Zenab

4 years ago he received a conviction for petty theft without knowledge, later explaining he hadn't known that the offence was a CMT, ticking "No" he filed and was approved.

I fear that the UCIS may consider the offence a CMT, and deny the CR-1 or green card, on the grounds that it wasn't declared in the early stages.

He says this was his only offence, and he was 19 at the time.

What can be done at this point?

materialcontroller

The offence is a CIMT. Hopefully your fiance's explanation that he didn't believe he needed to declare the offence on the earlier visit will be accepted. And in fact people make those kinds of mistakes all the time, so it would be very difficult for the USCIS to prove that he'd deliberately lied in the past.

Zenab

Is it better to apply from UK or within USA in such instances?

civilservant

He cannot apply for the CR1 from inside the US in any circumstances. He will need to attend a medical and an interview in his home country.

Wolfpit228

The problem may arise when obtaining a police certificate. It may well be mentioned on that, which has to be provided at the NVC stage. Then there could be some explaining to do. As well as obtaining any court records.

scrubbedexpat099

Depends if they consider it misreport.

jeffreyhy

This thread has a couple of informed posts that may be relevant in support of your point:
http://britishexpats.com/forum/showt...ely+retraction

Regards, JEff

crg

Anyone know the wording of the crime "theft without knowledge"?

It may not even be a CIMT. Unless the law includes that the offender needs mens rea (guilty mind) it may not be a CIMT at all.

In the Canadian Criminal Code, for example, Possession of Stolen Property is not a CIMT, but Possession of Property Obtained by Crime is because one contains guilty knowledge as an element of the offense and the other does not.

pennieanddarryl

you would have to more specific on what the actual charge was there is no such thing as theft without knowledge ... you would need to read the wording on the charge sheet that he would have been given when bailed and what was the final outcome court or formal warning

crg

Just so we're on the same page, I was responding to the OP's quote:

I too am puzzled because I've never heard of that charge before.

Zenab

It was a charge conviction for theft... His argument in court was that he didn't believe there was a rightful owner.

His offence comes under a CMT, for which I believe there is a waiver... but as for the not declaring it on the ESTA, what can be done at this point?

scrubbedexpat099

Another waiver, well actually the same one but it just gets harder.

Zenab

https://help.cbp.gov/app/answers/det...lkL2QxMmF2bmps

If he were to declare it now while he was in the USA how would this affect his case. I think a attorney may be necessary in this case.

Noorah101

He can only declare it at the time he's applying for something (on an application form or in person at an interview, for example). If he's in the USA, how will he go about declaring it? What's he applying for in the USA?

Rene

Zenab

After much googling:

https://help.cbp.gov/app/answers/det...ication-denied

He is applying to adjust status after we get married.