Sentencing exception to CMT

Old Oct 13th 2023, 8:26 pm
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Default Sentencing exception to CMT

I recently applied for a B1-B2 visa to visit the US but was declined on grounds of having a CMT.

i am certain that the sentencing exception applies to me because:
- I only have one offence ever
- the max sentence I could have received was 3 months imprisonment
​​​​​​- he actual sentence I received was 12 months probation and no jail sentence. This was due to the circumstances of what happened.

So I am really confused about why the case officer declined me the visa.

she asked during the interview: have you ever been convicted of a crime? I answered yes and explained the details. When asked if I received a prison sentence I replied no; which is true.

I just don’t understand why she did not apply the exception. Should I have literally said - I want to apply for the exemption to CMT? I would be grateful if anyone could offer me some help with this. Many thanks!

Last edited by TommyG1988; Oct 13th 2023 at 8:28 pm.
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Old Oct 13th 2023, 8:50 pm
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Default Re: Sentencing exception to CMT

Were you recommended for a waiver or completely refused?
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Old Oct 13th 2023, 9:16 pm
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Default Re: Sentencing exception to CMT

Originally Posted by christmasoompa;[url=tel:13221334
13221334[/url]]Were you recommended for a waiver or completely refused?
completely refused
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Old Oct 13th 2023, 9:28 pm
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Default Re: Sentencing exception to CMT

Originally Posted by TommyG1988
I recently applied for a B1-B2 visa to visit the US but was declined on grounds of having a CMT.

i am certain that the sentencing exception applies to me because:
- I only have one offence ever
- the max sentence I could have received was 3 months imprisonment
​​​​​​- he actual sentence I received was 12 months probation and no jail sentence. This was due to the circumstances of what happened.

So I am really confused about why the case officer declined me the visa.

she asked during the interview: have you ever been convicted of a crime? I answered yes and explained the details. When asked if I received a prison sentence I replied no; which is true.

I just don’t understand why she did not apply the exception. Should I have literally said - I want to apply for the exemption to CMT? I would be grateful if anyone could offer me some help with this. Many thanks!
how recent was the conviction and what for? Probably why, shoplifting 20 years ago vs a DUI last week would probably play in to it.
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Old Oct 13th 2023, 9:33 pm
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Default Re: Sentencing exception to CMT

Conviction was 14 years ago: 2009. Crime is definitely on the list of CMT
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Old Oct 13th 2023, 9:46 pm
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Default Re: Sentencing exception to CMT

Originally Posted by TommyG1988
Conviction was 14 years ago: 2009. Crime is definitely on the list of CMT
the same reason you don’t want to give details is probably why she denied you..
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Old Oct 13th 2023, 11:16 pm
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Default Re: Sentencing exception to CMT

What paperwork did you provide?
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Old Oct 14th 2023, 11:18 am
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Default Re: Sentencing exception to CMT

If sentenced in a Crown Court, sentencing exception does not apply.
Only applies if sentenced in a Magistrates Court

Last edited by PINELLA; Oct 14th 2023 at 11:22 am.
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Old Oct 14th 2023, 3:02 pm
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Default Re: Sentencing exception to CMT

Thanks everyone for the replies.

Re paperwork I had everything printed and with me that showed I qualify for the exemption but when I was asked in the interview 'have you ever been convicted of a crime?' - I described the crime and the circumstaces. I assumed that I would be asked for the paperwork at the relevant moment. But the interviewer only looked at my ACRO and listened to my answer. There was no opportunity to provide her with the other documents.
Re type of court - it was a Scottish Sherriff court; so not sentenced in a Crown Court.

I still don't understand why the exemption was not applied. I am probably going to try applying agaun and when they ask me 'have you ever been conviced of a crime?' - I will say yes I have and I believe I qualify for the sentencing exemption to CMT - here is the evidence. And hand it over.



