Adam Walsh Act Immigration Psychological Evaluations

Forensic psychologist Dr. Steven Gaskell performs a wide range of forensic psychological evaluation services including the psychosexual assessment of sex offenders and sex offender risk assessment.  This post explores the Adam Walsh Act as it pertains to immigration, as well as what is involved in Adam Walsh Act Immigration Psychological Evaluations.

Adam Walsh Act Immigration Psychological Evaluations

Dr. Steven Gaskell performs comprehensive Adam Walsh Act immigration psychological evaluations nationwide.  He is a licensed psychologist in Illinois, Georgia, Florida, Arizona, and Kansas.  He is a holder of the PSYPACT Authority to Practice Interjurisdictional Telepsychology (APIT) which allows him to provide forensic psychological services by telehealth across 43 States.

Psycholegal Assessment, Inc. has office locations in Chicago, Illinois; Atlanta, Georgia; and Fort Lauderdale, Florida.  Adam Walsh Act Psychological Evaluations for USCIS can also be conducted online via secure and HIPAA compliant video conferencing.

Contact Us Today.  Call us at 630-903-9193, 404-504-7039, 954-332-3513 or contact us by email at drgaskell@gmail.com.  

Click here for other Forensic Psychological Evaluations.

Adam Walsh Act Waivers – Immigration

Immigration Adam Walsh Act Psychological Evaluations The Adam Walsh Child Protection and Safety Act of 2006 prevents U.S. citizens and lawful permanent residents who have been convicted of certain sex offenses against minors from petitioning for family-based immigration benefits, including sponsoring a spouse or child, unless they can prove they are not a threat to the beneficiary.  A U.S. citizen or permanent resident who is convicted of a “specified offense against a minor” may be prevented from filing a visa petition on behalf of a close family member.

Goal of Adam Walsh Act

The goal of the Adam Walsh Act is to protect children from sexual exploitation and violent crimes, to prevent child abuse and child pornography, as well as to promote Internet safety and to honor the memory of Adam Walsh and other child crime victims. 

The Adam Walsh Act pertains to immigration in I-129F – petition for Alien Fiancé and I-130 visa application – petition for alien relative.  If the citizen has a prior sexual offense, it could adversely impact the ability to have such immigration requests granted.  The Adam Walsh Act added a provision barring a United States citizen who has been convicted of a “specified offense against a minor” from having a family-based visa petition approved unless the Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, determines that the citizen poses “no risk” to the alien beneficiary.

Sex Offense Against a Minor

Title I of the Adam Walsh Act, the “Sex Offender Registration and Notification Act” (“SORNA”), defines a “specified offense against a minor” to mean “an offense against a minor that involves any of the following”:

1. An offense (unless committed by a parent or guardian) involving kidnapping.
2. An offense (unless committed by a parent or guardian) involving false imprisonment.
3. Solicitation to engage in sexual conduct.
4. Use in a sexual performance.
5. Solicitation to practice prostitution.
6. Video voyeurism as described in section 1801 of title 18, United States Code.
7. Possession, production, or distribution of child pornography, which is also known as CSEM.
8. Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.
9. Any conduct that by its nature is a sex offense against a minor.

Evidence to Prove No Risk to the Beneficiary

For Adam Walsh Act Immigration cases, the citizen must submit evidence beyond a reasonable doubt that he or she  poses no risk to the beneficiary.  The USCIS wants information all known factors that are relevant for determining whether petitioner poses any risk to the safety and well-being of the beneficiary including, but not limited to:

1. Certified copies of police reports and court records related to the offense (e.g. presentence report)
2. Trial transcripts – describing nature and circumstances surrounding the specified offenses against a minor and any other criminal, violent or abusive behavior, incidents, arrests, and convictions.
3. The terms and conditions of the sentence, release, parole, probation and any other related requirements set forth by the jurisdiction where the petitioner resided since the conviction(s).
4. Certified records indicating successful completion of counseling or rehabilitation programs (e.g., sex offender treatment).
5. Certified evaluations by psychiatrists, clinical psychologists, or clinical social workers that attest to the degree of the petitioner’s rehabilitation or behavior modification.  In addition, such evaluations should include an assessment by the clinician concerning whether the petitioner continues to pose a risk.
6. Evidence demonstrating intervening good and exemplary service to the community or in the uniformed services.
7. Documentation that he or she submitted to the requirements of the National Sex Offender Registry; however, not all are required to register.

Proving No Risk

To prove that he poses “no risk” to the beneficiary, the petitioner could submit

1. Certified records reflecting his successful completion of counseling or rehabilitation programs;
2. Certified evaluations by psychiatrists, clinical psychologists, or clinical social workers.  These evaluations should attest to the degree of his rehabilitation or behavior modification; and
3. Evidence demonstrating his good and exemplary service to the community or in the uniformed services.

Areas of focus of Adam Walsh Act Immigration Psychological Evaluation

Adam Walsh Act Psychological Evaluations for USCIS are comprehensive and take place over at least two sessions with the client.  Sessions can be in-person at one of Psycholegal Assessments, Inc. offices or by online secure remote video conferencing.  Dr. Gaskell reviews all factors that are relevant for determining whether the petitioner poses any risk to the safety and well-being of the beneficiary.  Documents are reviewed including:

1. Police reports,
2. Court records,
3. Sex offender treatment records,
4. Department of Corrections disciplinary
5. History, probation or parole records
6. Character references. 

Psychological testing is administered to assess for:

1. Overall behavioral and emotional adjustment;
2. Adaptive and maladaptive personality characteristics;
3. Appropriate anger control, as well as management and expression;
4. Level of behavioral constraint;
5. Proneness to externalizing acting-out behaviors;
6. Level of impulse control; and
7. Quality and stability of relationships with others.

A comprehensive sex offender risk assessment is completed, which is anchored by actuarial instruments (Static-99R, Static-2002R).  In addition, this information is supplemented with Stable and Acute risk factors (Stable-2007, Acute-2007).  Lastly, other research based risk and protective factors are explored.

Why This Evaluation Matters

Without a favorable psychological evaluation, USCIS is likely to deny the immigration petition. A thorough, well-documented evaluation by a forensic psychologist can significantly strengthen a waiver application under the Adam Walsh Act.

Evaluations can be completed by videoconference through Doxy.me, which is as easy to use as Skype or FaceTime, but is secure and HIPAA compliant.