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Adam Walsh Act Psychological Evaluations for Immigration- Dr. Steven Gaskell
Dr. Gaskell performs comprehensive Adam Walsh Act immigration psychological evaluations for persons in all states. Psycholegal Assessment, Inc. has office locations in Chicago, Illinois; Atlanta, Georgia; Fort Lauderdale, Florida; and soon to be in Scottsdale, Arizona. Adam Walsh Act Psychological Evaluations for USCIS can also be conducted via secure and HIPAA compliant video conferencing. Please call 630-903-9193, 404-504-7039, or 954-332-3513 for a free consultation. For other types of expert forensic psychological evaluations refer to https://psycholegalassessments.com/
Psychological and psychosexual evaluations are now able to be completed by HIPAA compliant video conferencing.Video Conferencing Available!
Adam Walsh Act Waivers – Immigration
The goal of the Adam Walsh Act is to protect children from sexual exploitation and violent crimes, to prevent child abuse and child pornography, 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.
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”:
- An offense (unless committed by a parent or guardian) involving kidnapping.
- An offense (unless committed by a parent or guardian) involving false imprisonment.
- Solicitation to engage in sexual conduct.
- Use in a sexual performance.
- Solicitation to practice prostitution.
- Video voyeurism as described in section 1801 of title 18, United States Code.
- Possession, production, or distribution of child pornography.
- Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.
- Any conduct that by its nature is a sex offense against a minor.
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 UCIS 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:
- Certified copies of police reports and court records related to the offense (e.g. presentence report)
- 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.
- 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).
- Certified records indicating successful completion of counseling or rehabilitation programs (e.g., sex offender treatment).
- Certified evaluations by psychiatrists, clinical psychologists, or clinical social workers that attest to the degree of the petitioner’s rehabilitation or behavior modification; such evaluations should include an assessment by the author/clinician concerning whether the petitioner continues to pose a risk.
- Evidence demonstrating intervening good and exemplary service to the community or in the uniformed services.
- Documentation that he or she submitted to the requirements of the National Sex Offender Registry
To prove that he poses “no risk” to the beneficiary, the petitioner could submit certified records reflecting his successful completion of counseling or rehabilitation programs; certified evaluations by psychiatrists, clinical psychologists, or clinical social workers that attest to the degree of his rehabilitation or behavior modification; and evidence demonstrating his good and exemplary service to the community or in the uniformed services.
Find out more about Psycholegal Assessments' Psychosexual Sex Offender EvaluationsSex Offender Evaluations
Areas of focus of Adam Walsh Act Psychological Evaluation
Adam Walsh Act Psychological Evaluations for USCIS are quite comprehensive and take place over at least two sessions with the client. 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 police reports, court records, sex offender treatment records, Department of Corrections disciplinary history, probation or parole records, and character references.
Psychological testing is given to assess for overall behavioral and emotional adjustment; adaptive and maladaptive personality characteristics; appropriate anger control, management, and expression; level of behavioral constraint; proneness to externalizing acting-out behaviors; level of impulse control; and 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) and fine tuned with Stable and Acute risk factors (Stable-2007, Acute-2007), and other research based risk and protective factors. A spousal assault risk assessment is also completed.
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.
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