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Old Oct 14th 2023, 5:27 pm
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Default Re: Sentencing exception to CMT

Originally Posted by TommyG1988
I recently applied for a B1-B2 visa to visit the US but was declined on grounds of having a CMT.

i am certain that the sentencing exception applies to me because:
- I only have one offence ever
- the max sentence I could have received was 3 months imprisonment
​​​​​​- he actual sentence I received was 12 months probation and no jail sentence. This was due to the circumstances of what happened.

So I am really confused about why the case officer declined me the visa.

she asked during the interview: have you ever been convicted of a crime? I answered yes and explained the details. When asked if I received a prison sentence I replied no; which is true.

I just don’t understand why she did not apply the exception. Should I have literally said - I want to apply for the exemption to CMT? I would be grateful if anyone could offer me some help with this. Many thanks!
Were you handed any documentation stating the basis upon which your visa application was refused. Of course then there is another reason why you may have refused ....A 214b refusal is a decision to decline a visa application on the basis that the applicant has failed to overcome the presumption of being an intending immigrant
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Old Oct 14th 2023, 5:31 pm
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Default Re: Sentencing exception to CMT

The letter I received stated I was refused on both 214(b) and CMT.

The 214(b) refusal makes very little sense but I obviously did not fully explain the purpose of my trip. I believe I will be able to overcome that as I have an employer in the US who will support my application.

It is the CMT issue - and their decision not to apply the exemption when I meet all the relevant criteria - that I most/more concerned about.
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Old Oct 14th 2023, 5:49 pm
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Default Re: Sentencing exception to CMT

Originally Posted by TommyG1988
The letter I received stated I was refused on both 214(b) and CMT.

The 214(b) refusal makes very little sense but I obviously did not fully explain the purpose of my trip. I believe I will be able to overcome that as I have an employer in the US who will support my application.

It is the CMT issue - and their decision not to apply the exemption when I meet all the relevant criteria - that I most/more concerned about.

???? Instant red flag to the case officer. How do you have an employer in the US?
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Old Oct 14th 2023, 5:50 pm
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Default Re: Sentencing exception to CMT

Originally Posted by TommyG1988
The letter I received stated I was refused on both 214(b) and CMT.

The 214(b) refusal makes very little sense but I obviously did not fully explain the purpose of my trip. I believe I will be able to overcome that as I have an employer in the US who will support my application.

It is the CMT issue - and their decision not to apply the exemption when I meet all the relevant criteria - that I most/more concerned about.
Ahh, Finally we got there. With respect you are wrong. The refusal has nothing to do with your CIMIT. The refusal letter makes that clear. Investigate further the reasons why a visa is denied under a 214(b) . If you apply again immediately, it likely to be refused. You will certainly need a lawyer to assist and get to the bottom of why you were refused. There is a very good US Immigration lawyer in Lewes near Brighton you may want to consult with.......

P.S. It also appears that the Consular officer did not progress further with your application as it was denied under 214(b) as there was no need for her to progress further. I am certain that had you not had any issues under 214(b), she would have recommended you for a waiver.

Last edited by PINELLA; Oct 14th 2023 at 5:56 pm.
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Old Oct 14th 2023, 5:54 pm
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Default Re: Sentencing exception to CMT

Thank you - I will definitely look into the Brighton based lawyer.

But the letter has both the CMT box ticked and 214(b).

What about if I apply for a different type of visa? (a working visa instead of the B1-B2)?
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Old Oct 14th 2023, 6:00 pm
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Default Re: Sentencing exception to CMT

Originally Posted by TommyG1988
Thank you - I will definitely look into the Brighton based lawyer.

But the letter has both the CMT box ticked and 214(b).

What about if I apply for a different type of visa? (a working visa instead of the B1-B2)?
A US employer has to apply for a work visa for you..... not you. There are many criteria to getting a work visa; work type, education minimums etc and its costly for the employer, so you need to be in a field which is in demand.

How do you have a US employer currently, if you don't have a work visa to start with?
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