Petty offense exception

Old Jun 17th 2018, 1:48 pm
  #16  
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Default Re: Petty offense exception

I did not realise waivers were so quick.
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Old Jun 20th 2018, 11:24 pm
  #17  
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Default Re: Petty offense exception

OP finally clarified what was happening.

I would like to point out that if the consul errs in the determination of whether or not an offense is a CIMT and whether it is subject to the petty offense exception, that erroneous determination is generally final. Over the years I occasionally had to file waiver applications that should not have been necessary.

My late brother was a civil litigator who would sometimes tell a client they had a very strong case. "You are saying there is no way I can lose?" "No." "How can I lose?" "The judge errs and rules against us."
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Old Jun 21st 2018, 8:01 pm
  #18  
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Default Re: Petty offense exception

Originally Posted by S Folinsky View Post
OP finally clarified what was happening.

I would like to point out that if the consul errs in the determination of whether or not an offense is a CIMT and whether it is subject to the petty offense exception, that erroneous determination is generally final. Over the years I occasionally had to file waiver applications that should not have been necessary.

My late brother was a civil litigator who would sometimes tell a client they had a very strong case. "You are saying there is no way I can lose?" "No." "How can I lose?" "The judge errs and rules against us."
To be fair, I can fully understand the OP's confusion and why it wasn't possible for them to clarify things earlier. The consulate kept the applicant's passport in this instance - and that hardly ever happens when a recommendation is made for a waiver. In the circumstances, despite the apparent involvement of the DHS, it was not unreasonable for the OP to assume that the consulate was not following the waiver recommendation process, but rather exploring something else in this case.
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Old Jun 23rd 2018, 3:51 pm
  #19  
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Default Re: Petty offense exception

Originally Posted by S Folinsky View Post
I would like to point out that if the consul errs in the determination of whether or not an offense is a CIMT and whether it is subject to the petty offense exception, that erroneous determination is generally final. Over the years I occasionally had to file waiver applications that should not have been necessary.
I agree. It's been described as "If you have a waiver, that means you must need a waiver." Getting a consular officer to CLOK something is a royal pain and the path of least resistance is often to just keep getting waivers regardless of how obviously bad the decision was.
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