Criminal History and Family Petitions: What U.S. Citizens and Green Card Holders Need to Know

A U.S. Citizen's (USC) and Legal Permanent Resident's (LPR) criminal history can affect their eligibility to petition for foreign relatives. Two key laws governing this area are the Adam Walsh Act and the International Marriage Broker Regulation Act (IMBRA).

The Adam Walsh Child Protection and Safety Act of 2006 established strict requirements for U.S. Citizens and Legal Permanent Residents who wish to file family-based petitions. Under this law, if a USC or LPR has been convicted of certain specified offenses against minors, they become ineligible to file family-based petitions unless they can obtain a special waiver.

These specified offenses include:

• Kidnapping (unless committed by a parent)

• False imprisonment (unless committed by a parent)

• Certain sexual offenses involving minors

Important considerations regarding the Adam Walsh Act:

• The law applies regardless of how long ago the conviction occurred

• Even expunged records are considered

• The prohibition affects petitions for ANY family member, not just children

• Waivers are available but require proving "beyond a reasonable doubt" that the petitioner poses no risk to the beneficiary

The International Marriage Broker Regulation Act (IMBRA) specifically applies to U.S. Citizens filing K-1 fiancé visa petitions. This law was enacted to protect foreign fiancés by ensuring they have information about their prospective spouse's criminal background before proceeding with the relationship.

Under the IMBRA, U.S. citizen petitioners must disclose their criminal history, particularly focusing on:

• Violent crimes, and more specifically crimes of domestic violence, dating violence child abuse and so on

• Multiple criminal convictions

• Substance-related offenses

If the petition is approved, USCIS will then provide a copy of the petitioner's criminal history to the consular officer, which in turn will share the petitioner's criminal history with the beneficiary .

If any of these circumstances apply, it's essential to consult with an experienced immigration attorney before filing a family or fiancé petition, as the consequences of filing without proper guidance can be severe and long-lasting.