Can I get my fiance and her son on a fiance visa if I have an old felony? 8 Answers as of October 19, 2011

It appears that the answer depends on the terms of the court order. If you are required to register and are restricted to no contact with a minor you will be unable to do so. Contact an attorney before trying.

As long as the "sex felony" has nothing to do with child abuse. Look up the "Adam Walsh Act" on the internet and see if your kind of felony is not the type delineated in there. In general, any USC can petition their spouses and would-be-spouses without much friction.

If it is a sex crime with a minor, the short answer is no. But you may apply for a waiver which is hard to get.

Depending on the charge, it is very, very difficult under the new regulations imposed under the Adam Walsh Act.

I cannot answer this question without more information. Your offense may be covered by the Adam Walsh act, which prohibits the issuance of a fiancé or immigrant visa to the spouse or child of a U.S. citizen if the U.S. citizen has been convicted of a sexual offense. To overcome the prohibition, you must demonstrate that you are rehabilitated and that you will not commit a new offense "beyond a reasonable doubt." This is a very high standard and will require substantial evidence including a psychosexual evaluation and other items.

It really depends upon the felony of which you were convicted and the details surrounding the arrests. In some circumstances, the crime makes you a danger to the person you are petitioning. Other cases, it requires submission of extensive documentation that you are not a danger to your fiancé or her child.

The Adam-Wash Child Protection Act prohibits the approval of immigrant visa petition(I-130) for anyone with sex offense conviction involving a minor. Check your record to see if your crime involves a minor. If not, you should be able to file petition for your fiancee and her child.

This sounds like you may require a Adam Walsh Act Waiver.