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Denied US Visa - UK Born - No Strong UK Ties??

Denied US Visa - UK Born - No Strong UK Ties??

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Old Oct 15th 2017, 12:28 am
  #16  
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Default Re: Denied US Visa - UK Born - No Strong UK Ties??

Originally Posted by crg
It may or may not be a CIMT and depends how the law is worded. Malicious damage to property has been found to be a CIMT in Matter of M, 3 I&N Dec. 272 (BIA 1948) (found that property damage offense was Crime Involving Moral Turpitude because was not one “where the act was merely accompanied by negligence or carelessness, but one which was perpetrated maliciously and wantonly”).

Destroying someone's property is similar to stealing it in that it may permanently deprive the person of their property.
If the consulate thought it was a CIMT, it's unlikely they would have denied the visa for lack of ties.
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Old Oct 16th 2017, 1:09 pm
  #17  
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Default Re: Denied US Visa - UK Born - No Strong UK Ties??

Originally Posted by materialcontroller
If the consulate thought it was a CIMT, it's unlikely they would have denied the visa for lack of ties.
You'd think so, but it's not accurate when it comes to a criminal record that's not clear cut. If they wanted to issue the visa, the criminal record would have to be closely reviewed/resolved.

They don't have to look at anything if they can just squash it 214(b). If/when the person applies again and clearly has ties the consulate will delve into the possible ineligibility.

I doubt this person is criminally inadmissible, but I suspect that the consulate didn't want to put in the work to make that determination when they could just deny the visa for another reason. It's the path of least resistance.
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