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Requirements 

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Under the Walsh Act, a petitioner for immigration purposes is required to disclose any criminal convictions for specified offenses, including crimes against children, domestic violence, and certain drug offenses. Failure to disclose this information can result in denial of the petition and potential criminal penalties.

It is important to note that having a criminal record does not automatically disqualify a petitioner from sponsoring or petitioning for the immigration of a foreign national. However, the nature and severity of the offense will be taken into consideration, as well as any steps the individual has taken towards rehabilitation.

What Happens After a Defensive Asylum Decision: Approval or Denial Outcomes

If you are considering sponsoring or petitioning for the immigration of a foreign national and have a criminal record, it is advisable to consult with an experienced immigration attorney for guidance on how to proceed.

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Legal Guidance is Crucial

If you have a criminal record and are considering sponsoring a family member for immigration to the U.S., it is strongly recommended that you:

• Consult with an experienced immigration attorney
  
  
• Gather certified court records and documentation
  
  
• Prepare a strong case demonstrating rehabilitation and responsibility

Walsh Act Waiver (Family Based Petitions)

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Under the Walsh Act, individuals who have been convicted of certain crimes against minors are ineligible to sponsor a foreign national for immigration. However, there is a provision in the law that allows such individuals to seek a waiver of this ineligibility, known as a Walsh Act waiver.

A petitioner seeking a Walsh Act waiver must demonstrate that granting the waiver would not be contrary to the safety or welfare of the foreign national or the general public. The waiver is granted at the discretion of the U.S. government, and a thorough review of the petitioner's criminal history, as well as other factors, is conducted before a decision is made.

It is important to note that a Walsh Act waiver is not a guarantee and does not automatically result in the approval of an immigration petition. Each case is evaluated on its own merits, and the decision to grant a waiver is made on a case-by-case basis

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