statutory rape or offenses involving underage consent
Certain assault or kidnapping charges involving minors
Distribution or possession of child pornography
Soliciting or luring a minor over the internet
Even juvenile adjudications, expunged records, or sealed offenses can still be considered in immigration proceedings. And even if you weren’t sentenced to jail, the mere existence of a qualifying conviction triggers this issue.
The High Bar for an Adam Walsh Waiver
USCIS won’t approve the I-130 unless you can prove that you pose “no risk” to the beneficiary. That’s an extremely high standard—not “low risk,” not “rehabilitated,” but no risk at all.
That’s where an Adam Walsh waiver comes in. With the right evidence and legal strategy, it’s possible to overcome the presumption and move your petition forward.
Evidence typically includes:
Psychological evaluations from qualified professionals
Expert assessments of rehabilitation and risk
Letters of support from community members, family, clergy, or employers
Documentation showing stability, responsibility, and long-term change
A personal statement acknowledging the past and demonstrating growth
Every case is fact-specific. And while this process is never easy, it can work. I help nclients in Lincoln, Omaha, Grand Island, and throughout Nebraska prepare compelling waiver requests—and keep their families together.
Why Early Legal Help Matters
If you’re considering filing an I-130 and you have any criminal history involving a minor—even from decades ago—it’s critical to consult an immigration attorney before filing. The earlier you get guidance, the better your chances of avoiding a costly denial or unnecessary delay.
And if you’ve already received a denial under the Adam Walsh Act immigration bar, don’t panic. There may still be options to refile with stronger evidence or file an appeal, depending on the facts of your case.
FAQ: Adam Walsh Act & Immigration Petitions
Does an expunged or sealed record help?
Unfortunately, no. For immigration purposes, expunged or sealed records can still be considered by USCIS and do not eliminate the requirement for a waiver.
What if the offense happened when I was a minor?
It can still count. USCIS may still require a waiver, even if the conviction occurred when the petitioner was under 18.
Does this only apply to biological parents?
No. The bar applies to any U.S. citizen petitioner sponsoring a spouse, fiancé, or child—regardless of biological relationship.
You Deserve an Advocate—Not Judgment
At Zachary W. Anderson Law, I offer compassionate, confidential representation to individuals and families navigating some of the most emotionally and legally complex parts of the immigration system. I know this isn’t just paperwork—it’s your family, your future, and your peace of mind.
Don’t let a past mistake define your path forward. If you’ve received an Adam Walsh Act immigration denial or are worried about how your record might affect a future petition, I’m here to help.
Ready to talk? Call my office at 402-259-0059 or email me at zach@zandersonlaw.com.
Serving clients in Lincoln, Omaha, Grand Island, Hastings, North Platte, and across Nebraska.