CIMT two questions

Old Mar 20th 2018, 9:13 am
  #1  
Forum Regular
Thread Starter
 
Joined: Dec 2006
Posts: 35
movida is an unknown quantity at this point
Default CIMT two questions

I have done thorough research and have engaged a US attorney to ensure I follow the process correctly. I have a circa 12 year old CIMT in the UK.

My questions are as follows:

1) Today I happened to find some info that suggests that a waiver of inadmissibility only applies from 15 years after the conviction date (if you apply successfully). It's the first time I've read this, is it true?

2) It's quite likely I can demonstrate that it counts as a petty offence and hence I should automatically receive a waiver anyway. However, I'm unsure how this works as it relies on the embassy staff reading the sentencing guidelines and my attorney's demonstration that I am eligible. They are not legal experts so how does this work? My CIMT was theft from employer which has widely ranging sentences but if you follow the guidelines (depending on amount stolen and severity) then the max sentence can be 26 weeks, or even just a community order.

Particularly concerned about the 15 year thing if I cannot demonstrate successfully it was a petty offence. The conviction is 12 years old and as I say i've not previously seen evidence the 15 year rule is a 'thing'.
movida is offline  
Old Mar 20th 2018, 10:38 am
  #2  
Lost in BE Cyberspace
 
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 16,982
Former Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond repute
Default Re: CIMT two questions

With the application, you must establish one of the following:
A. You are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security;
B. At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated, and your admission to the United States will not be contrary to the national welfare, safety, or security;
C. Your qualifying U.S. citizen, lawful permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission; or
D. You are an approved VAWA self-petitioner.

https://www.uscis.gov/sites/default/...i-601instr.pdf
Former Lancastrian is offline  
Old Mar 20th 2018, 12:53 pm
  #3  
Often not so civil...
 
civilservant's Avatar
 
Joined: Apr 2010
Location: The Boonies, GA
Posts: 7,336
civilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond repute
Default Re: CIMT two questions

They won't care what the sentencing guidelines are, they will want to know what the maximum possible sentence for the offense is, period. As you rightly say they are not attorneys and do not care about the ins and outs of the offence.

I don't know what your attorney is telling you, but I suspect they will recommend you for a waiver and kick it back to the US for a determination.
civilservant is offline  
Old Mar 20th 2018, 2:07 pm
  #4  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: CIMT two questions

If someone is inadmissible for an adult CIMT conviction, that never goes away without a pardon. It could be 15 years or 100. It's a lifetime bar without a waiver. Waivers are usually easier to get the more time has passed.

The single petty offense exception means that one minor CIMT (max sentence possible one year or less & sentence imposed/suspended was six months or less) can be ignored and no waiver would be required.

So if you demonstrate that it qualifies for a single petty offense, then you don't need a waiver at all. The consulate can just issue the visa.

Lancastrian posted a link to the I-601. Be aware that the I-601 is filed by immigrants, and not nonimmigrants seeking to go on holiday. Most nonimmigrants seek the waiver during the visitor visa application process. Your other posts seem to indicate you want to go for a holiday so that would be nonimmigrant.
crg is offline  
Old Mar 20th 2018, 5:29 pm
  #5  
BE Forum Addict
 
Joined: Jun 2011
Location: UK
Posts: 4,699
materialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond repute
Default Re: CIMT two questions

If this is just a simple application for a non-immigrant visitors visa, I doubt that an attorney can bring much value to the process. Just apply for the visa, give the consulate all the information they need and then wait for the decision. It's really not that difficult as long as you are diligent, understand what you are doing and follow the instructions.
materialcontroller is offline  
Old Mar 20th 2018, 7:00 pm
  #6  
 
lansbury's Avatar
 
Joined: Apr 2005
Location: Milwaukie, Oregon
Posts: 9,358
lansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond reputelansbury has a reputation beyond repute
Default Re: CIMT two questions

The maximum sentance is determined by the Act and Section under which you were convicted. The guidelines are just that a guide to a suggested sentence.
lansbury is offline  
Old Mar 20th 2018, 7:10 pm
  #7  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 7,165
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: CIMT two questions

The criminal grounds of removal and the waivers there of are both complicated and a tad murky at times. And this can tie in with the provisions of UK law.

As OP correctly notes, this is often a question of "law" (as opposed to questions of fact. Let's not even begin to get into "mixed questions of law and fact.")

Quite often, the exercise is one of identifying "loopholes" and threading said loopholes.

It can get confusing and it is way too easy to conflate various provisions applicable in some scenarios but not others.

The exercise is a lawyer's stock in trade so to speak.

There is a difference between the iimigrant and non-immigrant ends of he shop.

As noted already, the 15 year provision applies to immigrant visa waiver of prostitution related convictions.

On the non-immigrant end of the shop, there is a fairly broad generacized waiver. The mother case is Hranka. (And I doubt that a woman with Ms. Hranka's facts would prevail today).

It is good OP has an attorney. Hopefully that attorney is either expierenced in waivers or has a maven or angel on her shoulder to help out.
S Folinsky is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.